Important Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the and Bitovation Corp 'Ovato Cash Rewards' program (the "Program") or using any BITOVATION CORP. or Bitovation Rewards (Bitovation) software ("Software"). This Agreement explains the Terms and Conditions governing membership in the Program ("Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program ("Member"), or by utilizing Software, you agree to be bound by the Program. Enrollment is defined as providing Bitovation Rewards with your valid email address and a password in which to access your account. Utilizing BITOVATION CORP. Software does not confer the status of "Member" until the Software user completes the enrollment process. Participation in the Program and its benefits are offered at the discretion of Bitovation Rewards, and Bitovation Rewards has the right to change the Terms and Conditions, in whole or in part, at any time with or without notice.
Disclosure of Account Information
You authorize Bitovation to disclose to third parties information you have provided, or information that Bitovation has obtained about your Bitovation account or shopping behavior: (i) to agents and licensors of Bitovation 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 store partner, or (iv) where it is necessary for redemption or transfer of your Ovato Credit rewards. Further, you authorize Bitovation Corp and Bitovation Rewards to receive any account information from any Affiliated Store including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Store harmless for any information disclosed to Bitovation. You allow Bitovation to collect and use personalized marketing information regarding visits and related to purchases made from internet commerce sites. By signing up for membership at Bitovation, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are mailing you a check on a certain date) as well as periodic shopping-related emails that highlight coupons and special deals that are available to Bitovation members. You can opt-out of receiving emails that are not account-related by either (i) visiting our website, or (ii) 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 cannot unsubscribe from account information emails, but you can close down your account by contacting customer service.
You must be an individual, 18 years of age or older.
Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Bitovation.
You may maintain only one account. Any duplicate accounts will be subject to cancellation.
You must have internet access and a valid email address to be eligible to receive the privileges and benefits of membership. Bitovation is not responsible for your inability to connect to the internet, log into the Bitovation web site, or access your Bitovation account.
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 Bitovation canceling your membership.
Accrual of Ovato Credit
Members will be credited, subject to the Terms and Conditions enumerated in this Agreement, a percentage of the net purchases they make at the stores affiliated with and accessed via Bitovation ("Affiliated Stores"). The specific Ovato Credit payment associated with each Affiliated Store will be posted on shop.bitovation.com. The net purchase is defined as the total amount paid to the store minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Store defines on their respective Web site. All Affiliated Store membership and/or operating agreements as they relate to their affiliate or partner programs with Bitovation and which reside on the Affiliated Store's respective Web sites are hereby incorporated into this Agreement by reference. As a Member, purchases made through Bitovation Affiliated Stores will be deemed "Qualified Purchases" and will earn Ovato Credit if and only if all of the following criteria are satisfied: "Cookies", both first and third party (if applicable), must be enabled on your Web browser. All potential Qualified Purchases must begin by clicking on a Bitovation link to the Affiliated Store. The Bitovation link to an Affiliated Store must not be altered. All purchases must be started and completed in one shopping session after the member clicks through to an Affiliated Store via a Bitovation link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. Purchases using coupons provided by any party other than Bitovation may not qualify as a "Qualified Purchase."
The determination of whether or not a purchase made through a Bitovation Affiliated Store is a "Qualified Purchase" is at the sole discretion of Bitovation. All Ovato Credit rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Bitovation 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. Bitovation 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.
If an Affiliated Store fails to report a transaction to Bitovation, or withholds payment to Bitovation for any reason, Bitovation reserves the right to cancel the Ovato Credit reward associated with that transaction. Ovato Credit 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 Bitovation at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
You may be taxed on your accrual of Ovato Credit rewards, depending on the amount of Ovato Credit rewards you accrue and the tax laws of federal, state, and local jurisdictions. Bitovation may choose to provide you with those notices on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of Ovato Credit rewards.
Some purchases may not be eligible for Ovato Credit rewards. We do our best to maintain an up-to-date list on our website. Please note that affiliated stores regularly change policies and if an affiliated store fails to report a transaction to Bitovation, or withholds payment to Bitovation for any reason, Bitovation reserves the right to cancel the Ovato Credit reward associated with that transaction.
It is your responsibility to check your account regularly to ensure that Ovato Credit rewards have been properly credited and that your account balance is accurate. If you do not believe that an Ovato Credit reward has been correctly credited to your account, you must contact Bitovation Customer Service within 60 days of the transaction.
Bitovation is not responsible for changes to, or discontinuance of, any Affiliated Store, or for any Affiliated Store withdrawal from the Program, or for any effect on accrual of Ovato Credit rewards caused by such changes, discontinuance, or withdrawal. Bitovation is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Store 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 Bitovation site, we cannot guarantee that you will be eligible to receive Bitovation Ovato Credit reward on your purchases.
Ovato Credit accrues to member accounts a minimum of 90 days after purchase. Bitovation also pays its members their accrued Ovato Credit monthly. Members must have accrued at least 15 credits to receive a payment. Account balances below 15 credits will be carried over to the following payment period.
Please note that orders from certain merchants cannot be paid according to the typical schedule and must be held for additional days following purchase based on the Affiliated Store return and payment policy. We do our best to maintain a list of stores whose payment policies delay our ability to pay members Ovato Credit on our website. Bitovation reserves the right to delay payment based on changes to store policies and procedures at any time. It is your responsibility to keep your account information current in order to facilitate the payment of your Ovato Credit. In the event that your information is not current at the time of payment, you forfeit all accrued Ovato Credit to Bitovation. Bitovation is not responsible for any misapplied payments or payments sent to the wrong address if these errors were caused by inaccurate email or contact information provided by you. We are also not liable for errors made by payment partners like PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
Account Access and Password
Upon registration for the Program, you will select a password that will allow you to access your Bitovation account (via the Bitovation website) to verify transfers, check account balances, and modify your account information.
You must be logged into Bitovation 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 on the Bitovation website.
Bitovation is entitled to act on instructions received under your password. You are responsible for keeping your email address, password, account numbers, and other account information confidential and secure. Bitovation is not responsible for any credits or debits made to your account by someone else who uses your password.
Installation and Usage of Bitovation Software
In installing and/or using Bitovation Software, you agree to the following:
License. Bitovation grants you a non-exclusive license to install and use its Software solely for personal use and only for the purpose of accessing the Program. Bitovation and its Software licensors/suppliers reserve the right to add additional features or functions to the Software at any time, without asking your approval. Bitovation may require the update of Software on your computer when new versions of the Software are released, or new features are available. Updates may occur automatically when you use the Program. Changes to this End User License Agreement may be made by Bitovation and will be posted on the Company website. Your continued use of Bitovation Software will constitute consent to the revised terms. Bitovation is under no obligation to support the Software and may at any time suspend or terminate this license and the Software.
Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software for any reason. You may not modify the Software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the Software is licensed not sold, the Software and all rights not expressly granted herein are reserved to Bitovation and its licensors/suppliers.
THE BITOVATION PROGRAM AND SOFTWARE ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITOVATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF STORES, ABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BITOVATION 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 STORES OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, BITOVATION DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS. IN ADDITION, BITOVATION DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF ITS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BITOVATION 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 OVATO CREDIT REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED STORE.
Limitation of Liability
IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH BITOVATION HAS A RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A STORE RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF BITOVATION OBLIGATIONS. YOU AGREE NOT TO SUE ANY PARTICIPANT FOR NON-PERFORMANCE BY BITOVATION. IN NO EVENT SHALL BITOVATION 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 BITOVATION IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF STORES OR SUPPLIERS, EVEN IF BITOVATION, 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 BITOVATION, 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
Bitovation reserves the right to terminate the Program at any time with notice. Notification of Program termination will be sent to the email address you provide to Bitovation during the registration process. Bitovation will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Bitovation, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Bitovation of a change in your email address.
Bitovation 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 Terms and Conditions page of the Bitovation website 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
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 Ovato Credit rewards, or any misrepresentation of any information furnished to Bitovation 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 Bitovation account and/or forfeiture of your accrued Ovato Credit rewards. Bitovation also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked usage of the Bitovation Program, website or Software. Any deactivated account loses accrued funds and Program access.
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Ovato Credit rewards for accrual or redemption, must be submitted in writing within sixty (60) days of the qualifying transaction, to Bitovation at: Customer Service, Bitovation, Corp., 25 Taylor, San Francisco, CA 94102, or contact Customer Service. Any such disputes shall be resolved by Bitovation at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Bitovation. In the event that an error is made by Bitovation, your sole remedy shall be the credit of the disputed Ovato Credit reward to your Bitovation account.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. As a condition of the use of the Bitovation website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the New York State Supreme Court, County of Suffolk, New York and therefore agree to file and maintain any grievance or suit of any kind exclusively in the New York State Supreme Court, County of Suffolk, New York. 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. Bitovation' 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 Bitovation and the Affiliated Stores or between Bitovation and any other of its Participants. Neither the Affiliated Stores nor any Participant shall have the ability to create any obligation on Bitovation' behalf. This Agreement constitutes the entire agreement between you and Bitovation with respect to the Program.