FlashOnSale is a division of FlashOnSale LLC, a limited liability company (“FlashOnSale”). Through its website, www.FlashOnSale.com (the “Website”), FlashOnSale provides our members the opportunity to earn cash back on purchases made at over 3,000 participating store websites, and in addition thereto, FlashOnSale is a provider of digital coupons and discounts which may be used on participating store websites and/or for in-store purchases. Becoming a member and using FlashOnSale is free and requires only your email address to begin. FlashOnSale does not sell or rent your personal information to third parties, and all FlashOnSale emails are in full compliance with CAN-Spam Act of 2003. FlashOnSale does not require you to install software on your computer. FlashOnSale receives fees for referring our members to affiliated stores, and FlashOnSale uses a portion of those fees to pay our members cash back on their purchases.
Please read this membership agreement (“Agreement”) for complete details on our cash-back shopping program (“Program”) and the other terms and conditions for use of the Website and regarding your relationship with FlashOnSale.
Becoming a Member
By becoming a member of FlashOnSale (“Member”), or by using any of our shopping programs (“Applications”), you agree to be bound by this Agreement, in its current form or as may hereafter be modified. Becoming a Member is simple: simply provide a valid email address. Your email address will be our primary form of communication, and we’ll use it to let you know when cash or other credits have been credited to you. Members must be 18 years of age or older, and Members agree not to use the Program for any criminal or fraudulent action. Membership in the Program and the opportunity to be paid cash back are presented at the sole discretion of FlashOnSale, and FlashOnSale, at its sole discretion, has the right to change this Agreement in whole or in part, at any time, with or without notice, and to modify, add or discontinue any aspect, content or feature of the Website, the Program, of any Application or of our services. Your continued use or accessing of the Website, the Program, any Application or of our services following the posting of any changes to this Agreement constitutes your acceptance of such changes.
If you do not agree to the terms of this Agreement or to any modifications to this Agreement, please do not use the Program, this Website, any Application or any of our services.
Receiving Communications from FlashOnSale
By signing up for membership at FlashOnSale, you agree to receive communications that are account or membership related (e.g., that we’ve added money to your account, that we are mailing you a check on a certain date, etc.), as well as periodic shopping-related emails that highlight coupons and special deals that are available to FlashOnSale Members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and unchecking the receive email box, 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 rest assured that we don’t send account emails unnecessarily. If you do not wish ever to hear from FlashOnSale, even if just to hear that we awarded you Cash Back, you can close your account by contacting FlashOnSale’ customer service department. Please note that, should you elect to close your account, you will forfeit your right to receive any Cash Back or other bonuses or awards which have not yet been credited to your account, or for which you have not yet requested payment or for which you have not yet fully satisfied the requirements.
Protecting Your Information
Using FlashOnSale Applications
FlashOnSale does not install or require you to install any software to access the Cash Back Shopping Program. Members can earn Cash Back on their purchases only by using the Website or any Applications that may be developed by FlashOnSale for such purpose. FlashOnSale plans to make available a limited number of Applications to assist Members in earning Cash Back without visiting the Website (for example, from mobile devices or in-store). FlashOnSale hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Website and any Applications as provided by FlashOnSale solely for your personal use and enjoyment in the manner permitted by this Agreement or by any terms or agreement governing the use of any Application. If you use Applications, you agree to use them only for your personal use and for accessing the Program. FlashOnSale reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of FlashOnSale Applications for any reason. You may not rent, sell, or sublicense FlashOnSale’ Applications without FlashOnSale’ prior written consent.
You agree that you shall not, under any circumstances, use the Website, the Program, the Applications or any other FlashOnSale resources to solicit other users of the Website, the Program, or the Applications, or any Affiliate Stores or other business partners of FlashOnSale, to discontinue their use of any of the services of FlashOnSale or to become users or partners of other online or offline services that are or may be directly or indirectly competitive or potentially competitive with FlashOnSale, including without limitation, aggregating current or previously offered coupons or deals.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Website, the Application or our services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
FlashOnSale Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has 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. By using Applications, 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, and that you will otherwise comply with all applicable export control laws. All rights to FlashOnSale’ Applications are reserved by FlashOnSale under the copyright laws of the United States.
Inactive Member Accounts and Termination of Membership
Membership in the FlashOnSale program is free: there is no charge to be a Member or to earn and receive Cash Back. Subject to applicable laws, if your account is inactive for more than twelve (12) consecutive months, FlashOnSale reserves the right to debit your FlashOnSale account balance two dollars ($2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via the Website or FlashOnSale’ Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, FlashOnSale may close the account permanently and cease to maintain your account records and your access to the Website, the Program and any Applications. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to FlashOnSale.
Program Limitations, Qualifications and Disclaimers
Membership in the Program is subject to this Agreement and is subject to all Affiliate Store membership and/or operating agreements as they relate to their affiliate or partner programs with FlashOnSale and which reside on the Affiliate Stores’ respective websites; all such Affiliate Store membership and/or operating agreements (as the same may hereafter be modified, amended, revised or replaced, including for any Affiliate Store which becomes an Affiliate Store after the effective date of this Agreement) are hereby incorporated into this Agreement by reference.
Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from FlashOnSale. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.
Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back rewards, or any misrepresentation of any information furnished to FlashOnSale or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards, if any.
The determination of whether or not a purchase made through a FlashOnSale Affiliate Store qualifies for Cash Back is at the sole discretion of FlashOnSale. If an Affiliate Store fails to report a transaction to FlashOnSale or withholds payment to FlashOnSale for any reason, FlashOnSale reserves the right to cancel the Cash Back associated with that transaction. If FlashOnSale has any reason to suspect fraudulent activity is associated with your account, FlashOnSale reserves the right to delay or withhold payment of Cash Back, and where FlashOnSale has determined that any fraudulent activity has occurred regarding your account, such a determination may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards. You give FlashOnSale permission to review your account with Affiliate Stores in cases where FlashOnSale suspects fraudulent activity. FlashOnSale is not responsible for lost or stolen payments, including gift cards. FlashOnSale is not responsible for payments delivered to the wrong address through no fault of FlashOnSale or for payment errors made by payment partners like PayPal.
It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that Cash Back has been correctly credited to your account, you must contact FlashOnSale Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
Except as set forth in this Agreement, Cash Back and other rewards have no cash value. Neither Cash Back nor any other rewards or rights available to any Member under this Agreement may be assigned to any other party or combined with those of any other Member or account.
Based on where you live and the federal, state, and local tax laws that may apply to you, you may be taxed on your receipt of Cash Back and other cash and consideration (merchandise, travel, etc.) for Member referrals. FlashOnSale may, but is not obligated to, provide you with notices regarding any potential taxes that may apply. In all instances, you will be solely responsible for reporting any such receipts to the applicable taxing agencies and for paying any and all taxes arising out of any consideration received by you from FlashOnSale or otherwise as a result of your use of the Website, the Program or any Applications.
FlashOnSale is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. FlashOnSale is not responsible for changes to, limitations or restrictions on, or discontinuance of, any special offer or coupon code at an Affiliate Store site. FlashOnSale reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, FlashOnSale disclaims all representations and warranties, express or implied, with respect to the Website, the Program and Applications.
THE WEBSITE, THE APPLICATIONS AND THE PROGRAM ARE PROVIDED BY FlashOnSale ON AN “AS IS” AND “AS AVAILABLE” BASIS. FlashOnSale MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE APPLICATIONS OR ANY OTHER ASPECT OR FACET OF THE PROGRAM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE WEBSITE, THE APPLICATIONS OR THE PROGRAM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE APPLICATIONS AND THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FlashOnSale DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FlashOnSale DOES NOT WARRANT THAT THE WEBSITE, THE APPLICATIONS, THE PROGRAM, FlashOnSale’ SERVERS, OR ANY E-MAIL SENT FROM FlashOnSale ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FlashOnSale does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Website, the Program, or the Applications, or of the relative value or discount resulting from the use of any coupon or other discount code obtained from FlashOnSale, whether via the Website or any Applications, or for any Affiliate Store’s refusal to honor any such coupon or discount, and FlashOnSale is not responsible for providing any value for any offers, coupons, rebates, discounts, etc., obtained via the Website or any Applications. In addition, FlashOnSale does not warrant that access to the Website or use of any Application will be uninterrupted or error-free, and FlashOnSale assumes no responsibility for any damage caused by your access or inability to access the Website or Applications.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation, and you agree that FlashOnSale shall not have any liability whatsoever for any damage suffered by any computer or any other electronic device or equipment as a result of any failure to do so, or of any failure of any such anti-virus software and related protections to adequately protect any of your computers or other electronic devices or equipment.
IN NO EVENT SHALL FlashOnSale OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER FlashOnSale WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Member agrees to indemnify and hold FlashOnSale, its parents, subsidiaries, affiliates, members, managers, officers, directors and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of Member’s use of the Program, the Website or any Application.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflicts of law rules. As a condition of the use of the Website, Applications and any other services, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts having jurisdiction in or over Seminole County, Florida and therefore agree to file any grievance or suit of any kind exclusively in the state and federal courts having jurisdiction in or over Seminole County, Florida.
Member shall not have any right to transfer or assign all or any portion of its rights under this Agreement whatsoever to any other party without the prior written consent of FlashOnSale, which may be withheld for any reason whatsoever or for no reason. The rights and obligations of FlashOnSale under this Agreement may be assigned, in whole or in part and in the sole and absolute discretion of FlashOnSale, without the consent of any Member.
If any provision of this Agreement is determined to be invalid or unenforceable by any court or other governmental agency, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. FlashOnSale’ 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, nor shall the same serve as a limitation on the availability of any remedy available to FlashOnSale. This Agreement, as the same may hereafter be modified or amended, constitutes the entire agreement between you and FlashOnSale with respect to the Program and your use of the Website, and this Agreement supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, FlashOnSale may operate additional projects or services which require separate or additional terms, including, without limitations, any Applications. Such different terms will be made available through the individual project or service and are not addressed further herein.