End User Terms, Conditions, and License Agreement
Last updated on 2/4/15

Welcome to FreebeeCards! Please review the following terms and conditions carefully.

The following terms and conditions form a binding agreement (this “Agreement”) between you and CGCC, Inc. d/b/a FreebeeCards (referred to herein as “FreebeeCards,” “we,” “us,” or “our”). The term “you” refers to the person accessing or using the Site (defined below), Software (defined below) or our Services (defined below), or the company or organization on whose behalf that person accesses the Site, Software, or Services. By using the Site, Software, or Services, you are agreeing to these terms and conditions as well as our Privacy Policy, which is published at http://www.freebeecards.com/app/privacy.html and incorporated into this Agreement by reference (“Privacy Policy”).

This Agreement will govern your use of the Site, Software, and Services. If you do not agree to the terms and conditions as provided in this Agreement, you must immediately cease use of the Site, Software, and Services.

Information Regarding FreebeeCards

We offer online promotional campaigns on behalf of third party merchants (“Merchants”) through our website located at http://www.freebeecards.com and any other medium owned or operated by us (the “Site”). The “Software” refers to the iPhone, Android, and Windows Mobile 8 apps which you may use to access the Service, as provided by this Agreement. The “Service” includes the opportunity for you to reserve virtual promotional cards on the Site at no cost that will entitle you to a randomly assigned discount on the products and services offered by the applicable Merchant. The Service also may offer additional benefits, including virtual coupons, loyalty programs, and promotions. The Site, Software, and Services are sometimes collectively referred to herein as “FreebeeCards.”

FreebeeCards Accounts and Profile

In order to obtain access to FreebeeCards, you will need to register by creating a FreebeeCards account (“Account”) with us. An Account is required so we can:

If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique login credentials. Access to FreebeeCards is not authorized for any other person or entity using your credentials, and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access FreebeeCards has previously been terminated by FreebeeCards may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.

FreebeeCards relies on login credentials to know whether users accessing FreebeeCards are authorized to do so. If someone accesses FreebeeCards using your credentials, we will assume that access has been made by you. You are solely responsible for any and all access to FreebeeCards by persons using your credentials. Please notify us immediately if you become aware that your credentials have been compromised and are being used without authorization.

Unverified Users. We employ certain technological means to verify that users create only a single Account with us. At times, users may not be immediately verified, or verification may fail, even if you have not attempted to create multiple Accounts. In the event that your account is not verified, certain features of the Software and Service, including but not limited to virtual promotional cards, may not be available.

Conditional Use of FreebeeCards


As a condition to your use of FreebeeCards, you agree that you:



Parental Advisory. IF YOU ARE A USER that is thirteen years of age or older but you are not yet eighteen years of age or older, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT(S) OR GUARDIAN(S) TO ENSURE YOU AND YOUR PARENT(S) OR GUARDIAN(S) UNDERSTAND IT. FreebeeCards IS NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF THIRTEEN, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE FreebeeCards MAY PROVIDE ACCESS TO CONTENT THAT CONTAINS EXPLICIT MATERIAL, PARENTAL DISCRETION IS ADVISED FOR ALL USERS that are thirteen years of age or older but are not yet eighteen years of age or older.


User Conduct Rules


It is our goal to make the use of FreebeeCards a good experience for all of our users, so you agree not to:


To the extent your conduct, as determined by us in our sole discretion, violates the forgoing restrictions or inhibits any other user from using or enjoying the Site, we may terminate your Account or limit your privileges on the Site, and we may seek other available remedies.


Non-Confidentiality, Security, and Privacy


Our Privacy Policy explains how we collect and use information collected by us. You understand that certain information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by FreebeeCards. Therefore, we are not under any obligation to protect the confidentiality of such information. Other information, such as personal information provided in connection with your creation of an Account, is maintained with appropriate privacy and security protections.


We will treat any communications between you and us, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying FreebeeCards as non-confidential and non-proprietary, and you agree that we may use such information without any limitations.


Site Content


For purposes of this Agreement, “Content” means any and all information and materials contained anywhere on the Site or within the Software or provided by us or the Merchants in connection with the Services or virtual promotional cards, including information and materials you post to the Site or Service.


The Content we publish on the Site or within the Software is proprietary to us, the Merchants, and/or our affiliates. You agree not to reproduce, copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell, including through re-sale, any Content, software, information, products, or services obtained from or through the Site, Software, or Service.


While you are using the Site, Software, or Service, you will be exposed to various kinds of Content. You agree that you will not modify or obstruct Content posted by others (including advertising and promotions authorized by FreebeeCards), and you agree that you will not post or use any Content in any manner that:



Although we strive to enforce these rules with all of our users, you may be exposed to Content on FreebeeCards that violates the terms and conditions of this Agreement or is otherwise offensive or inappropriate. We are not liable for your exposure to such Content. We may, but are not obligated to, terminate Accounts and/or remove Content from the Site, Software, or Service if we determine or suspect that those Accounts or the Content violate the terms and conditions of this Agreement or the applicable agreement with the offending user(s).

Release of Liability Relating to Advertisements and Links to Third Party Websites

FreebeeCards may contain advertising and links to third party websites of companies that are not owned, operated, or controlled by FreebeeCards. Therefore, we do not assume responsibility for the content, policies, or practices of such advertising or websites. Additionally, we will not endeavor to censor or edit the content of any third party site. You expressly release us from any and all liability arising from your use of any third party website.

Virtual Coupon Campaigns (FreebeeClips)

Some Merchants offer virtual coupons through the FreebeeCards Software & Service. Not all Merchants offer virtual coupons, and those coupons may not be redeemable at all of that Merchant's locations. Virtual coupons may include additional terms & conditions, including limitations on time, geography, or any other limitation or requirement at the discretion of the offering Merchant. Virtual coupons may have a limited or unlimited number of allowable redemptions. Virtual coupons have no cash value. Virtual coupons may or may not be combined with other offers, either through FreebeeCards or otherwise, at the discretion of the Merchant.

Loyalty Programs (FreebeePoints)

Some Merchants offer loyalty programs, collectively known as “FreebeePoints,” through the FreebeeCards Software & Service. Not all Merchants offer FreebeePoints, and any rewards earned may not be redeemable at all of that Merchant's locations. Each Merchant is a member of specific FreebeePoints programs, usually a single program, and purchases made at that merchant are only eligible for those specific program(s). FreebeePoints earned at one Merchant may be shared with other participating Merchants in that program, but are not shared with and cannot be transferred to other Merchants that are not members of that specific program, even if those Merchants offer their own FreebeePoints program.

Earning Points. Merchants may choose to offer a fixed amount of FreebeePoints for each qualifying purchase and may also choose to offer an amount of points which vary based on the purchase or its dollar value. Minimum purchase amounts may apply. FreebeePoints do not expire, but any Merchant may discontinue their membership in the FreebeePoints program at any time, in which case accumulated points may be lost. FreebeePoints are earned on the pre-tax, pre-tip subtotal, excluding shipping or any other fees, of the purchase amount, which may, at the discretion of the Merchant and FreebeeCards, exclude the value of any other applied discounts, whether through FreebeeCards or any other source.

Redeeming Rewards. Merchants may choose to offer one or more rewards through the FreebeePoints program, which may have different costs in FreebeePoints; the cost of the reward is deducted from your FreebeePoints balance at the time of redemption. FreebeePoints rewards may or may not be combined with other offers, either through FreebeeCards or otherwise, at the discretion of the Merchant. Merchants may change the rewards offered, or the cost in points thereof, at any time, and may apply additional terms & conditions to the redemption of a FreebeePoints reward.

Special Discounts

Special discounts are offered to certain individuals customarily given discounts, including seniors, students, members of the military, and “local heroes” (typically emergency workers and first responders). The definition of who qualifies for these discounts varies from one Merchant to another, and not all Merchants offer these discounts. Acceptance of such a discount is at the discretion of the Merchant and may require additional verification (i.e. checking ID). Special discounts may or may not be combined with other offers, either through FreebeeCards or otherwise, at the discretion of the Merchant.

Virtual Promotional Card Campaigns (FreebeeCards)

Our online promotional campaigns offered on the Site provide consumers with opportunities to purchase products and services at a discount from Merchants. Not all Merchants offer virtual promotional cards. A virtual promotional card may be referred to as a “FreebeeCard,” which in the singular means a specific virtual promotional card, assigned to a user and having a particular value. A collection of virtual promotional cards, issued by the same Merchant and at the same time, is referred to as a “Campaign.” A FreebeeCard can be redeemed only at the issuing Merchant or at affiliated Merchants participating in that same Campaign. Campaigns have an expiration time, which is the last opportunity you have to reserve or spend a FreebeeCard belonging to that Campaign, and which is visible when viewing the details of the Campaign using our Site, Software, or Services. Merchants are obligated to honor the virtual promotional cards in compliance with applicable law.

The Program. When you reserve a virtual promotional card on the Site, you become entitled to a randomly assigned discount on the products and services offered by the Merchant you have selected, subject to the terms, restrictions, and conditions associated with the Merchant's offer. Virtual promotional cards do not have cash value. Once you have reserved your FreebeeCard, you will receive it electronically (e.g., via email or smartphone application), which you can then redeem electronically via your smartphone at the Merchant’s place of business. If the virtual promotional card is restricted in the time, place, or means of redemption, you will receive a description of these restrictions at the time you are offered the opportunity to reserve the FreebeeCard. You may be required to physically travel to the Merchant's place of business in order to reserve a FreebeeCard. You will typically have a limited time, typically from a few minutes to several hours after reservation, in which to initially redeem your FreebeeCard (“initial redemption window”), which is distinct from (shorter than) the overall Campaign expiration time. The initial redemption window will be disclosed at the time you are offered the opportunity to reserve the FreebeeCard. If you reserve a FreebeeCard but do not redeem it within the initial redemption window, you will lose access to that FreebeeCard and will not be able to reserve another FreebeeCard from that specific campaign. If a portion of the balance remains because the purchase amount was smaller than the value of the FreebeeCard, you may retain the unused balance, which will continue to occupy a reservation in your Account until spent or until the offer's expiration date.

Assignment of Virtual Promotional Cards. Unlike most online deal providers that require you to pay for a portion, typically around fifty percent, of the value of the offered voucher or coupon with your credit card, your reservation of a FreebeeCard from us is free of charge.

At the start of a FreebeeCard campaign, a pool of virtual promotional cards is created with a distribution of values specified by the Merchant. When any user reserves a virtual promotional card, they are randomly and fairly assigned a card from those remaining unassigned in the pool. If a particular card, having been reserved, remains unused after the expiration of the initial redemption time, it will be returned to the pool and may be reserved by other users. Although the likelihood of a particular denomination of card being chosen from the pool is not directly altered based on the past results of the Campaign, there are a limited number of FreebeeCards available in each denomination and this may cause the actual probabilities to shift over time. As a hypothetical example, if a Campaign offers two cards worth $1000 and 198 cards worth lesser values (for a total of 200), the initial probability of receiving a $1000 card would be 2 out of 200, or 1%. If the first customer to reserve a FreebeeCard from this Campaign got one of the $1000 cards, and assuming that card was then redeemed within the initial redemption window, the next customer's probability of receiving the remaining $1000 card would only be 1 out of 199, or slightly better than 0.5%. If on the other hand the first customer had received one of the lesser-valued cards, the probability of the second customer getting one of the two $1000 cards would slightly increase to 2 out of 199 (the first lower-value card having been removed from the pool). Although the initial distribution of values within the Campaign is visible, the specific distribution of values remaining in the pool is not disclosed.

You are only allowed to have a maximum of three virtual promotional cards reserved in your Account at any one time. In the event you have three reserved virtual promotional cards in your Account, you will be unable to reserve any additional virtual promotional cards until the full value of one of your three reserved virtual promotional cards has been redeemed, gifted to another user’s Account, or expired.

General Global Terms. Unless otherwise stated in the virtual promotional card's terms or required by applicable law, the following additional terms and conditions apply to all virtual promotional cards:

Merchant Accountability. FreebeeCards markets the Merchant campaigns and acts an as agent in providing the virtual promotional cards on behalf of the Merchants. However, the Merchants are the issuer of the virtual promotional cards. As issuer of the virtual promotional card, the Merchants are wholly responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by a consumer that are caused, in whole or in part, by a Merchant or its products or services.

Promotional Incentives. From time to time we may offer special promotions intended to provide you and other FreebeeCards users an incentive to reserve virtual promotional cards issued by participating Merchants or to encourage you to convince others to do so. The rules for any such promotions will be posted on the Site or provided via the Software, and we reserve the right to interpret such rules in our sole discretion.

Limited Availability. While the Site may be accessed from countries around the world, you understand that some or all products or services provided on the Site may not be available in certain geographic areas. The Software may be unavailable in countries where FreebeeCards does not offer service, and the Service may not be accessible in all locations or at all times. FreebeeCards reserves the right to restrict the reservation of virtual promotional cards for certain products or services to persons residing in certain geographical areas. FreebeeCards does not represent or warrant that any product or service promoted on the Site or via the Software will be available to any particular user. FreebeeCards also does not represent or warrant that you will be allowed to access or use the Site at the times or locations you desire.

Refunds. FreebeeCards does not issue any refunds because the Service and Software are provided to you free of charge. The Merchants will issue refunds, if any, as deemed appropriate by such Merchant.

Compliance with Restrictions. If an Account attempts to reserve more than the permitted number of virtual promotional cards specified for a particular campaign by using multiple or different identities, multiple Accounts, or any other method, we will void all reserved virtual promotional cards for such Account(s) and take any other action deemed necessary, including termination of all associated Account(s). We will determine whether reservation characteristics indicate a violation of these rules and enforce these rules accordingly, in our sole discretion.

Termination and Modification

We may modify or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement, including the included Privacy Policy, for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth in this Agreement. In the event this Agreement is teminated, you must immediately stop using the Site, Software, or Services. If the Service is discontinued, any virtual promotional card issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to that virtual promotional card. Any FreebeePoints loyalty rewards already awarded must be redeemed within 30 days. Additional FreebeeClips and FreebeePoints will not be awarded. If we modify the Agreement, we will provide notice to you either by displaying a message in the Software, or by sending an e-mail to the address we have on file for you. Continued use of the Site, Software, or Service after such notification indicates acceptance of the modified terms. If a Merchant joins or leaves the FreebeeCards service, including cancelling earned but unredeemed FreebeePoints or FreebeeClips which have not yet reached their expiration date, that does not constitute a modification requiring notice under this section.

Disclaimers of Warranty

The Site and Services are provided by us “as is.” FreebeeCards and the Merchants make no express warranties or guarantees about the Site, the Services, or the virtual promotional cards. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM ANY IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT FREEBEECARDS WILL MEET YOUR REQUIREMENTS OR THAT FREEBEECARDS IS ERROR-FREE, RELIABLE, OR WITHOUT INTERRUPTION. WE ALSO DO NOT GUARANTEE THAT THE USE OF FREEBEECARDS WILL BE EFFECTIVE OR YIELD YOUR DESIRED RESULTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN OUR PRIVACY POLICY. NO ORAL OR WRITTEN INFORMATION OR COUNSEL GIVEN BY A FREEBEECARDS EMPLOYEE OR AGENT SHALL CREATE A WARRANTY. Additional consumer rights may be available to you under the laws of your jurisdiction that this Agreement cannot alter.

Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF FREEBEECARDS. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHODLERS, AGENTS, VENDORS, AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY AND ALL CLAIMS, INCLUDING CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IF YOUR JURISDICTION DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

Indemnification

You agree to defend, indemnify, and hold harmless FreebeeCards, its affiliates, officers, directors, shareholders, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your access to and use of FreebeeCards; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) Content submitted by you that causes damage to a third party. This defense and indemnification obligation will survive termination of this Agreement.

Reservation of Rights and Release

FreebeeCards reserves the right take any action FreebeeCards deems appropriate regarding disputes that you may have with any FreebeeCards user or any Merchant.

You release us from any claims or liability related to any Content posted on the Site or related to the conduct of any other user or any Merchant. You hereby expressly waive any applicable state law limitations or prohibitions regarding the applicability or enforceability of such release.

Intellectual Property

Everything within the Site, Software, or Service is our exclusive property or is being licensed or used by us with permission. Other than the limited right to use the Site, Software, and Services in accordance with this Agreement, this Agreement does not grant any license to you. The Software is licensed, not sold, and this license is non-exclusive, non-transferable, and valid only if the Software was acquired through a download service or distributor authorized by FreebeeCards to distribute the Software. Unless we give you express written consent, you may not copy, reproduce, transfer, distribute, transmit, rent, lease, lend, sell, or modify the Site or Software. In the event you violate the foregoing prohibition, you will be subject to civil and/or criminal penalties for copyright, trademark, or other intellectual property right infringement. You may install the Software only on compatible devices which you control for your own personal use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, other than as permitted in this Agreement.

The Site and Software contain copyrighted material, trademarks and other proprietary information, including software, photographs, text, video, music, graphics, and audio, and the entire contents of the Site and Software are protected as a collective work under the United States copyright laws (“FreebeeCards IP”). You are prohibited from modifying, publishing, broadcasting, transmitting, participating in the transfer or sale, creating derivative works, or in any way exploiting any of the FreebeeCards IP, in whole or in part; however, you may download, print, and/or save FreebeeCards IP for your personal use. You hereby acknowledge that you do not acquire any ownership rights in the FreebeeCards IP under this Agreement.

Except as expressly allowed under United States copyright laws, you are not permitted to copy, redistribute, retransmit, publish, or commercially exploit any downloaded material, without the express written consent of FreebeeCards or the copyright owner. If copying, redistribution, or publication of copyrighted material is permitted, you agree to make independent attribution and/or to refrain from making any modification or deleting any author attribution, trademark legend, or copyright notice.

FreebeeCards” is our trademark. This trademark, along with other trademarks on the Site, shall not be deemed to be in the public domain but instead the exclusive property of FreebeeCards, unless such trademark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of FreebeeCards. FreebeeCards does not have any obligation or responsibility to provide you with indications, markings, or anything similar that may assist you in determining whether any material is trademarked or copyrighted.

You agree to not upload, post, or otherwise make available on the Site any Content protected by copyright, trademark, or other proprietary right without the express consent of the owner of the copyright, trademark, or other proprietary right. You will be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. When you submit Content to the Site, you warrant that the owner of such Content has expressly granted us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Content, in whole or in part, worldwide and/or to incorporate such Content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other intellectual property rights that may exist in such Content. When you submit Content to the Site, you also authorize FreebeeCards users to access, view, store, or reproduce the Content for that user’s personal use. You also grant us the right to edit, copy, publish, and distribute any Content that you make available on the Site. If you have any rights to the submitted Content that cannot be licensed to us as provided in this Agreement, you unconditionally and irrevocably waive the enforcement of such rights and any and all claims and causes of action of any kind against us or related to our users and affiliates anywhere in the world with respect to such rights.

Copyright Infringement Notices

If you are a copyright owner or a copyright owner’s agent and find Content that infringes upon your copyrights, you may submit a Digital Millennium Copyright Act compliant notice to us. To do so, please provide our copyright agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (3) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail address; and (5) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. FreebeeCards’ designated copyright agent to receive notifications of claimed infringement can be reached at support@FreebeeCards.com. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your Digital Millennium Copyright Act notice may be deemed invalid.

Miscellaneous

Statute of Limitations. YOU AND FREEBEECARDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by FreebeeCards on the Site or any virtual promotional card, shall constitute the entire agreement between you and FreebeeCards.

Waiver. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision at a later time. Any waiver of our rights under this Agreement shall not be valid or effective unless in a written instrument containing the physical signature of a FreebeeCards officer. Any purported waiver or modification of this Agreement by us via electronic mail communications is not valid.

Notices and Electronic Communications. For purposes of this Agreement and except as otherwise expressly provided herein, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may direct communications to us at: FreebeeCards, 9233 Park Meadows Drive, Suite 14, Lone Tree, CO 80124; support@FreebeeCards.com; 888-510-9250.

Construction. When used in this Agreement, “including” shall mean “including without limitation” and shall not limit the preceding words or terms. Unless the context requires otherwise, (a) all definitions of capitalized words and phrases in one tense, shall extend to and include all other tenses, with appropriate adjustments in interpretation employed as needed to ensure the intended meaning of such word or phrase (as determined by the context in which it is used) is preserved to the fullest extent; (b) all terms used in this Agreement in the singular shall extend to and include the plural and all terms used in the plural shall extend to and include the singular; and (c) all terms used in this Agreement in any gender shall extend to and include both genders. The section headings used in this Agreement are included solely for convenience and shall not affect the interpretation of this Agreement.

Governing Law and Arbitration. This Agreement shall be governed and construed pursuant to the laws of the State of Colorado. Any disputes, controversies, or claims in connection with or arising out of this Agreement shall be referred to and finally determined by arbitration in Denver, Colorado, before a single arbitrator who is a member of the American Arbitration Association, from which arbitration there shall be no appeal. Such arbitration shall be held in Denver, Colorado, in accordance with the Commercial Rules of the American Arbitration Association. The award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the reward rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party in such arbitration shall be entitled to recovery of attorneys’ fees and costs.

No agency. You and FreebeeCards are independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership, franchise, employment, or agency relationship between you and FreebeeCards. You do not have authority, without our prior written consent, to bind or commit us in any manner. There are no third-party beneficiaries of this Agreement.

Assignment. Except as otherwise expressly provided in this Agreement, you may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent. Any attempt by you to do so will be invalid.

Severability. Each provision of this Agreement shall be considered severable. In the event any provision(s) of this Agreement should be deemed invalid, void, inoperative, or unenforceable, the remainder of this Agreement shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

Survival. Our rights under this Agreement will survive any termination of this Agreement.

Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of you and FreebeeCards and our respective successors and permitted assigns.

Additional Terms & Conditions for Apple Users

If you use the Software, or access the Service, using an iPhone or other device manufactured, designed, marketed, or sold by Apple, other than by accessing the Site or Service via a standard Web browser, the following additional terms and conditions apply:

a. This Agreement is solely concluded between you and FreebeeCards, and not with Apple, and FreebeeCards, not Apple, is solely responsible for the Software, Service, and the content thereof.

b. Maintenance and support services are solely the responsibility of FreebeeCards and/or its affiliates, and Apple has no obligation whatsoever to supply any maintenance and support services with respect to the Software.

c. FreebeeCards, and not Apple, are responsible for addressing any claims of the end user or any third party relating to the Software and/or the end user's use of same; and to the maximum extent permitted by law, Apple has no other warranty obligation with regard to the Software, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of FreebeeCards; however, nothing in this section shall restore any liability which has been disclaimed elsewhere in this Agreement.

d. In the event of any third-party claim over intellectual property rights, FreebeeCards, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such claim.

e. You represent and warrant that you are a resident of, and currently located in, the United States, and are not listed on any U.S. Government list of prohibited or restricted parties with regard to terrorism or the support of terrorism.

f. Apple, and its subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of these terms, Apple has the right to enforce this Agreement against you as a third-party beneficiary of this Agreement.

g. You must download and install the Software only from the Apple App Store, and in a manner consistent with the Usage Rules (Section 9.b. of the App Store Terms & Conditions).

Definitions

Merchant: A business offering products or services for sale, and which has entered into an agreement with FreebeeCards to be listed on our Service and provide discounts and rewards in accordance with applicable agreements.

Site: The freebeecards.com or fbc.li websites, any subdomains thereof, and any other web or Internet sites operated by FreebeeCards or its affiliates.

Software: The FreebeeCards iPhone, Android, or Windows Mobile 8 apps, downloaded from the Apple App Store, Google Play, Windows Phone Store, Amazon Appstore, or any similar service authorized by FreebeeCards.

Service: The overall FreebeeCards service, including the ability to reserve and redeem virtual promotional cards, FreebeeClips virtual coupons, or FreebeePoints loyalty points and rewards; discovery of participating Merchants; account history; feedback to Merchants; and any other benefit or feature provided by FreebeeCards or its software.

Third-Party Licenses and Attributions

The FreebeeCards Software includes licensed third-party software and/or content. Some of this software and/or content requires attributions to the original authors and/or the inclusion of additional license terms, which are found below. A summary of the third-party software and/or content covered by these requirements, and the specific licenses and attributions required, is found below.

Any software and/or content covered by these third-party licenses may be copied, used, or modified by you, notwithstanding any other provisions of this Agreement, as permitted in the respective license agreements; but these rights do not extend to the balance of the Site, Software, or Service not so covered.

For third-party software which is covered by the Lesser GNU Public License (LGPL), this section constitutes the written offer to provide source code required by that license, for up to three years from the date of download. Note that this offer does not include the source code for the FreebeeCards Software, but only for the third-party software specifically covered by the LGPL; as well as any machine-readable object files required by that license. Such source code and object files will be provided on CD-ROM or DVD-ROM for the cost of duplication and mailing.

Content or software covered by the Apache, MIT or BSD licenses is attributed here, rather than in the text of the licenses themselves.

Open Share Icon (CC-BY-SA 3.0, by Frank Dobbelaere, David Hall, Bruce McKenzie, and Jay Meattle)

Revanna Icon Set (CC-BY 3.0, by Double-J Design at http://www.doublejdesign.co.uk)

ZBarSDK (LGPL 2.1). Source code may be found at http://zbar.sourceforge.net/iphone

AFNetworking (MIT License, (c) 2013-2014 AFNetworking, Mattt Thompson, Scott Raymond, et al.)

DYRateView (3-clause BSD License (c) 2012 Derek Yang)

TPKeyboardAvoiding ((c) 2013 and courtesy of Michael Tyson)

XCDFormInputAccessoryView (MIT License, (c) 2012 Cédric Luthi)

UIImage+H568 ((c) 2012 and courtesy of Angel Garcia Olloqui)

AFKissXMLRequestOperation (MIT License, (c) 2011-2013 AFNetworking, Mattt Thompson, et al.)

zlib ((c) 1995-2013 and courtesy of Jean-loup Gailly and Mark Adler)

JSBadgeView (MIT License, (c) 2013 Javier Soto)

Google Maps SDK

Google Play Services

zxing (Apache License, Version 2.0, (c) 2008-2014 ZXing Authors)

zxingfragmentlib (Apache License, Version 2.0, (c) 2014 Jaime Oyarzun Knittel)

Apache Commons IO (Apache License, Version 2.0, (c) 2003-2014 Apache Software Foundation)

Apache Commons Lang (Apache License, Version 2.0, (c) 2002-2014 Apache Software Foundation)

joda (Apache License, Version 2.0, (c) 2002-2015 Joda.org)

Ion (Apache License, Version 2.0, (c) 2013 Koushik Dutta)

okhttp (Apache License, Version 2.0, (c) 2014 Square, Inc.)

Retrofit (Apache License, Version 2.0, (c) 2013 Square, Inc.)

SimpleXML (Apache License, Version 2.0, (c) 2006-2013 Niall Gallagher)

Butterknife (Apache License, Version 2.0, (c) 2013-2014 Jake Wharton)

Maps Utils (Apache License, Version 2.0, (c) 2013-2014 Chris Broadfoot, Colin Edwards, Michael Evans, Maciej Gorski, Claus Hofele, Cyril Mottier, Mihai Preda, Iris Uy, Emma Yeap)



The MIT License

(c) As attributed above

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.



The 3-clause BSD License

(c) As attributed

All rights reserved.



Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright

notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright

notice, this list of conditions and the following disclaimer in the

documentation and/or other materials provided with the distribution.

* Neither the name of the organization nor the

names of its contributors may be used to endorse or promote products

derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



The 2-clause BSD License

(c) As attributed

All rights reserved.



Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright

notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright

notice, this list of conditions and the following disclaimer in the

documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



The Google Maps SDK Attribution & License

This software is based in part on Google Toolbox For Mac:

Copyright © 2006-2013 Google Inc.

Licensed under the Apache License, Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0).

Google Toolbox For Mac (https://code.google.com/p/google-toolbox-for-mac)



This software is based in part on iGLU:

iGLU (https://code.google.com/p/iphone-glu/) is an implementation of the OpenGL Utility Library (GLU) (http://www.opengl.org/documentation/specs/) for iPhone OS (http://developer.apple.com/iphone/). iGLU is based on the GLU source included with Mesa 7.2 (http://mesa3d.sourceforge.net/), which in turn derives from the SGI OpenGL Sample Implementation (http://oss.sgi.com/projects/ogl-sample/). All code derived from SGI's source is licensed under the SGI Free Software License B version 2.0 (http://oss.sgi.com/projects/FreeB/). All other code is licensed under the MIT license (http://www.opensource.org/licenses/mit-license.php).



This software is based in part on Objective C Protocol Buffers:

Copyright © 2008 Cyrus Najmabadi.

Copyright © 2010 Booyah Inc.

Copyright © 2011-2013 Google Inc.

Licensed under the Apache License, Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0).

Objective C Protocol Buffers (https://code.google.com/p/metasyntactic/wiki/ProtocolBuffers)



This software is based in part on zlib:

Copyright © 1995-2013 Jean-loup Gailly and Mark Adler

Licensed under the zlib license (http://zlib.net/zlib_license.html).

zlib (http://zlib.net/)



This software is based in part on JQuery Easing:

Copyright © 2008 George McGinley Smith.

Copyright © 2001 Robert Penner All rights reserved.

Licensed under the BSD license (http://www.robertpenner.com/easing_terms_of_use.html).

jQuery Easing Plugin (http://gsgd.co.uk/sandbox/jquery/easing/)

Robert Penner's Easing Functions (http://www.robertpenner.com/easing/)



The Google Play Services Attribution & License



This product includes software from The Android Open Source Project

Copyright (c) 2005-2008, The Android Open Source Project

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.



This product includes software from The Guava Authors

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.



This product includes software from Google, Inc.



Copyright 2008, Google Inc.

All rights reserved.

Licensed under the 3-clause BSD License.

Code generated by the Protocol Buffer compiler is owned by the owner of the input file used when generating it. This code is not standalone and requires a support library to be linked with it. This support library is itself covered by the above license.



This product includes the XMP Toolkit software from Adobe Systems Incorporated.

Copyright (c) 1999-2010, Adobe Systems Incorporated

All rights reserved.

Licensed under the 3-clause BSD License.



This product includes software from the JSR305 expert group.

Copyright (c) 2007-2009, JSR305 expert group

All rights reserved.



Legal notices for the Google Maps component may be found at http://m.google.com/legalnotices



This product includes software from Lucent Technologies.

The authors of this software are Rob Pike and Ken Thompson.

Copyright (c) 2002 by Lucent Technologies.



Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software.



THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHORS NOR LUCENT TECHNOLOGIES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.



This product includes software from The Chromium Authors.

Copyright (c) 2010 The Chromium Authors.

All rights reserved.

Licensed under the 3-clause BSD License.



This product includes software from Takayua OOURA

Copyright(C) 1997,2001 Takuya OOURA (email: ooura@kurims.kyoto-u.ac.jp).

You may use, copy, modify this code for any purpose and without fee. You may distribute this ORIGINAL package.



This product includes software from Mark Borgerding.

Copyright (c) 2003-2010 Mark Borgerding.

All rights reserved.

Licensed under the 3-clause BSD License.



This product includes Eigen software.

Licensed under the Mozilla Public License, Version 2.0.



This product includes libresample software.

All of the files in this package are Copyright 2003 by Dominic Mazzoni <dominic@minorninth.com>. This library was based heavily on Resample-1.7, Copyright 1994-2002 by Julius O. Smith III <jos@ccrma.stanford.edu>, all rights reserved.

Licensed under the 2-clause BSD License.



This product includes software from International Business Machines Corporation and others.

Copyright (c) 1995-2012 International Business Machines Corporation and others.

All rights reserved.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

All trademarks and registered trademarks mentioned herein are the property of their respective owners.



The Apache License, Version 2.0



Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

The text of the Apache License, Version 2.0, may be found at:

http://www.apache.org/licenses/LICENSE-2.0



The CC-BY-SA 3.0 (Creative Commons Attribution-ShareAlike 3.0 Unported) License



The text of the CC-BY-SA 3.0 license may be found at:

https://creativecommons.org/licenses/by-sa/3.0/legalcode



The CC-BY 3.0 (Creative Commons Attribution 3.0 Unported) License



The text of the CC-BY 3.0 license may be found at:

https://creativecommons.org/licenses/by/3.0/legalcode



The Mozilla Public License, Version 2.0



The text of the Mozilla Public License, Version 2.0, may be found at:

https://www.mozilla.org/MPL/2.0/



The LGPL 2.1 License



The text of the GNU Lesser General Public License, version 2.1, may be found at:

https://www.gnu.org/licenses/lgpl-2.1.txt