User
Agreement for jcwyatt.com affiliate network program.
Excellent! You decided to see what this User Agreement was all about before agreeing to
its terms. Our lawyers made us include it, but we think you'll agree it's here for a good
reason: to lay out the rules of the road for using the www.flooz.com
site and service.
- Flooz & Its Merchants. Flooz provides online gift currency that can be sent
by e-mail, and spent at any participating merchant's online store. Flooz reserves the
right to add, delete, or change the lineup of participating merchants that accept FLOOZ
gift currency, at any time, with or without notice. All purchases of products and services
are made directly from our merchants and not from Flooz. So, by using the site, you agree
that our merchants will be responsible or liable for any problems that may arise with
their products and services (including the way they advertise them), and that Flooz will
not be held responsible or liable for those problems.
- Flooz Accounts. If you're a sender or a spender of FLOOZ, you'll be assigned a
FLOOZ account number, and will be asked to create a password in connection with your
account. Your account number and password must be kept secret! If your account number or
password is used without your permission, please notify Flooz as soon as you can by
calling our Customer Care center at 1-877-463-5669. Flooz Accounts are not combinable.
Sometimes Flooz also offers special promotions offering "free" or
"promotional" FLOOZ to be deposited in your account, and if you accept those
offers, you agree to abide by the rules for such promotions.
- Nature & Expiration of FLOOZ. FLOOZ can only be used to purchase products and
services from our participating merchants. It can't be converted to or redeemed for cash,
and can't be used to pay down credit card debt with any of our merchants' credit cards or
third party credit cards. If there's been no activity in your Flooz Account for a
continuous period of 12 months (no FLOOZ has been spent, sent, or added to your Flooz
Account within that time period), your Flooz Account will expire and you forfeit to Flooz
all remaining FLOOZ within it. Flooz will try to let you know before your Flooz Account
expires due to inactivity, but we're not obligated to do so.
- Security. Flooz uses lots of high-tech security measures to protect your credit
card and other information (see our Privacy
Policy for details). But because the Internet is a public network, Flooz can't
guarantee that anything transmitted over it is secure, or that a third party will not be
able to access or intercept payment information or other communications. In addition,
Flooz will not be liable for any loss resulting from a cause over which it does not have
direct control (i.e., what our lawyers call "force majeure").
- Fraud. Credit card fraud is illegal! Flooz may take all measures needed to detect
and prevent it, including viewing, monitoring, and recording your activity on the Flooz
Site, without notifying you first, and complying with all court orders involving requests
for such information. Actual or attempted credit card fraud can lead to penalties such as
forfeiting all amounts in your Flooz Account, immediate termination of your right to use
the Flooz service, and criminal and/or civil prosecution. In addition, if FLOOZ gift
dollars are spent or sent using a fraudulently obtained credit card, Flooz and its
merchants may cancel the relevant transactions, void the FLOOZ gift dollars issued, and
reclaim purchased merchandise. What can we say? Crime doesn't pay.
- Intellectual Property Rights. It took a lot of time to put the site together, so
we take our intellectual property rights seriously - and you should too. All materials in
the site and the Flooz service are protected by law, including but not limited to
copyright, trade secret, patent, and trademark law. The contents of and all materials
distributed in conjunction with this site are copyright © 1998-2000 Flooz.com, Inc.
and/or its licensors and suppliers. All rights reserved. Patent pending. You're welcome to
use the materials on the Flooz site for your personal use in spending and sending Flooz
(hey, that's what they're there for!), but not for any commercial purposes. Also, you may
not "mirror" or "frame" any material contained on this site. We
welcome your feedback, but know that if you send any suggestions, material, or comments to
us via the site (like our "Fans of Flooz" section), you grant us the right to
use them for any purpose without any further obligation or notice to you.
- Linked Sites. Flooz provides links to our participating merchants' sites (and
other sites on the world wide web) but Flooz may not have reviewed nor does it control
these sites. So, Flooz is not responsible for the content, the accuracy of the
information, or the quality of products or services provided on such linked sites.
- It's Up to You, New York, New York! Flooz is located in New York, New York, so
this Agreement is governed by the substantive law of the State of New York. It there's a
dispute involving the Agreement, you'll have to settle it with us by arbitration before a
single arbitrator administered by the AAA in New York, New York, under its Commercial
Arbitration rules. This site is controlled and operated by Flooz from its offices in New
York, New York, so if you decide to access this site from another location, you're
responsible for complying with applicable local laws, and access to the site from
territories where its contents are illegal is prohibited.
- Other Stuff. Sorry, but our lawyers made us do it: The site and the Flooz
Service are provided "AS IS," without warranty of any kind, express or implied,
including without limitation any implied warranties of merchantability or fitness for a
particular purpose. Neither Flooz nor any of suppliers will be liable for any incidental,
consequential, special, or punitive damages, even if Flooz or such parties have been
advised of the possibility of such damages. In no event shall the total liability of Flooz
or any of its suppliers arising directly or indirectly from this Agreement for any reason
whatsoever exceed the total amount of Flooz purchased by you or in your Flooz Account
(whichever is greater) during the one-month period immediately preceding the claim in
question. Flooz reserves the right to change or discontinue our currently provided
services at any time, for any reason.
- In Closing
This User Agreement is a legally binding agreement between you
and Flooz, which takes effect at the time you click the applicable "I Agree"
box. It can be terminated or changed if Flooz provides you with e-mail notice, posts the
new terms on the site, or if Flooz discontinues providing the Flooz Service. If you don't
agree to any such changes, you should terminate this Agreement and your Flooz Account by
sending a message to customercare@flooz.com,
however, you will forfeit to Flooz all FLOOZ currency then in your Flooz Account. If you
continue to use the Site or your Flooz Account after the terms of the Agreement are
changed, that means you've accepted of the revised terms of the Agreement. This Agreement
together with Flooz's Privacy Policy
are the entire agreement between you and Flooz with respect to your use of the Flooz site
and the Flooz service.
OK, that's all. Phew! You made it! Thanks again for choosing
jcwyatt.com ®.

|