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AFIN® MEMBERSHIPS, PRODUCTS, AND WEBSITE Rules, Terms and Conditions of Use

  • TERMS AND CONDITIONS
  • BUXBO APP
  • OFFER RULES OF USE
  • BUSINESS CLIENTS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

AFIN TECHNOLOGIES, INC., A DELAWARE CORPORATION, AND ITS AFFILIATES, LOCATED AT 1401 CROOKS ROAD, SUITE 150, TROY, MICHIGAN 48084 (““AFIN” AKA “ENTERTAINMENT”, “DINING ADVANTAGE”, “SAVERS GUIDE”, AND “BUXBO”) PROVIDES YOU ACCESS AND USE OF AFIN MEMBERSHIPS, PRODUCTS, SERVICES, AND WEBSITES SUBJECT TO YOUR COMPLIANCE WITH THESE RULES, TERMS AND CONDITIONS OF USE ("Terms"). BY ACCESSING, BROWSING AND USING THESE WEBSITES ("Site"), YOU AGREE TO BE BOUND BY THE TERMS AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND APPLICABLE LAWS EACH TIME YOU USE THESE SITES, OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU SHOULD NOT USE THESE SITES.

Afin grants you access to the Site, conditioned upon your acceptance of these Rules, Terms and Conditions of Use (the "Agreement").

 

BY DOWNLOADING, INSTALLING OR USING THE APP OR SITE, YOU AGREE: (A) THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) TO THE RULES OF USE POLICY; AND (D) TO THE PRIVACY POLICY. PLEASE CAREFULLY READ THIS AGREEMENT, THE RULES OF USE POLICY, AND THE PRIVACY POLICY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

 If at any time after reviewing or using the App or Site you wish to terminate such use or this Agreement, you must uninstall and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your Device before you uninstall, remove or cease to use the App can still be used.

 

  1. Contact Us

If you are experiencing difficulties using the Site, please contact us:

Email Customer Service link at https://memberservices.entertainment.com

Write us at:

Entertainment

ATTN: Customer Service

1401 Crooks Road, Ste. 150

Troy, MI 48084

 

  1. Terms and Policies

Afin may modify these Terms at our sole discretion from time to time, and only Afin has the right to do so. If the Terms are changed, we will post the new Terms on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

Additional policies and Terms apply to your access and use of specific portions of the Site, to the purchase of Afin memberships, products and/or services, and are included as part of the Terms. Afin has adopted a Privacy Policy that that you should refer to fully understand how we use and collect information. To learn about Afin’s privacy practices, please refer to the Privacy Policy section of the Site.

 

  1. Website and Apps

The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be different than the laws that apply to the Site. Accessing the Site from outside the United States is done at your own risk. You are responsible for compliance with jurisdiction laws.

  1. License & Site Access

AFIN grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials  in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials, and; (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of AFIN or any third party. You may not use any meta tags or any other "hidden text" utilizing AFIN’s name, trademark, or product name without our expressed written consent. "Site Materials" means all materials on the Site, including, without limitation, all AFIN, merchant or other third-party trademarks, trade dress, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators fully prosecuted.

  1. Website Changes, Misprints, Errors & Cancellations

Subject to applicable law, we: (a) cannot guarantee that Memberships, products or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase, you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

  1. Passwords & Security

If you use a password to access the Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, then you should notify AFIN immediately. AFIN reserves the right to take all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. While AFIN takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when AFIN communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. AFIN may rely on the authority of anyone accessing your account or using your password, and in no event, will AFIN be held liable to you for any liabilities or damage resulting from or arising out of: (i) any action or inaction of AFIN under this provision; (ii) any compromise of the confidentiality of your account or password, and; (iii) any unauthorized access to your account or use of your password.

  1. Intellectual Property

All Site Materials are owned by us, merchants, and others and are protected by United States and international copyright, trademark and other laws.

  1. Trademarks - AFIN®,,and other registered trademarks owned by AFIN, merchant and other third-party trademarks, and their respective designs and/or logos are either trademarks or registered trademarks of AFIN or the third party, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AFIN or other respective owner. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of AFIN, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AFIN. All other trademarks, registered trademarks, product names and company names or logos mentioned are the property of their respective owners.
  2. Restrictions on Use - Except as stated in the Terms, none of the materials and intellectual property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of AFIN or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of AFIN - is strictly prohibited.
  • Copyright
  1. To notify us of a copyright infringement, write to us at:

AFIN

ATTN: Legal Department

1401 Crooks Road, Ste. 150

Troy, MI 48084

 

  1. Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Actto confirm these requirements):
    • The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • A description or identification of the copyrighted work you claim has been infringed.
    • A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
    • Your address, telephone number, and email address.
    • A statement that you have a product faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
  2. Software

Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on the Site is licensed to you by AFIN on a non-exclusive and limited basis. AFIN shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

  1. Hyperlinks
  2. Links to the Site - You are granted a limited, non-exclusive right to create a link to the Site homepage only. Such link must not portray AFIN or any of its Memberships, products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not frame AFIN trademarks, logos or other proprietary information, images from the Site, the content of any text or the layout/design of any page, or forms contained on a page without AFIN’s express written consent. All other linking is prohibited. Except as noted above, you have no right or license by implication, estoppel, or otherwise in any AFIN or third-party patent, trademark, copyright, or proprietary right.
  3. Third Party Links - AFIN makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
  4. Submissions
    1. Your Information

By registering on the Site, you agree your information is current, accurate and complete.

  1. Additional Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to AFIN, or postings on the Site ("Submissions") are non-confidential (subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of patent, attribution and integrity) are irrevocably waived, in favor of us and our assigns.

  1. Restrictions for Submissions

By using the Site, you agree not to do any of the following:

  1. Upload to, distribute or otherwise publish through the Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
  3. Upload or transmit any Content that may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  5. Upload to, distribute or otherwise publish through the Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent products, services, schemes or promotions.
  6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  • Cookies
  1. How AFIN® uses “Cookies”

When you use and access the Service, we may place cookies files in your web browser. Please refer to Section “Information Collected Automatically” of AFIN’s Privacy Policy.

  1. What are your choices regarding cookies?

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.  Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

  1. Where can you find more information about cookies?

You can learn more about cookies at the following third-party websites:

  • AllAboutCookies: http://www.allaboutcookies.org/
  • Network Advertising Initiative: http://www.networkadvertising.org/
    1. Policies and Enforcement. All access and use of the Site is governed by and subject to the Terms. AFIN may:
    2. Monitor any activity & content associated with forums and other areas on the Site.
    3. Access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications.

              iii. Disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a product faith belief that such disclosure is justified or required in an emergency.

  1. Investigate any reported violation of our policies or complaints.
  2. Take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that AFIN believes in its sole discretion may violate applicable law, the Terms or a third party's rights. AFIN takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter
  3. Responsibility for Your Conduct

You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless AFIN and its parents, employees, agents and representatives from any third party claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your conduct, your actual or attempted violation of these Terms or any applicable law, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site on your behalf or arising out of your violation of your obligations under Section D(4)(f).

  1. Third Party Websites

We provide links and access to third party websites or services that contain information that is provided as a service to those interested in the information. AFIN neither regularly monitors nor assumes responsibility for the content of third parties' statements or websites. AFIN does not endorse or adopt these websites, or any information contained on such websites. AFIN makes no representations or warranties whatsoever regarding their accuracy or completeness.

  1. Children

The Site is designed for and intended for use by adults. If you are under 18, you may use the Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site by children, minors and others under your care. You agree to be responsible for their use of the Site.

  1. Disclaimer

THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. AFIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITE. AFIN DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AFIN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. AFIN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF AFIN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AFIN.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFIN BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO AFIN’S OPERATION OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AFIN (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO AFIN’S OPERATION OF THE SITE EXCEED $100.

THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR AFIN’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD IN CONNECTION WITH OPERATING THE SITE.

  1. Applicable Law, Venue and Limitation of Actions

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and entirely performed within Michigan, without resort to its conflict of law provisions. Regardless of where you access the Site, you agree that all Claims arising out of or relating to these Terms shall be resolved through final and binding arbitration in Detroit, Michigan administered by AAA in accordance with the Federal Arbitration Act, U.S. Code, Tit. 9, § 1 et seq. “Claims” means all Party disputes against the other Party or its officers, directors, employees or agents, arising from this Agreement or its termination, whenever asserted including, but are not limited, to claims for: breach of contract or covenant; tortious conduct; violation of any law, ordinance, regulation or rule; and discrimination or harassment. All Claims must be brought within two years from when the Claim first arose. This Agreement does not apply to claims: before administrative agencies, where arbitration cannot lawfully be compelled; for benefits where the plan specifies a procedure inconsistent with this Agreement.   You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such arbitration over any suit, action or proceeding arising out of these Terms.

  1. Termination of Site Access

AFIN reserves the right, without notice and at its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms or its policies. Upon termination, these Terms shall still apply.

  1. Consent to Email Communication

When you visit the Site, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Site. We do not include details of your personal financial information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the entertainment.com site, or leaving a telephone message with an email address for Customer Service to respond to a query about your account, as a request that we communicate personal financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. To unsubscribe from email newsletters and promotional messages, please visit the Email Preferences page. Please allow up to 5 days for our records to be updated. For current AFIN members, please be aware that when you don't receive emails, you are still a member and you can access coupons by visiting the Member Website directly or downloading our apps for iPhone/iPad and Android for on-the-go access.  The unsubscribe request will not cease communications related to your account, such as annual renewal reminders and billing confirmations.

 

BUXBO APP

  1. End-User Content and Our Services

Our Services allow you to submit, store, send or receive content. When you submit, store, send or receive content to or through our Services, you grant Buxbo (and those we work with) a worldwide license to use, store, communicate, and distribute such content for the limited purpose of operating, promoting, and improving our Services and app content, and to develop new ones. This license continues even if you stop using our Services.

As you send and receive Content, as well as while that Content is stored, it is analyzed by our systems in an attempt to provide you personally relevant coupons, targeted ads and exclusive rewards.

For more information regarding user Content and how it is used, please see our Privacy Policy. Feedback and recommendations about our Services, may be used without any obligation to the User.

 

  1. User Activity

In an effort to recommend and optimize promotional offers, rewards, or coupons that would interest you, we collect information on your activity like:

  • Terms you search for Coupons you save
  • Views and interactions with content and ads
  • Voice and audio information when you use audio features
  • Redemption activity
  • People with whom you communicate or share content
  • Activity on third-party sites and apps that partner with Buxbo

We use the information we collect to provide customized services like recommendations, rewards, and coupons. Coupons you’ve used or saved or Squads you’ve joined to help us to suggest new deals and exclusive rewards you might like.

If you’d like to view your account activity, please you can visit your Buxbo account.

Buxbo will only use and disclose your activity in accordance with these Terms (including our Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Buxbo); (b) was lawfully known to Buxbo before receiving it from you; (c) is received by Buxbo from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Buxbo without reference to your Content (e) is content that falls into the aforementioned sections 2.1 & 2.2. Buxbo may disclose your Content when required by law or legal process, but only after Buxbo, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.

 

We may also display personalized ads on the app based on your interests. For instance,, if you search for “Coca-Cola,” you may see an ad for Coke products when you’re browsing the Buxbo app.

  • We don’t show you personalized ads based on sensitive categories, such as race, religion, sexual orientation, or health.
  • We don’t share information that personally identifies you with advertisers, such as your name or email, unless you ask us to. For example, if you see an ad for a nearby cinema and select the “tap to call” button, we’ll connect your call and may share your phone number with that cinema.

 

  1. User Rewards
  2. Third-party products and services (each an "Offer") are available for your use in the buxbo app. When you redeem an Offer through buxbo, rewards will be placed into your buxbo account ("Rewards"). Any Offer may be subject to Additional Terms or discontinued by buxbo at any time. buxbo may determine your eligibility to redeem an Offer, determine whether or not you have earned Rewards or adjust your Rewards total. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards total except as made available by buxbo.
  3. Once you have accumulated the required Rewards in your buxbo account (as posted, and subject to change), you may choose to have buxbo distribute your Rewards via the available distribution options shown in the app. The available distribution options are subject to change without notice to you. You have no to any particular method of distribution. For each distribution option, buxbo displays within the buxbo mobile app the minimum distribution amount (subject to change) at any given time. limit the amount of Rewards that you can distribute in any given period of time. Closing your buxbo account when you have undistributed Rewards that meet or exceed the minimum Rewards threshold, may mean that you will be expected to distribute such Rewards prior to closing your account, even if this means you must distribute your Rewards in the payout option with the lowest minimum distribution amount. If your account is terminated by buxbo, you must distribute your Rewards when closing your account, or any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.
  4. Squad Competition and Cash Rewards. Squads are a group of up to 50 family and friends that you have invited to through the buxbo app. Each month, Squads compete against each other to save the most money through the use of the coupons in the buxbo app, and can earn cash rewards with top placement on the Squads Leaderboard. The Squad Leaderboard may have 1-4 Tiers based on total set of Squads savings. Top placement is achieved by the cumulative savings of Squad members for the month. Savings of each Squad member is calculated from an estimated savings amount for the offer redeemed at the merchant. Estimated savings amount is not exact and is subject to change at any time for any reason without prior notice. In some instances, the discount you receive on your final bill at the merchant may be more or less than the estimated savings amount. Estimated savings amount is an average discount amount and will vary by menu item selection, number of guests and total spend at the merchant. The savings used for Squad savings is communicated at the time of offer redemption and present on the Squad Leaderboard and Squad activity. Redemptions are verified based on device and merchant location at the time of redemption and may be classified as invalid and not added to Squad savings if it fails verification process. Squad Leaderboard savings placement is reset every month.
  5. Third-Party Payment Providers. Distribution options are provided by licensed money transmitters (e.g., PayPal, Inc.) and are subject to additional terms and conditions associated with your account with such money transmitter (the “Payment Provider Terms”). When you elect to distribute Rewards through a money transmitter, you further agree (i) that buxbo is acting as your agent with respect to the payment processing and (ii) that you are bound by the applicable Payment Provider Terms, as the same may be modified by the money transmitter from time to time.
  6. Referral Bonuses. Special bonuses will be offered occasionally for referring others to buxbo. Inviting other users who share the same mobile device or creating multiple user accounts which really belong to the same person to earn Referral Bonuses will render the user ineligible for the bonus. Such actions violate these Terms of Use and shall be grounds for buxbo to terminate a User's account, rescind any Referral Bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where a user cannot produce examples of how referrals have taken place, buxbo reserves the right to decline to award Referral Bonuses, rescind bonuses, demand repayment of Rewards credited, or take other remedial
  7. Affiliate Merchant Offers. If an Offer requires you to click a shopping link within the Service to be directed to an affiliated merchant’s mobile app (which may also require you to download such mobile app) or website (each an “Affiliate Merchant”), and complete a purchase to earn a Reward on your net purchase amount. Net purchase amounts generally exclude taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended
  8. Some Affiliate Merchant products may be excluded from the Offers. A list of exclusions is included in the Additional Terms associated with each Offer and is subject to change without notice. To earn Rewards, you must complete your purchase during the same shopping session you start after clicking on the shopping link. If you visit other mobile apps or websites before completing your purchase, your purchase might be associated with a service other than buxbo Service and you might not earn a Reward on your
  9. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Rewards.
  10. Rewards are provided solely by buxbo and not underwritten, sponsored, or provided by any other third- party, including buxbo brand and merchant partners. By accepting these Terms of Use you agree to not to seek Rewards or make any claims for Rewards against third-party providers, merchants or manufacturers of products and services. You agree that buxbo may transfer and/or assign its rights and obligations under these Terms of Use at any time.

 

 

OFFER RULES OF USE

READ EACH OFFER CAREFULLY for any conditions, restrictions and exclusions. When an offer has additional stated conditions, those conditions supersede the Rules of Use.

  • Present your coupon to a participating merchant at the time you request your bill.
  • Discounts exclude tax, tip and/or alcohol unless expressly stated otherwise and allowed by law.
  • Offers expire as indicated on the coupon.
  • Offers are not valid with other discounts and are nontransferable.
  • Special discounts for car rentals, airfare and select hotels are available by using codes printed on offers and/or by identifying yourself as an Entertainment® member when making reservations in-person or by telephone (if applicable).
  • One coupon may be used for every two people. Up to three coupons may be used per party unless the offer states otherwise.
  • Some offers state that they allow 1–4 people; others up to 8. When an offer is for a specific percentage off the total dining bill, one bill per table will be totaled and only one coupon per table is allowed.
  • Offers are subject to the maximum dollar value stated. The least expensive item(s), up to the maximum value stated, will be deducted from your bill, or you will receive a percentage off the designated item(s), up to the maximum value stated.
  • When dining, tipping for satisfactory service should be 15–20% of the total bill before the discount amount is subtracted.
  • For restaurants offering a complimentary “menu item” when a second is purchased, a “menu item” is a main course or entrée item.
  • Dining offers are not valid on children’s menu items, discount-priced daily specials, senior citizen rates, early bird specials, carryout/takeout, and buffets, unless otherwise noted.
  • Major holidays are excluded: New Year’s Eve/Day, Valentine’s Day, St. Patrick’s Day, Easter, Mother’s Day, Father’s Day, Thanksgiving and Christmas Eve/Day. Additionally, for Canada: Victoria Day, Canada Day, Labour Day and Boxing Day. Please check with the merchant regarding other regional or local holidays that might be excluded.
  • Coupons are not gift cards.
  • MARKET SPECIFIC RULES San Diego: Limitations of liability stated above may not apply in the city of San Diego. See San Diego Municipal Code 33.2713. WI/TN: Redemption may be subject to certain conditions and limitations, which must be stated on the coupon. You are entitled to inspect the coupon before purchase.
  • Refer to the Rules of Use section at www.entertainment.com/rulesofuse for more detailed examples and additional clarification. Present your coupon to a participating merchant at the time you request your bill.

 

 

 

For Business Clients

 

STANDARD TERMS AND CONDITIONS FOR SERVICE

Thank you for using buxbo’s product and services (“Services”). These Terms of Use contain the terms under which buxbo provides their Services to you and describe how the Services may be accessed and used.

 

These Standard Terms and Conditions are incorporated into, and constitute, a material part of the Service Agreement (the “Agreement”) between buxbo, their parent corporation SurveyMe, Inc. (“buxbo”,“SurveyMe”, “we” or “us”) and the customer identified on the signature page of the Agreement (the “Customer”). Buxbo and Customer hereby agree as follows:

 

Site Terms. The buxbo Terms of Service (“Site Terms”) apply to Company’s access and use of the buxbo website, including www.buxbo.app (the “buxbo Site”).  In case of any discrepancy between this Agreement and the Site Terms, this Agreement shall prevail.

 

  1. Privacy Policy.

 

Privacy. In the course of using the Services, personal data and the personal data of others may be submitted to buxbo or third parties may submit content to you through the Services. Please refer to our Privacy Policy to see how buxbo collects, uses and discloses personally identifiable information from its users.

 

Confidentiality. buxbo will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by buxbo); (b) was lawfully known to buxbo before receiving it from you; (c) is received by buxbo from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by buxbo without reference to your Content. buxbo may disclose your Content when required by law or legal process, but only after buxbo, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.   

 

Security. buxbo will store and process your content (“Content”) in a manner consistent with industry security standards. buxbo has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

 

Your Content.    

 

You Retain Ownership of Your Content. You retain ownership of all of your intellectual property right in your Content. buxbo does not claim ownership over any of your Content. These Terms do not grant buxbo any licenses or rights to your Content except for the limited rights needed for us to provide the services (“Services”), and as otherwise described in these Terms.

 

Customer Lists. buxbo may identify you (by name and logo) as a buxbo customer on buxbo’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

 

buxbo IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as premised by buxbo’s Brand and Trademark Use Policy, these Terms do not grant you any right to use buxbo’s trademarks or other brand elements. The Service is the valuable property of buxbo and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all rights, title and interest in and to the Service, including all copyright and other intellectual property rights in the Service.

 

  1. Terms of Sale.

 

Membership. During the Term, Customer will pay to buxbo the Fees, compensation and other amounts for access to the Service (“Fee”) as set forth on the Statement of Work, Order Form, SurveyMe Site, through the Service or as negotiated between Customer and us. All Membership Costs under this Agreement are denominated in United States Dollars (unless otherwise stated on the Order Form), exclusive of applicable taxes, customs, duties, fees or other charges assessed or imposed by any governmental authority other than taxes imposed on or measured by SurveyMe’s net income. Any amount not paid when due will be subject to finance charges equal to one and one-half percent (1.5%) per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid. Customer will be liable for all costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by buxbo in connection with any action, suit or other proceeding or any appeal thereof to collect amounts owed under this Agreement. Customer will pay or reimburse buxbo for all such taxes and charges imposed on any party with respect to any Services or measured by any amount payable to buxbo under this Agreement upon demand or provide certificates or other evidence of exemption. Buxbo may modify the Membership Costs at any time upon notice to Customer, which notice shall be communicated either through a posting on the buxbo Site, through the Service or via e-mail.

 

Trademarks. During the Term, Customer hereby grants to buxbo and its affiliates a nonexclusive, nontransferable, nonsublicensable, right to (a) use the Customer’s trademarks, service marks, tradenames, logos and other identifiers (“Marks”) on the buxbo website, (b) identify Customer as a customer of buxbo and recipient and user of the Service in marketing and advertising materials in any form or media, and (c) as otherwise permitted by Customer. Except as provided in the preceding sentence, Customer reserves all rights, title and interest (including, without limitation, any intellectual property rights) that Customer may have in the Marks and associated goodwill. All goodwill arising out of buxbo's use of the Marks will inure to the sole benefit of Customer.

 

Disclaimers. CUSTOMER ACKNOWLEDGES THE SERVICE MAY OCCASIONALLY CONTAIN BUGS, ERRORS AND DEFECTS. ACCORDINGLY, THE SERVICE IS PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. buxbo DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICE AND ITS PERFORMANCE OR SUITABILITY FOR CUSTOMER’S INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. buxbo SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE ANY SERVICE THAT THE SERVICE IS INTENDED TO ACCESS, OR FOR ANY LOSS OF DATA.

 

  1.  

Customer agrees to defend, indemnify and hold harmless buxbo, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents (“buxbo Parties”), from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to Customer’s use of, or inability to use, the Service.

 

  1. Limitation of Liability.

THE BUXBO PARTIES SHALL HAVE NO, AND CUSTOMER RELEASES THE BUXBO PARTIES FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING FROM CUSTOMER’S USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF A BUXBO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BUXBO PARTIES WITH RESPECT TO THE SERVICE, OR ANY USE OR INABILITY TO USE THE SERVICE EXCEED TEN DOLLARS ($10.00).

 

  1. Arbitration; Governing Law.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES CUSTOMER TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM US.

Customer and buxbo agree to arbitrate any dispute arising from this Agreement and Customer’s use of the Service, except that Customer and buxbo are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS CUSTOMER FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

 

Customer and buxbo each agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to buxbo will be sent to buxbo, Inc., Attn: Lee Evans, 1601 Dove Street, STE 190, Newport Beach, CA 92660. Customer and buxbo further agree:  to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Orange County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules; and that the state or federal courts in Orange County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures the arbitrator has the authority to grant any remedy that would otherwise be available in court.

 

  1. Termination.

This Agreement may be terminated immediately upon written notice if the other Party materially breaches any material provision of this Agreement and the breaching party does not cure the material breach within thirty (30) days after the date of the non-breaching party’s written notice form of the material breach. Customer’s failure to pay any Membership Costs when due will constitute a material breach but will not be subject to the notice and cure periods described above. Either party may also terminate this Agreement at any time on notice (notice posted to the buxbo Site is sufficient for buxbo’s notice) in the event buxbo ceases doing business.  In the event of the termination of this Agreement for any reason: (a) the license granted to Customer in this Agreement will terminate; (b) Customer and each Authorized User must immediately cease all use of the Service and delete Customer’s Service Account; and the license granted to buxbo in will survive any such termination.

 

  1. General.

Governing Law. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, Customer and buxbo will not commence against the other a class action, class arbitration or other representative action or proceeding. (b) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect. (c) Assignment. Customer may not assign this Agreement or any of its rights under this Agreement without the prior written consent of buxbo, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by Customer, us, and each of Customer’s and our respective successors and assigns. (d) Entire Agreement. This Agreement sets forth our entire agreement with respect to Customer’s evaluation and use of the Service.

 

  1. Non-exclusive Non-assignable License

buxbo gives you a personal non-assignable and non-exclusive license to use the software provided to you by buxbo as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by buxbo, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

 

  1. Modification/Termination of Our Services

 

To update and improve our Services, we may add or remove functionalities or features, or stop a Service altogether. buxbo may also stop providing Services to you, or add or create new limits to our Services at any time.

 

About these Terms

These terms control the relationship between buxbo and you. They do not create any third party beneficiary rights.

 

If it turns out that a particular term is not enforceable, this will not affect any other terms.

If you are not eligible, or do not agree to all of the Terms, then please do not use the Service.