A. PRELIMINARY LEGAL TERMS.
Age. You must be at least 18 years of age to enter into a contract with BonusDrive. Persons under the age of 13 years are never permitted to use the Site.
C. OUR SERVICE; YOUR ACCOUNT.
Our Service. Using our Service requires you to submit certain information through the Site. When you use the Service to complete a rebate application through the Site, the rebate application will be processed by BonusDrive and/or our service partners and you will be notified of the completed rebate process. Automotive rebate approval processing is contingent on participating automobile manufacturers (“OEMs”) providing validation of your purchase or lease. BonusDrive has no responsibility for the accuracy or timeliness of these processes and their outcome. BonusDrive will process valid applications for rebate fulfillment based on approval from participating OEMs.
Creation of Your Account; Processing.
You will need to create an account or application and provide information (the “Content”) in order to access certain features of the Site and to use the Service. You agree that you will (i) be the only person providing Content and engaging in transactions through your Account, (ii) keep any password secure you may enter, and (iii) notify BonusDrive of any suspected breach of security or unauthorized use of your Account. If you wish to delete your Account, please contact BonusDrive at email@example.com. You must notify us immediately upon becoming aware of any material change in the Content you have provided through the Site.
The Content required to establish your account includes your name, address, purchase-related information, contact information, email address, age, proof of eligibility and other requested information. If information is marked as optional, you are not required to provide it. All content you provide BonusDrive must be accurate and complete. Content that is incorrect, incomplete, illegible, or misrepresented will render the rebate application invalid and you may become ineligible for a rebate.
Your Account is not transferable or sublicensable to third parties. You obtain no ownership rights in the Service or Content by creating the Account. Instead, you are given a license to use our Site according to the terms of this Agreement and our other policies.
BonusDrive reserves the right to review and approve all offers and modify or withdraw any promotions extended through the Site or the Service at any time for any reason.
Compensation, including rebates offered by third parties through the Site, will be issued in U.S. dollars and, unless otherwise specified, only in the form of a check delivered to a valid street address provided when you create the Account. Payment issued by us or third parties through your use of the Site will be valid for six months from the date of issuance.
Suspension of Account and Service. Use of the Service is a privilege and not a right. BonusDrive may suspend or deactivate your Account or limit or disable access to our Service, as set forth in Section 7.
Content & Your Use.
You are solely responsible for the Content and your use of the Service and Site through your Account. With respect to the Content, you represent and warrant:
The Content is your data and you are not using information from others in conjunction with the Site and Service.
Your Content does not contain personally identifiable information about a child under the age of 13 years.
It does not disseminate another person's personal information without his or her permission.
It does not result from unlawful activities.
It does not disclose confidential information of a third party.
If you take any of the above actions or breach any of the above restrictions in contravention of the representations and covenants you made, we can terminate or suspend your use of the Site and Service in our sole discretion. Further, fraudulent submissions through the Site or Service could result in your prosecution, as Account owner, under U.S. Mail Fraud Statute (18 U.S.C. Sections 1341–1342).
License to Use Your Content; Release.
You may terminate the license you have granted to BonusDrive by removing or deleting (or writing to BonusDrive to remove or delete) your Content. Copies of your Content may remain on [Server Provider] servers until such time as the Content is overwritten or otherwise deleted.
The contributors of content, including you and your Content, retain ownership of their intellectual property rights of such content. Further, BonusDrive retains ownership of its trademarks, copyrights and other intellectual property, as do BonusDrive Clients and users. Nothing in this Agreement transfers ownership of such rights.
D. CONDUCT AND ACTIVITY AT THE SITE.
BonusDrive Intellectual Property. BonusDrive and/or its licensors retain ownership of all intellectual property rights relating to BonusDrive, the Site, and the Service, including software, text, images, graphics, logos, user interface, videos, and other information displayed through the Site or Service. You are authorized to use BonusDrive materials only as expressly authorized at the point of interacting with such materials.
Integrity of the Site. You agree not to take any action to harm BonusDrive, interfere with operation of the Site, access its underlying technology, copy its underlying technology, or copy Content. You agree not to use any automated system (including, but not limited to, crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising purposes, or to send unsolicited communications. In your use of the Site, including the input or access of Content, you agree to comply with all applicable laws.
Third Parties. The Site may contain links to third party websites that are not owned or controlled by BonusDrive. BonusDrive does not control the content, privacy policies, or practices of any third party websites or applications, so you agree to review the terms of service, including privacy policies, of such third-parties. BonusDrive is not responsible for your use or misuse of any third party applications or websites.
E. NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION.
NO WARRANTY. THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability for Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BONUSDRIVE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY AT THE SITE, INTERACTION WITH THE SERVICE, ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT BONUSDRIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As used in this section, “BonusDrive” includes BonusDrive, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and Clients.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF BONUSDRIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You acknowledge that your Account with BonusDrive and your use of the Site and Service is based upon the truth of the promises, statements, and representations made by you in this Agreement. By signing this Agreement and using the Site, you indemnify, hold harmless, and agree to defend BonusDrive against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against BonusDrive in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the promises, statements, representations, and warranties. This obligation extends to BonusDrive, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and Clients. This obligation survives termination of this Agreement.
In addition to the obligation of indemnification, above, you agree to use your best efforts to assist BonusDrive in the investigation and resolution of any third party claim or assertion inconsistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from BonusDrive of such claim or assertion and at no charge.
Termination of Service; Termination of Agreement.
In the exercise of its discretion, BonusDrive may suspend or terminate the Account, remove or limit access to Content, or limit Service to which an account holder has access. BonusDrive may take such actions with or without prior notice to you and without liability to you.
In the exercise of your discretion, you may terminate your Account, cease using the Service or the Site or delete Account information. You may take such actions with or without prior notice to BonusDrive and without any liability for such cancellation to BonusDrive. If you notify BonusDrive of your termination of your Account BonusDrive shall take reasonable steps to block access to and delete your Content. This is your sole remedy in the event you are dissatisfied with BonusDrive or the Service.
The terms of Sections 5 through 14 shall survive termination of this Agreement or any Service.
F. GENERAL LEGAL TERMS.
THE REBATE FOR ANY PURCHASE OR LEASE USING ANY HYUNDAI CIRCLE PROGRAM SHALL BE $100.
The Site and Service are Located in and Delivered from Michigan. This Agreement is executed (signed) and performed in Southfield, Michigan. You acknowledge that the Site is made available from and is based in, and the Service is provided from, Southfield, Michigan, USA. The Site shall be deemed a passive website that does not give rise to personal jurisdiction over BonusDrive, either specific or general, in jurisdictions other than Michigan. You agree that this Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. You further agree that any claim or dispute between you and BonusDrive that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Oakland, Michigan.
No Implied Waiver. No waiver by BonusDrive shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of BonusDrive.
Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
International Considerations. BonusDrive makes no representations that the Site or Service is appropriate or available for use in locations other than the United States. Those who access or use the Site or use the Service from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
Assignment. BonusDrive may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You may not assign or transfer your Account.
Entire Agreement. This Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and BonusDrive relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of BonusDrive, 26200 American Drive, Southfield, Michigan 48034. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.