Terms and Conditions

Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights.

Black Business Coalition (“Black Business Coalition”, “BBC” or “we”) makes available  CashBack Shopping Programs (“BBC CashBack Programs”) through www.cashback.blackbusinesscoalition.com, and related mobile and software applications as it relates to the BBC or entities providing services to the BBC or (“Black Business Coalition Properties or Assets”) under these Terms and Conditions.

This Agreement constitutes a legally binding agreement between each individual who enrolls in any of the Programs (“Becomes a BBC Member”) or otherwise uses any one of the Black Business Coalition Properties or Assets. If you are a Member or use any of the Black Business Coalition Properties or Assets, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE PROGRAM(S) AND TERMINATE YOUR PROGRAM MEMBERSHIP(S) IMMEDIATELY.

YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 below, TO RESOLVE ANY DISPUTES WITH THE BLACK BUSINESS COALITION, EXCEPT FOR THOSE

MATTERS THAT MAY BE TAKE TO SMALL-CLAIMS COURT.

  1. CHANGES TO THE TERMS AND CONDITIONS

1.1 Black Business Coalition may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. Black Business Coalition may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, text message, in-app messaging, directly on our website or other reasonable means now known or hereinafter developed.

1.2 Your continued use of the Black Business Coalition Property or Assets (BBC Cashback Site) following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to discontinue your use of the Black Business Coalition Properties or Assets. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.

  1. PROGRAM ACCOUNT

2.1 Our Programs are not available to and should not be accessed or used by residents of the European Economic Area (“EEA”). To become a Member, you must be at least 18 years old and provide your email address and password for Black Business Coalition to create your Program account (“Account”). Your Account will be tied to a BBC ID, which allows you to access certain websites and services of other Black Business Coalition group of companies using the same account credentials. Each person is limited to one Account. To redeem certain offers and promotions offered by our other Programs and Partners, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference made in this document.

  1. INFORMAL DISPUTE RESOLUTION

3.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against the Black Business Coalition (BBC), You agree to try to resolve the dispute informally by submitting your request through our Member Services page. Please be sure to select “BBC Questions” under Topics when completing the member services request form. We will try to resolve the dispute informally by contacting you in writing via email as soon as possible. If a dispute is not resolved within 30 days of submission through this form, you or Black Business Coalition may bring a formal proceeding.

  1. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

4.1 You and Black Business Coalition agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Black Business Coalition’s business, any of the Programs or the Black Business Coalition Properties or Assets, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Black Business Coalition’s employees, agents or any subsidiaries of Black Business Coalition. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.

4.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

4.3 CLASS ACTION WAIVER: YOU AND BLACK BUSINESS COALITION ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Black Business Coalition can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Black Business Coalition further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

4.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Black Business Coalition will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Fairfax County, Virginia.

4.5 Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future, material change to this arbitration provision, you may reject any change by sending us written notice within thirty (30) calendar days of the change to Black Business Coalition, LLC., 6148 Elm Street, Suite McLean, VA 22101, Attn: Legal. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which would still remain in effect.

4.6 This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to Black Business Coalition, LLC., 6148 Elm Street, Suite McLean, VA 22101, Attn: Legal within thirty (30) calendar days of enrolling as a Member or accessing a Black Business Coalition Property for the first time.

4.7 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

  1. PROGRAM LICENSE

5.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Black Business Coalition Properties or Assets for your personal and individual use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Black Business Coalition reserves the right to change, upgrade or discontinue the Program, any Black Business Coalition Property, and any feature of the Program or the Black Business Coalition Properties or Assets, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Black Business Coalition or its licensors.

  1. PROGRAM RESTRICTIONS

You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Black Business Coalition Properties or Assets; (ii) introduce into the Black Business Coalition Properties or Assets any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Black Business Coalition Properties or Assets (collectively, “Content”); (iv) access the Program or the Black Business Coalition Properties or Assets by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Black Business Coalition; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Black Business Coalition Property for any reason; (vii) rent, sell or sublicense any of the Black Business Coalition Properties or Assets; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Black Business Coalition Properties or Assets; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Black Business Coalition Properties or Assets or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Black Business Coalition Properties or Assets; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Black Business Coalition Properties or Assets.

  1. PROGRAMS

7.1 Cash Back. We offer the ability for Members to earn cash back (“Cash Back”) on their purchases completed through the Black Business Coalition Properties or Assets. Black Business Coalition receives compensation for referring buyers to retail partners, brands, merchants and other partners participating in this Program (“Affiliate Stores”). Black Business Coalition gives a portion of this fee to its Members as Cash Back. Compensation received by Black Business Coalition may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back are offered at the sole discretion of Black Business Coalition and subject to your compliance with this Agreement.

(a) Online Cash Back. In order to earn Cash Back online, you must register for an Account, be signed in to one of the Black Business Coalition Properties or Assets use the shopping links within the Black Business Coalition Properties or Assets and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Black Business Coalition, your purchase might be associated with a service other than Black Business Coalition and you might not earn Cash Back on your purchase. If you disable “cookies” on your computer, you will not be able to earn Cash Back because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cash Back.

(b) In-Store Cash Back. Black Business Coalition may also offer you the opportunity to earn Cash Back on purchases made in store (“In-Store Cash Back”) at certain physical Affiliate Store locations. In order to be eligible for In-Store Cash Back, you must link your payment card to an “in-store” offer (“Card Linked Offer”) and subsequently using such payment card to complete the purchase transaction in accordance with the terms of the Card Linked Offer. The terms of the In-Store Cash Back Terms & Conditions each Card Linked Offer will govern how In-Store Cash Back is earned and paid to the extent they vary from this Agreement.

7.2 Browser Extension. Black Business Coalition may make available a browser extension to enhance your Cash Back shopping experience (“Browser Extension”). Your use of Browser Extension is subject to the BBC Cash Back Button Privacy Notice and will govern to the extent they vary from this Agreement.

7.3 Gift Card Shop. Black Business Coalition may offer a gift card purchase site (“Gift Card Shop”) to allow you to purchase gift cards from participating retailers, merchants, and other partners (“Gift Card Issuers”). Black Business Coalition is not the gift card issuer or merchant of record for any gift card purchases made through the Gift Card Shop and Black Business Coalition shall not have any liability with respect to any gift cards you purchase through the Gift Card Shop. All gift card purchases made through Gift Card Shop are subject to applicable Gift Card Issuer policies, including, without limitation, applicable shipping, privacy, and return policies. Please review all applicable Gift Card Issuer policies and redemption instructions prior to making your purchase. Your use of Gift Card Shop is subject to the Gift Card Shop Terms of Sale and each gift card offer and will govern to the extent they vary from this Agreement. Gift card purchases are subject to daily limits, as determined by Black Business Coalition in its sole discretion.

  1. CASH BACK EXCLUSIONS

8.1 Cash Back is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Cash Back. Cash Back amounts vary by store and product category and may contain exclusions in the terms of the offer and the applicable store page. Please review these terms carefully.

  1. STORE POLICIES

9.1 A product purchased from any Affiliate Store or any Seller, whether online or in store, is governed by and subject to the applicable Affiliate Store or Seller policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store or Seller and that the Affiliate Stores and Sellers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store or Seller is solely between you and that Affiliate Store or Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Black Business Coalition is not responsible for changes to, or discontinuance of, any Affiliate Store or Seller, or for any Affiliate Store or Seller withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance or withdrawal.

  1. BONUSES AND OTHER REWARDS

10.1 Black Business Coalition periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. Participation in our Refer-A-Friend Program is limited to members located in the United States and Canada and is subject to our Referral Program Terms. Both the referrer and the referee must be located in the United States or Canada in order to be eligible for a referral bonus or sign up bonus. The terms and conditions for such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All bonuses and rewards are subject to review. Black Business Coalition reserves the right to withhold, deny or cancel any bonuses and/or rewards and/or terminate your Account if Black Business Coalition, in its sole discretion, deems any bonuses and/or rewards as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with our Referral Program Terms, this Agreement or any other applicable law or regulation. Black Business Coalition decisions are final.

  1. PAYMENT OF CASH BACK AND OTHER REWARDS

11.1 Requirements. As a condition of payment of accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address and your valid PayPal email address for receiving payment. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.

11.2 Cash Back Payments. The minimum payment amount for Cash Back and other Cash Back Program rewards is $10.01. Balances below $10.01 remain in your Account for potential payment during the next payment period. Black Business Coalition pays members in U.S. dollars via check, PayPal or other payment options as Black Business Coalition may make available from time to time. Members may select or change their payment options in the account settings through the Black Business Coalition Properties or Assets. Black Business Coalition pays its Members accrued Cash Back and Cash Back Program related rewards in accordance with the current payment schedule. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Black Business Coalition reserves the right to delay payment for any purchase based on changes to Affiliate Store policies at any time. Black Business Coalition also reserves the right to modify the payment schedule at any time. Black Business Coalition is not responsible for payments delivered to the wrong address through no fault of Black Business Coalition or for payment errors made by payment partners, like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to Black Business Coalition, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 12.2 below, unless you take the proper steps to restore your Account to Active status.

11.3 Gift Cards. Periodically, Black Business Coalition may offer gift cards in connection with a promotion or as a redemption option for your Cash Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. Black Business Coalition is not responsible for lost or stolen payments, including gift cards. Gift cards for sign up bonuses are issued in the form of physical gift card, require a United States address, and are only redeemable within the United States (excluding U.S. territories).

11.4 Donations. Black Business Coalition may offer you the opportunity to donate a portion or all of your Cash Back earnings to a charity. The BBC neither charges any fees for this service nor takes any percentage of the Cash Back earnings donated. Contributions made through the BBC are not tax-deductible.

11.5 Account Adjustments. In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Black Business Coalition policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of Black Business Coalition. If an Affiliate Store fails to report a transaction to Black Business Coalition or fails to make payment to Black Business Coalition for any reason, Black Business Coalition reserves the right to cancel the Cash Back associated with that transaction. 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 believe that Cash Back has not been correctly credited to your account, you must contact Black Business Coalition Member Services within ninety (90) days of the transaction. In addition, Black Business Coalition may make account adjustments for any Cash Back that Black Business Coalition, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. Black Business Coalition decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

11.6 Taxes. You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities.

  1. ACCOUNT MAINTENANCE

12.1 Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating the information through the Black Business Coalition Properties or Assets. You must be logged into Black Business Coalition and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the Black Business Coalition Properties or Assets. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Black Business Coalition is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

12.2 Account Activity. An Active Account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping trip via the Black Business Coalition Properties or Assets, (iii) linked a payment card to an in-store offer, (iv) have accrued Cash Back or (v) have logged in to your Account. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i)-(v) for more than twelve (12) consecutive months, Black Business Coalition reserves the right to debit your Account balance two dollars ($2.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by engaging in one of the activities set forth above in subsections (i)-(v) or until your account balance is zero. If your account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, Black Business Coalition reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable but will not cause your account balance to become negative, and will not cause you to owe money to Black Business Coalition.

12.3 Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Black Business Coalition Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to Black Business Coalition by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If Black Business Coalition has any reason to suspect fraudulent activity is associated with your Account, Black Business Coalition reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Black Business Coalition decisions are final.

  1. RECEIVING COMMUNICATIONS

13.1 By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related (e.g., that we’ve added money to your account, that a purchase has been made, 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 available to Black Business Coalition Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.

  1. BLACK BUSINESS COALITION APPLICATIONS

14.1 Black Business Coalition may make available software applications (“Black Business Coalition Applications”) to allow you to access our Programs without visiting www.blackbusinesscoalition.com. For purposes of this Agreement, references to Black Business Coalition Properties or Assets shall include Black Business Coalition Applications. Black Business Coalition 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. 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. If you are a U.S. government end user, we are licensing the Black Business Coalition Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Black Business Coalition Applications are the same as the rights we grant to all others under this Agreement.

  1. THIRD-PARTY PLATFORMS

15.1 Social Sign On. When you access or use the Black Business Coalition websites, Properties or Assets, we may make available services from one or more third parties (“Third-Party Platforms”). The Black Business Coalition Properties or Assets support Third-Party Platforms, including Facebook, Google and BBC ID, to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”). Your BBC ID is subject to the BBC Terms and Conditions and Privacy Policy.

15.2 Inbox Connections. If you create your BBC CashBack Account or sign in to your BBC CashBack Account with your Google email account credentials, your Google email account will automatically be linked to your BBC CashBack Account. We may also offer you the ability to link your email account from other service providers to your BBC CashBack Account via your BBC CashBack Account settings. You may disconnect your linked email accounts at any time by updating the Settings in your BBC CashBack Account settings or by removing the authorization through the settings of your email account. A connection between your email account and your Program Account is not required for you to be a Member. Connecting your email account will permit us to access your email account content (“Email Content”). Black Business Coalition will not delete or modify your email content. We may use your Email Content to confirm your Cash Back faster and more reliably and to personalize your experience with the CashBack Program. To learn more about how we use your Email Content, please see our Privacy Policy.

  1. YOUR FEEDBACK

16.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through the Black Business Coalition Properties or Assets, by our member services or through one of our service providers, like Trustpilot. You hereby grant to Black Business Coalition and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.

  1. COMMUNITY STANDARDS

17.1 By participating in the BBC CashBack Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the BBC CashBack Program, the Black Business Coalition Properties or Assets, our employees, contractors or agents, our Affiliate Stores or Sellers, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the BBC CashBack Program suspended or terminated without prior notice.

  1. OWNERSHIP

18.1 All right, title and interest in the BBC CashBack Program, the Black Business Coalition Properties or Assets and the Content belong to Black Business Coalition or its licensors. Additionally, Black Business Coalition shall maintain all right, title and interest in the “Black Business Coalition” mark, the “BBC” mark, the Black Business Coalition logo, the BBC logo and any other marks, service marks, trademarks or logos of Black Business Coalition and its affiliates (“Black Business Coalition Marks”). The Black Business Coalition Marks may not be used in connection with any product or service that is not Black Business Coalition’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Black Business Coalition. You shall not by any means bid on any keywords with any search engine containing “Black Business Coalition,” “BBC” or anything substantially similar to “Black Business Coalition,” “BBC,” “HispanicBusinessCoalition.com” or any other Black Business Coalition Mark including, without limitation, BlackBusinessCoalition.com, You shall not mention or use Black Business Coalition in any ad text, extensions or banner ads without the express written consent of Black Business Coalition. All other trademarks not owned by Black Business Coalition that are used in the BBC CashBack Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Black Business Coalition.

  1. INDEMNIFICATION

19.1 You agree to indemnify Black Business Coalition, our Affiliate Stores, our Sellers, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

  1. WARRANTY DISCLAIMER

20.1 THE BBC CASHBACK PROGRAM, CONTENT AND THE BLACK BUSINESS COALITION PROPERTIES OR ASSETS ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE BBC CASHBACK PROGRAMS, CONTENT OR THE BLACK BUSINESS COALITION PROPERTIES OR ASSETS, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY BBC CASHBACK PROGRAM. BLACK BUSINESS COALITION DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE BLACK BUSINESS COALITION PROPERTIES OR ASSETS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, BLACK BUSINESS COALITION DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE CASHBACK PROGRAMS.

  1. LIMITATION OF LIABILITY

21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLACK BUSINESS COALITION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE BLACK BUSINESS COALITION’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

  1. TERMINATION OR SUSPENSION

22.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the BBC CashBack Program. We may terminate this Agreement and your use of or access to the BBC CashBack Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the BBC CashBack Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the BBC CashBack Program or any functionality, feature or other component of any Black Business Coalition Property. You agree that Black Business Coalition will not be liable to you or to any third party for any modification, suspension, or termination of the BBC CashBack Program or your access to any of the Black Business Coalition Properties or Assets. If you are dissatisfied with any aspect of the BBC CashBack Program at any time, your sole and exclusive remedy is to cease participating in the BBC CashBack Program. Upon any termination of the BBC CashBack Program, your right to use and access the BBC CashBack Program, and the Black Business Coalition Properties or Assets, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.

  1. GENERAL PROVISIONS

23.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Black Business Coalition and govern your use of the Products or Black Business Coalition Properties or Assets superseding any prior agreements between you and Black Business Coalition with respect to the Products or Black Business Coalition Properties or Assets (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Black Business Coalition unless expressly confirmed in writing by Black Business Coalition to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content or third party software.

23.2 Choice of Law. The validity, construction and interpretation of this Agreement and the relationship between You and Black Business Coalition, including the rights and duties of the parties, will be governed by the laws of the State of Virginia in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law.

23.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

23.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

23.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Black Business Coalition has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

Updated: February 10, 2021

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