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PLEASE NOTE THAT THIS POLICY APPLIES ONLY TO PERSONAL INFORMATION COLLECTED THROUGH THE WEBSITE BY US OR THIRD PARTIES ACTING ON OUR BEHALF. WE MAY HAVE DIFFERENT POLICIES AND PRACTICES REGARDING INFORMATION OBTAINED OFFLINE OR FROM OTHER WEBSITES OWNED OR MAINTAINED BY LADYBUG.COM, INC. BY ACCESSING LADYBUG.COM, YOU CONSENT AND AGREE TO THE TERMS BELOW.
Remember, if you use the Website or register with or provide any Personal Information to the Website, you agree to these terms. If you have questions or concerns regarding this Policy, you should contact the LadyBug.com, Inc. ("LBI") site coordinator by sending an email to support@ladybug.com
We respect your privacy and are committed to protecting it through our compliance with this statement of Privacy Notice: Your Privacy Rights (this "Privacy Policy"). For purposes of this Privacy Policy, each of the terms "we," "us," or "our," "LadyBug.com Inc." or "LBI", means LBI, a New York company. This website, mobile applications, electronic services, social networking sites, interactive features, online services, or any of our described online activities we own or control and the term this "Site," means, collectively, this website and portions of other Web pages and Web content through which you have accessed this "Privacy Notice: Your Privacy Rights" page.
We may modify this Privacy Statement at any time. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective.
Your use of this Site is subject to this Privacy Policy and the Terms of Use. This Privacy Policy (together any other documents referred to in this Privacy Policy) describes information that we collect from you or that you provide on this Site and how that information may be used and disclosed by us.
Please read this Privacy Policy and the Terms of Use carefully to understand our policies and practices regarding your personal information and how we will treat it.
By accessing, using or submitting information to this Site, you agree to this Privacy Policy and our Terms of Use. Read below about your choices with respect to the information you provide to us and how you can opt-out of certain communications and services. If you do not agree with the practices described in this Privacy Statement, please do not provide us with your personal information or interact with the Site.
This Privacy Policy may change from time to time and your continued use of this Site is deemed to be acceptance of such changes, so please check here periodically for updates.
Because our business needs may change over time, we reserve the right to change this Policy, including the way we use your Personal Information, at any time. Please review this Policy from time to time and before you provide any Personal Information to the Website. If we change this Policy, we will post those changes on the homepage of the Website and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of the Website following the posting of any changes to this Policy means you accept such changes. The date on which this Privacy Policy was last updated will be noted immediately above this Privacy Policy. Please review this Policy from time to time and before you provide any Personal Information to the Website.
Personal Identifiable Information
In this Privacy Policy, "personally identifiable information" means information that identifies a particular individual, such as an individual's name, postal address, e-mail address, and phone number. Personally identifiable information does not include screen names or user names that you may provide to us or through this Site.
We will collect information, including Personal Information and Non-Identifying Information, when you interact with us and the Site, for example when you:
- access or use the Site;
- register, subscribe, or create an account with LBI;
- open or respond to our e-mails;
- contact customer service or use other customer support tools;
- provide information to enroll or participate in Other Programs provided on behalf of, or together with, Business Partners;
- visit any page online that displays our ads or content;
- purchase products or services on or through the Site;
- connect or link to any Site via social networking sites;
- post comments to Online Communities; and
provide information to our Vendors. This Privacy Statement does not apply to the collection of information in any way other than as listed above.
We may also collect personally identifiable information about you from third parties such as forums, instant messaging services, blogs, other users of our products and services and our business partners.
If you use any functionality on this Site allowing you to send content to a friend, then please be aware that: (a) we may display your email address to your friend; and (b) we may use information you provide about your friend to facilitate the communication and as otherwise set forth in this Privacy Policy.
We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.
We also may collect certain non-personally identifiable information (that is, generic information that does not identify you personally) when you visit the Website or any of our web pages. As you use the Internet, a trail of electronic information is left at each website you visit. This information (which is sometimes referred to as click-stream data) can be collected and stored by a website's server. Click-stream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to our Website.
We may use click-stream data and other non-personally identifiable information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout our Website and how we may tailor our web pages to better meet the needs of visitors. We sometimes may use the non-personally identifiable information that we collect to improve the design and content of our Website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our Website is used, as well as to offer you additional products, programs or services. We may share aggregate information with others, including our affiliates (Related Companies) and non-affiliated companies.
To enhance your online experience with us, we may use cookies. Cookies are text files placed on your hard disk by our web server to store your preferences. Cookies and similar tracking technologies, such as beacons, scripts, and tags, are small bits of code, usually stored on a user's computer hard drive or device, which enable a website to "personalize" itself for each user by remembering information about the user's visit to the website.Cookies, by themselves, do not reveal your email address or other Personal Information unless you choose to provide this information to us. However, once you choose to provide the Personal Information, this information may be linked to the data stored in the cookie. We use cookies as a convenient feature to save you time, to understand how our Website is used, to improve the content and offerings on our Website. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits. We also may use cookies to offer you products, programs or services within the site and on other sites you visit on the internet. You can opt to have your browser reject cookies. If you do that, you may need to re-register with us every time you visit our Website in order to participate in certain promotions and programs. You should also know that companies that may advertise on our Website (and their agents) might use their own cookies. This Policy does not cover how these companies use their cookies. Third party vendors, including but not limited to Google, Bing, Facebook, Yahoo may use cookies to serve ads based on user's prior visits to our website. Users may opt out of third party vendors such as Google's use of cookies by visiting the Google advertising opt-out page. We use cookies and similar tracking technologies to enhance your experience on our website. If you wish to opt-out of cookie-based tracking, please contact us at support@ladybug.com with the subject line "Cookie Opt-Out Request"
We use your information, including any personally identifiable information, to:
- Provide services requested by you;
- Provide customer support (including, responding to your requests), troubleshoot and resolve problems and
- disputes;
- Contact you to verify the information you provide to us;
- Understand and anticipate your needs and preferences;
- Ensure this Site is of interest to you (including, customization of advertising and content) and help us
- better understand your use of this Site;
- Protect the security and integrity of this Site;
- Conduct internal reviews of this Site and administer this Site's systems;
- Comply with, monitor compliance with and enforce this Privacy Policy, our Terms of Use and any other
- applicable agreements and policies;
- Develop, enhance and market our products and services or the products and services of third parties;
- Provide you with promotional materials, offers and personalized information;
- Manage our business and operations;
- Meet legal and regulatory requirements;
- Provide administrative communications to you;
- Use user-generated content as permitted in our Terms of Use; and
- For other purposes as may be disclosed when you provide personally identifiable information or in this
- Privacy Policy.
Under the California Consumer Privacy Act (CCPA), California residents have the right to opt-out of the sale of their personal information. If you wish to exercise this right, please contact us at support@ladybug.com with the subject line "Opt-Out Request". We will process your request within a reasonable timeframe.
LBI will retain your personal information as long as reasonably needed to provide you with our services or to comply with applicable law. We will also retain your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our contracts.
If you ask LBI to delete specific personal information from your customer account, we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.
Personal Information: You can make various choices about your customer account through the user portal, such as accessing it, correcting it or deleting it when you log into your LBI account. Any other requests about your data you cannot make through these self-service tools, you can request by emailing support@ladybug.com or contacting Customer Support.
Deactivating Your Account: If you wish to deactivate your account, you can do so by logging into your Ladybug.com account or by emailing us at support@ladybug.com.
Do Not Track: Do Not Track ("DNT") is an optional browser setting that allows you to express your preferences regarding tracking across websites. LBI does not have a mechanism in place to respond to DNT signals. LBI does track some activity across websites (including your search terms, the website you visited before you visited or used the Services, and other clickstream data) and we may continue to collect information in the manner described in this Privacy Statement from web browsers that have enabled DNT signals or similar mechanisms.
Promotional Communications: You can opt out of receiving promotional messages from LBI by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls, by texting STOP to (SMS CODE FOR LBI IF IT EXISTS), or by changing your notification settings by logging into your LBI user account. Opting out of receiving communications may impact your use of our services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
California Privacy Rights: California law permits residents of California to request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at the address listed below.
Cross border Data Transfer: Our Site is operated in the United States. If you are located outside the US, your Personal Data will be transferred to the US, a jurisdiction that may not provide an equivalent level of protection as your home jurisdiction. The cross-border transfer to the US is necessary for the conclusion or performance of a transaction that you are requesting, and/or for the establishment, exercise, and defense of legal claims. To the extent permitted by local law, your use of the Site or provision of any Personal Data constitutes your consent to the cross-border transfer of Personal Data and the other activities identified in this Privacy & Cookies Policy.
Except as permitted by law or as otherwise disclosed in this Policy, we will not share your Personal Information with any person or entity without your opt-in or opt-out consent, with the following exceptions:
- You may be given the option to complete a form on the Website to request information online about your eligibility. - We may collect your Personal Information from websites of our partners that are powered by LBI and share this information with them. - Social Media (e.g., Facebook or Twitter): If you are logged into a third party account, such as Facebook, and you access but are not logged into the Site, we may receive information from that third party account to make it easier for you to create an account on the Site and show you relevant content from others. This information personalizes your experience and helps you create an account. You can also connect your account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers. - We may also share your Personal Information with other partners that are acting as our agents and are bound contractually to use or disclose your Personal Information only in accordance with this Policy.
We will not share the Personal Information you provide except (a) as permitted by applicable law; (b) where such disclosure has been described on the Website or in this Policy or you have otherwise consented to such disclosure; (c) as a result of our belief that the disclosure may be permitted or required by law or may be necessary to protect our company or others from injury (e.g., in response to a court order or subpoena or law enforcement agency request or when we believe that someone is causing or may cause injury or is interfering with the rights or property of another); or (d) with third parties with which we contract to carry out our business activities (e.g., sending out a promotional item that you have qualified for on the Website, contacting you to complete your pending applications or purchases, or sharing information with our business partners in connection with the site that is powered by LBI and operated under another brand).
Except as otherwise indicated in this Policy, we will only supply your Personal Information to a third party with your opt-in or opt-out consent. In these cases, you will be given the option to opt in or opt out based upon information disclosed at the time your information is collected. If you do not opt in, or you opt out, your information will not be disclosed.
Finally, please note that the Personal Information you provide to the Website is considered a company asset and may be included among transferred assets if LBI, any of its Related Companies or any of their assets are ever acquired by a third party.
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the Personal Information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties that we share your Personal Information.
a) Personal Information Categories We Collect
We generally collect the following categories of Personal
Information about your when you use our Services:
· identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
· protected classifications, such as gender;
· commercial information such as records of products or services purchased, obtained, or considered by you;
· Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
· your geolocation, to the extent you have configured your device to permit us to collect such information;
· audio recordings of your voice to the extent you call us, as permitted under applicable law;
· professional or employment-related information; and
· inferences about your preferences, characteristics, behavior and attitudes.
We generally do not collect biometric information, or education-related information. For more information about the Personal Information we collect and how we collect it, please refer to the appropriate section herein.
b) Purposes for Processing Personal Information Under the CCPA
We collect your Personal Information for the business purposes described herein. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The following activities are considered “business purposes” under the CCPA: auditing related to a current interaction with the consumer and concurrent transactions, and auditing compliance with laws and other standards; detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, verifying customer information; repairing errors that impair existing intended functionality; Internal research for technological development; verifying or maintaining the quality or safety of, and improving, upgrading, or enhancing, a service or device that is owned, manufactured by, manufactured for, or controlled by the company.
c) Third Party Sharing
The categories of third parties with whom we may share your Personal Information are listed in the section entitled “Disclosure of Your Personal Information” herein.
d) CCPA Privacy Rights
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.
· Right Against Discrimination – You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
· Right to Know – You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
· Right to Delete – You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
To assert your right to know or your right to delete your Personal Information, please contact us at support@ladybug.com To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
· Right to Opt-Out of Selling – The CCPA broadly defines “personal information” and “selling” such that sharing identifiers and identifiers linked to you for a benefit may be considered a sale. You have the right to opt-out of having your Personal Information sold. We do not sell your Personal Information. However, in 2019, we were sharing identifiers and inferences about you with our business partners in such a way that, under the CCPA, may be defined as selling. As noted above, you have the right to know the categories of Personal Information that we sold about you and the categories of third parties with whom we shared such information.
e) Shine the Light Law
If you are a California resident you may request a notice from us describing what categories of Personal Information (if any) we have shared with third parties, including our corporate affiliates, for direct marketing purposes during the preceding calendar year. You may request such notice once a year and free of charge. To request a notice, please email us at support@ladybug.com. In your request, please specify that you want a “California Privacy Rights Notice.” We will respond to you with thirty (30) days or as permitted by law.
We may disclose your Personal Information as described below.
a) Within Our Corporate Organization
Ladybugs.com is a part of a corporate organization that has many legal entities, business processes, management structures and technical systems. Ladybugs.com may share your Personal Information with this organization in order to provide you with the Services and take actions based on your request.
b) Service Providers
We may employ third-party companies and individuals to facilitate our Services (“Service Providers”), provide the Services on our behalf, perform Service-related services or assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
c) Mergers and Acquisitions
If Ladybugs.com is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different privacy policy.
d) Disclosure for Law Enforcement
Under certain circumstances, Ladybugs.com may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Ladybugs.com may disclose your Personal Information in the good faith belief that such action is necessary to:
• comply with a legal obligation;
• protect and defend the rights or property of Ladybugs.com;
• prevent or investigate possible wrongdoing in connection with the Service;
• protect the personal safety of users of the Service or the public; and
• protect against legal liability.
Our Website may contain links to other websites operated by third parties (collectively, the Third-Party Sites). Such Third-Party Sites may have information practices that are different from those described in this Policy. You should check the other privacy notices made available on such Third-Party Sites.
On this Website, when you provide us with an email address for a referral, we may share your name and email address as well as the recipient's email address with a third party as necessary in order to provide this referral service. If you choose to use our referral service to tell a friend about our Website, we will ask you for your friend's name and email address. We will automatically send your friend an email inviting him or her to visit the Website. This third party stores this information for the sole purpose of sending communications and tracking the success of our referral program. You or your friend may contact us at support@ladybug.com, or use the link provided in each email, to request that we remove this information from our database.
From time to time we may supplement the Personal Identifiable Information you provide through our Website with information from other sources, such as information validating your address. Thus, information we obtain through our Website may be intermingled with and used in conjunction with information obtained through sources other than our Website, including both offline and online sources.
We maintain physical, electronic, and managerial procedures designed to comply with federal guidance to safeguard and help prevent unauthorized access to, maintain data security of and correctly use the Personal Identifiable Information collected through our Website. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from our Website may not be secure. When your Personal Identifiable Information is passed on to non-affiliated companies, to the extent practical, we require that they also have in place the appropriate safeguards. We cannot, however, guarantee that they do. Please keep these disclaimers in mind when disclosing any Personal Information via our Website.
This Site is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13 years of age, please do not send or post any information about yourself (whether your name, address, telephone number or e-mail address) to us or on this Site. In the event that we learn that we have collected personal information from a child younger than 13 years old, we will delete that information and terminate the child's account (if any). If you believe that a child has provided us with personal information without parental consent, please contact us at support@ladybug.com.
If you live outside the United States (including in the European Economic Area ("EE") and Switzerland ("CH") collectively the "EEA/CH"), and you use the Site or provide us with Personal Information directly via the Site, your information will be handled in accordance with this Privacy Statement. By using the Site or giving us your Personal Information, you are directly transferring your Personal Information and Non-Identifiable Information to us in the United States. The United States may not have the same level of data protection as your jurisdiction. However, you agree and consent to our collection, transfer, and processing of your Personal Information and Non-Identifiable Information in accordance with this Privacy Statement. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the Site or provide us with Personal Information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Statement.
We hope we can resolve any disputes relating to our data protection practices between us. You can raise your concern or dispute by emailing our Privacy Officer at support@ladybug.com or by writing to us at:
Ladybug.com Inc.,
1930 Veterans Memorial Highway Suite 12-436
Islandia, NY 11749
USA
For individuals in the EEA, you have additional rights to make a complaint to a competent data protection authority or commence proceedings in a court of competent jurisdiction in accordance with applicable data protection laws.
Last Updated: October 17, 2016
Ladybug.com, Inc. (“LBI”) makes the interactive online service, located at www.ladybug.com (the “Website”) available to its end users (“End Users”) in accordance with the terms and conditions of this end user agreement (the “Agreement”). The Website may only be used for lawful purposes to earn cash back rebates on completed travel bookings purchased through the Website.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.ladybug.com, including any content, functionality and services offered on or through this Website, whether as a guest or a registered user.
“You” and “your” refer to you, as a user of this Website. A “user” is someone who accesses, browses or otherwise uses this Website.
Please read the Terms of Use carefully before you start to use this Website. By using this Website, you accept and agree to be legally bound and abide by all Terms and Conditions contained herein; if you do not agree, do not access or use this Website.
This Website is a general audience site. We do not direct this Website or any of its content to users who are less than 13 years old. You must be at least 18 years old to use this Website, or you must be at least 13 years old and be using this Website with approval of, and under the supervision of your parent or legal guardian. If you are under 18 years old, be sure to get your parents or legal guardian to review and discuss these Terms of Use with you.
This Website also is only intended for use by residents of the United States or any of its territories or possessions. By using this Website, you are confirming that you meet all of the above requirements. If you do not meet all of these requirements, do not access or use this Website.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LBI WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website from that point going forward.
Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Once the claim has been submitted, you will receive confirmation of receipt by email. Claims will be screened for validity to ensure that the transaction made is a genuine travel booking. If a correctly verified booking is received by LBI during normal business hours, your cash back rebate will be processed the same day.
If an incomplete claim or an invalid booking confirmation number is received, a notification email will be sent to you with the opportunity for you to provide the required information within seven (7) days of the email being sent. If no reply is received within seven (7) days, then the claim for cash back will be deemed invalid and will be rejected. LBI reserves the right to reject incomplete, altered, illegible or false claims.
You will not be able to claim cash back on purchases/emails you have cancelled.
LBI reserves the right to audit all submissions to ensure that the terms and conditions of the cash back rebate claim have been met and to request additional information regarding any and all claims and supporting documents, including your reservation email booked with the travel supplier.
When you provide any requested claim information and/or documentation (“Documentation”) to this Website, you grant LBI, its affiliates and subsidiaries, a worldwide, non-exclusive, irrevocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Documentation in any media formats with any manner,Once the claim has been submitted, you will receive confirmation of receipt by email. Claims will be screened for validity to ensure that the transaction made is a genuine travel booking. If a correctly verified booking is received by LBI during normal business hours, your cash back rebate will be processed the same day.
If an incomplete claim or an invalid booking confirmation number is received, a notification email will be sent to you with the opportunity for you to provide the required information within seven (7) days of the email being sent. If no reply is received within seven (7) days, then the claim for cash back will be deemed invalid and will be rejected. LBI reserves the right to reject incomplete, altered, illegible or false claims.
You will not be able to claim cash back on purchases/emails you have cancelled.
LBI reserves the right to audit all submissions to ensure that the terms and conditions of the cash back rebate claim have been met and to request additional information regarding any and all claims and supporting documents, including your reservation email booked with the travel supplier.
When you provide any requested claim information and/or documentation (“Documentation”) to this Website, you grant LBI, its affiliates and subsidiaries, a worldwide, non-exclusive, irrevocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Documentation in any media formats with any manner, including without limitation to reproduce, transmit, adapt, distribute, or otherwise use the Documentation, and all the Documentation will not be returned. If you do not have authorization for the above right, please do not upload, transmit, input or provide Documentation to this Website. Submission of false, incorrect, misleading or fraudulent Documentation may result in disqualification from this cash back rebates program and future LBI cash back rebate claims.
Necessary adjustments may be applied to End User accounts at any time by LBI at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the cash back reward program. LBI reserves the right to terminate any account for abusive or fraudulent activity, or if the End User is no longer reachable at the e-mail address provided.
LBI's decision with respect to all aspects of the cash back rebate program will be final and binding.
To the fullest extent not prohibited by law and except as otherwise provided in any applicable additional terms and conditions, which may govern certain features of this Website, we reserve the right to withdraw or change this Website, any part of this Website, and any service or material we provide on this Website, temporarily or permanently, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users.
Making all arrangements necessary for you to have access to this Website; and
Ensuring that all persons who access this Website through your Internet connection are aware of these Terms of Use and comply with them.
To access this Website or some of the resources it offers, you may be asked to provide LBI with information about yourself. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You agree that LBI's collection, use and disclosure of any information you provide about yourself is governed by these Terms of Use and LBI's Privacy Policy, which is incorporated in these Terms of Use by this reference.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If contrary to these Terms of Use, you allow another person to use or access this Website under your account, you agree that you will be legally bound by the actions taken and the agreements made by such person under your account. You further agree that we may enforce such agreements or actions against you, whether made or undertaken by you directly, or by someone else with your account information and password.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Please refer to our Privacy Policy for information on how we collect, uses and disclose information from users of the Service. Note that if you give your permission, LBI may access your contacts from your mobile device's address book and from social media accounts in order to enable you to invite and share information with your friends and family. LBI may also collect your location information with your permission and may use this for purposes such as sending you notifications, information, advertising and deals that are relevant to your location. See our Privacy Policy for more information on these features and on how to disable them.
Except as otherwise provided in these Terms of Use, this Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LBI, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download, as applicable, one copy of a reasonable number of pages of this Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of this Website or any services or materials available through this Website, unless you are an Education Professional who has the express written permission of LBI.
We make some of the content on this Website available through Real Simple Syndication (“RSS”) feeds. You may access these feeds in order to display this feed content on your personal computer or application, only if (1) your use of the feeds is for personal use only, (2) your display of the feed links back to the relevant pages of this Website and attributes LBI as the source of the feed content, (3) your use or display of the feed content does not suggest that LBI or any of its affiliates promotes or endorses any third-party causes, ideas, products or services, or websites including your website, (4) you do not redistribute the feed content in any way or form, and (5) your use of the feeds does not overburden LBI's systems. We reserve all rights in the feed content and may terminate the feeds or use of the feeds at any time.
If you wish to make any use of material on this Website other than that set out in this section, please address your request to: support@ladybug.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by LBI. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The LadyBug.com, Inc. names, the term “Ladybug.com” and all related names, logos, product and service names, designs and slogans are trademarks of LBI or its affiliates or licensors. You must not use such marks without the prior written permission of LBI. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or soliciting them to submit their personal information or inappropriate content.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any“junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Ladybug.com Inc., a Ladybug.com employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm us or users of this Website or expose them to liability.
Use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website.
Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
Reverse engineer any portion of this Website.
Record, process, or mine information about other users of this Website.
Access, retrieve or index any portion of this Website for purposes of constructing or populating a separate database of user review or survey content.
Use any device, software or routine that interferes with the proper working of this Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material to this Website which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of this Website.
End User shall use the Website for non-commercial, lawful purposes only. End User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without LBI's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in LBI's discretion restricts or inhibits any other End User from using or enjoying the Website will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (a) distribution of unsolicited chain letters, (b) propagation of computer worms, viruses and other such malicious code, (c) using (directly or indirectly) the Website or its computer network to make unauthorized entry to any other machine accessible via the Website or its computer network and (d) using the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Website to become users of other on-line services competitive with the Website. Without limiting any other rights or remedies of LBI, violations of the foregoing may result in removal of violative communications and/or early termination of the End User's access to the Website.
LBI is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, LBI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of the Website, are those of the respective author(s) or distributor(s) and not of LBI. The content available through the Website may represent the opinions and judgments of the respective information provider, End User, or any other user not under contract with LBI. LBI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website. Under no circumstances will LBI be liable for any loss or damage caused by an End User's reliance on information obtained through the Website. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
Content or layout of the Website, individual elements of the Website design, photographs, as well as the infrastructure used to provide such content and information, in addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ladybug.com, Inc. and may not be copied, reproduced, redistributed, imitated or used, in whole or in part, without the prior written permission of LBI.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are used for identification purposes only and are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LBI.
This Website may contain hyperlinks to other websites operated by parties other than LBI. Such hyperlinks are provided for your reference only. LBI does not control such Websites and is not responsible for their contents. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
LBI's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Websites, you do so at your own risk.
In some cases, you may be asked by a third party site to link your profile on LBI to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LBI NOR ANY PERSON ASSOCIATED WITH LBI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LBI NOR ANYONE ASSOCIATED WITH LBI REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LADYBUG.COM, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. LADYBUG.COM, INC. DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THIS WEBSITE. LBI WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT LBI ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL LADYBUG.COM, INC., ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), UNDER ANY LEGAL THEORY (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE AND EVEN IF LBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LADYBUG.COM, INC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO U.S. $1.00
You agree to defend, indemnify and hold harmless LBI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney's fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, your User Contributions, any use of this Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.
All matters relating to this Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by LBI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LBI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by LBI) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. LBI does not make any claims concerning whether the Website may be accessed, viewed, or used outside the United States. End User acknowledges and agrees that all use of the Website from outside the United States is done solely at the risk of End User. Whether inside or outside the United States, End User is solely responsible for ensuring compliance with the laws of End User's specific jurisdiction. The section headings used herein are for convenience only and shall not be given any legal import.