Purchance LLC ("Purchance!") Terms & Conditions

The Purchance! Account Agreement (the "Agreement") governs your use of the purchance.com web site ("web site"), including the creation and maintenance of a purchance.com Cash Back Money Account ("Account"). Terms of this Agreement apply whether you are a Visitor to the web site or an Account holder. Playing the Purchance! Game is free; but you must accept the Agreement terms to use the web site and create an Account. By using the web site, you acknowledge that you have read and understood this Agreement and that you agree to be bound by all of its terms. Purchance! may change the Agreement at any time by posting revisions to the web site, and your continued use of the web site indicates your acceptance of any future amendments or updates thereto.

Purchance! Cash Back

When you create a Purchance! account, you have the ability to get 100% cash back on your entire online purchase at a participating merchant by playing the Purchance! Game. The Purchance! Game works by correctly identifying the magic number from a select list of numbers. The magic number is randomly generated from this select list of numbers each time a user visits a merchant page within the web site. The select list of numbers is sequential in order, beginning with the number one and ending with the largest number stated in the odds section on the merchant page. To play the game, a user clicks on one of the select list of numbers from the merchant's page on the web site and then completes a purchase at the participating merchant's online store. Seven days after the purchase, the user is able to check whether the magic number was selected by visiting the "Balances & History" under the "My Account" section of the web site. If so, the user will be awarded the order purchase amount (less shipping and sales tax) in the form of a cash reward. If you receive cash back, it will stay in the "Pending" status for a period of 90 days from the purchase date to account for product returns, refunds, fraud and other similar factors. Once cash back is advanced to "Available" status and your account has at least a $10 balance, it is able to be redeemed.

The Game is free to Account holders, and is conferred as a benefit of registration with Purchance! You are under no obligation to participate or redeem your Purchance! cash back rebates. We reserve the right to display cash back recepients on the site, in e-mails and other marketing materials. Your full identity will not be revealed should you be displayed as a cash back recepient.

Purchance! Cash Back Eligibility

To be eligible to get 100% cash back on your purchase:

(1) You must be 18 years of age or older
(2) You must have Internet access and a valid working e-mail address
(3) You must log into you Purchance! Account with your user name and password
(4) You must browse to a participating merchant's page on the Purchance! web site
(5) You must click on one of the select list of numbers to be redirected to the participating merchant's site
(6) You must complete your transaction at the participating merchant
(7) You must have cookies enabled on your web browser
(8) You must reside in the U.S.A.

Reasons why the order you place may not track correctly through our system, include, but are not limited to, the following:

(1) You do not log into your Purchance! Account with your user name and password.
(2) You go directly to the participating merchant without first visiting the merchant's page on the Purchance! web site and clicking on one of the select list of numbers.
(3) You complete multiple transactions without returning to the merchant's page and clicking on one of the select list of numbers after every purchase (The game ends after a purchase is made on a participating merchant's site. You must play the game for each individual purchase that is made).
(4) You click on any "special offers" or toolbars from other websites in between clicking on one of the select list of numbers and placing an order on the participating merchant's site (By doing so, you risk disrupting the reporting mechanism that exists for us to correctly tie back your purchase to one of our links).
(5) You allow too much time to lapse between clicking on one of the select list of numbers and completing the purchase.
(6) You contact the merchant to change an order (depending on the merchant, the source credited for the order may shift from an internet order to a phone order).
(7) You fail to abide by the restrictions imposed by a Participating Merchant.
(8) The Participating Merchant fails to transmit to Purchance! the commission corresponding to the transaction.

Purchance! reserves the right to solely determine whether or not a purchase made through a participating merchant is an eligible purchase for the Game. Purchance! is not responsible for tracking problems resulting from incorrect usage of the web site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

Purchance! Cash Back Money Payment Request

Once cash back is advanced to "Available" status, it is able to be redeemed. Users may request a payment for all cash back money in their account with an "Available" status so long as their cash back balance is in exceess of $10. Cash back amounts are paid by check mailed to your address. Purchance! will distribute available cash back amounts within approximately 14 days of the Account holder request. Purchance! is not responsible for events by an Account holder or third party that prevents the Account holder from receiving their cash back money payment. Purchance reserves the right to make adjustments to an Account holder's cash back money balance for returns, cancellations, fraud, and other similar events at any time in our sole discretion. If an Account holder disagrees with any such adjustment, his/her sole remedy is to discontinue use of Purchance! The Account holder is solely responsible for redeeming Purchance! cash back money.

Purchance! Account Termination

Account membership is subject to the terms and conditions in this Agreement. Purchance! reserves the right to terminate your Account and cancel any cash back money at any time for any failure to comply with these terms and conditions and any fraud or abuse relating to cah back money amounts. Purchance! reserves the right to close any Account that has been inactive for more than 24 months. An Account is deemed inactive if the user has had no purchase activity for 24 consecutive months. Cash back money amounts in inactive Accounts will be returned to Purchance! Account holders may terminate their Account at any time by sending an e-mail or other written notification to Purchance! Any termination of an Account by either party will result in a cancellation of any cash back money amounts in the Account.

Purchance! Program Termination

Purchance! reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty days to redeem your cash back money amounts from the date notice is transmitted by Purchance! to the email address specified in your account. Purchance! will not be responsible for an Account holder's failure to keep their e-mail address up to date, check their e-mail or other wise take some action that limits their ability to receive notice of cancellation.

Purchance! Account Holder Responsibilities

You are responsible for maintaining accurate account information at all times in your Account. You are responsible for keeping your email address, password and all other information concerning your account confidential. Purchance! is not responsible for any credits or debits made to your account by someone else who uses your username or password. Purchance! will not be responsible for any losses or liabilities incurred through the use of your password by any third party. You are also responsible for reviewing your cash back money amounts on a regular basis, and for checking to ensure that all Purchance! cash back money has been properly credited to your account. If a cash back money discrepancy occurs in your Account, then you must contact Purchance! within sixty days of the purchase date from a Participating Merchant; otherwise, you waive any right to claim different cash back money amounts for the purchase.

You are responsible for complying with any tax liability that may result from Purchance! cash back rebates.

Disclaimer and Limitation of Liability

THE PURCHANCE! ACCOUNT, WEB SITE AND CASH BACK MONEY PROGRAM ARE BEING PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. PURCHANCE! DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PURCHANCE! DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, TIMELINESS, OR ACCURACY OF ANY DATA OR CONTENT PROVIDED ON THE PURCHANCE! WEB SITE. PURCHANCE! MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS AFFILIATED WITH THE PURCHANCE! WEB SITE. PURCHANCE! DOES NOT WARRANT OR GUARANTEE THAT ACCESS TO THE PURCHANCE! WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND PURCHANCE! ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PURCHANCE! WEB SITE.

IN NO EVENT SHALL PURCHANCE! BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF THE PURCHANCE! WEBSITE OR ACCOUNT, ANY ACT OR OMISSION BY PURCHANCE! IN ADMINISTERING THE WEB SITE OR ACCOUNT, OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS AFFILIATED WITH THE PURCHANCE! WEB SITE, EVEN IF PURCHANCE! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.

YOU AGREE TO INDEMNIFY AND HOLD PURCHANCE!, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PURCHANCE! WEB SITE OR ACCOUNT.

General

You agree that you are only authorized to visit, view and retain a copy of pages of the web site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the materials, information, software, products and services included in or available through the Purchance! web site for any purpose other than for your personal use.

Participation in the Program is personal to you. Purchance! cash back money received may not be assigned or transferred to any third party. The sale or transfer of any Purchance! cash back money, other than by Purchance!, is expressly prohibited. Any Purchance! cash back money assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.

Purchance! may modify this Agreement at any time. The Agreement as amended will be posted on the Purchance! web site, and your continued use of your Account or the Purchance! web site shall constitute your acceptance of any such amendment. The failure of Purchance! to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

[User Agreement last updated 9/25/2008]