Last updated: August 11, 2021
I. Description of Openbucks Service
The Openbucks Service is comprised of the Retailer Gift Card redemption service described in more detail below:
Please note: The Openbucks Service does not accept all prepaid cards. Here are a few examples of prepaid cards that are NOT accepted by the Openbucks Service:
II. Eligibility Information
Persons under the age of 16 and users previously suspended or removed from the Openbucks Service by Openbucks may not use the Openbucks Service. You do not need to register as a user in order to use the Openbucks Service. Retailer Gift Cards that are purchased from a Retailer may only be used directly by you, or by a member of your household who has given you explicit authorization to use the Retailer Gift Card.
IV. Your Obligations
If you are not satisfied with a good or service you purchased from an Openbucks Merchant, you may request from that Openbucks Merchant a refund. Openbucks Merchants, however, are not obliged to issue refunds for goods or services purchased, but they may choose to do so in certain circumstances. To request a refund, you must contact the Openbucks Merchant directly. If the Openbucks Merchant agrees to issue a refund, that refund will be issued directly by the Openbucks Merchant.
VI. Fraud, Misuse or Errors
We may change, suspend, restrict, block or cancel your access to the Openbucks Service for any reason, at our sole discretion. Cancellation may include limiting your payments or cancelling any order that we believe may be linked to fraudulent or abnormal activities.
VII. Fees, Charges, and Payment
You are solely responsible for any and all amounts payable to Openbucks Merchants, Retailers, or other third parties associated with your use of the Openbucks Service.
IX. Prohibited Uses
You may not access the Openbucks Service in territories where its contents, features, or practices are not permitted nor which do not comply with Openbucks internal policies. The Retailer Gift Cards redemption service is designed for customers in the United States. Those who choose to access the Openbucks Service from outside the United States do so at their own initiative and are responsible for compliance with all local laws and rules including, without limitation, rules about the internet, data, email, or privacy.
You may only use the Openbucks Service for personal, non-commercial purposes, unless Openbucks has given you explicit written permission from Openbucks in advance.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Openbucks Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Openbucks Service.
We encourage you to provide Openbucks with comments, bug reports, suggestions for modifications, and your thoughts about Openbucks in general (“Feedback”). In return, we shall have the right to use such Feedback in our discretion, including but not limited to the incorporation of such suggested changes into the Openbucks Service and the right to assign, license or otherwise use the Openbucks Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
XI. Ownership and Proprietary Rights
All elements of the Openbucks Service provided by Openbucks (“Openbucks Materials”) are property of Openbucks or its subsidiaries or affiliated companies and/or third-party licensors, including Openbucks Merchants or Retailers. Openbucks Materials are protected by intellectual property rights and laws.
XII. Third-party Sites, Products, Services and Links
The Openbucks Service may include links to other web sites or services, including websites of Openbucks Merchants or Retailers (“Linked Sites”). Openbucks makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Openbucks Service are solely between you and such advertiser. YOU AGREE THAT OPENBUCKS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE OPENBUCKS SERVICE.
You acknowledge and agree that access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, and reliability of transmission. You agree to bear full and exclusive responsibility arising from such risks and consequences of your usage of the Openbucks Service. Openbucks takes precautionary measures to protect its network against third party access; however, full protection against unauthorized access cannot be guaranteed and we are not responsible for such access.
XIV. Disclaimers; No warranties
THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS ARE PROVIDED “AS IS” AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW. OPENBUCKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS.
XV. Indemnification and Hold Harmless
XVI. Limitation of Liability and Damages
Limitation on Amount of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNTS PAID BY YOU TO OPENBUCKS IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XVII. No Wavier and Separability.
XIX. Governing Law, Arbitration of Disputes and Waiver of Class Claims
PLEASE READ THIS SECTION XIX (THE “ARBITRATION PROVISION”) CAREFULLY BECAUSE IT REQUIRES YOU AND US (AS SUCH TERMS ARE DEFINED BELOW) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH EACH PARTY CAN SEEK RELIEF FROM EACH OTHER.
440 N. Wolfe Rd.
Sunnyvale CA, 94085
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Notice: Openbucks has been granted a license under U.S. Patent No. 6,876,979.