THE BEATTHAT.COM WEBSITE IS OWNED AND OPERATED BY DIGITALADVISOR, LLC (“DIGITALADVISOR”). DIGITALADVISOR PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "TERMS OF USE"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with DigitalAdvisor or its affiliates for products, services or otherwise. DigitalAdvisor reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review these Terms of Use and the incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.
These Terms of Use apply to all users of the BeatThat.com website. Additional Terms of Use apply to Deal Finders, as that term is defined below. These Additional Terms of Use are set out in Section II of these Terms of Use.
Please refer to the BeatThat.com Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users. By using this Site, you expressly acknowledge and agree to the terms of the BeatThat.com Privacy Policy.
The BeatThat.com website is not a store and DigitalAdvisor does not sell, resell, or license any of the products displayed on the BeatThat.com website, nor does DigitalAdvisor act as an agent of sale. DigitalAdvisor disclaims all responsibility for or liability relating to any such products. If you have questions, or complaints related to any product, you should direct them to the appropriate third-party merchant offering such goods for sale, or to the manufacturer of those goods.
All prices shown on the BeatThat.com website are provided by its Deal Finders (described below), who locate the best deals from merchants all over the Internet. DigitalAdvisor is not responsible for the accuracy of this information.
All products linked on the BeatThat.com website are offered and sold by third-parties. DigitalAdvisor therefore is not responsible for the accuracy of the information displayed or the availability of any product advertised on any third-party website. DigitalAdvisor does not warrant the accuracy, completeness, or reliability of any information on the Site, including but not limited to product descriptions, prices, and reviews. DigitalAdvisor provides this Site and the information it contains for informational purposes only. DigitalAdvisor does not endorse any product or service, any merchant, or any reviews or comments regardless of the source.
DigitalAdvisor has no control over the business practices of any third-party merchant, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs between any BeatThat.com user and any third-party merchant. IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANY MERCHANT LISTED ON THE SITE, YOU RELEASE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITALADVISOR, ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH DIGITALADVISOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, you explicitly waive the rights granted to you under California Civil Code 1542, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
DigitalAdvisor developed BeatThat.com to make it easy to find the best deals on the Internet for the many products featured on the Site. DigitalAdvisor relies on its Deal Finders (described below) to scour the Internet in search of the best possible prices and provides incentives to its Deal Finders to find the best deals. In the unlikely event that you find a better deal elsewhere on the Internet for the exact same product shown on the Site (as determined by Model #, SKU, or Bar Code), DigitalAdvisor encourages you to register as a Deal Finder and to submit the deal you found so that you can receive any appropriate payment. Any such payment is conditioned on DigitalAdvisor’s ability to confirm the details of the deal, including the price and all other terms of the deal and to verify that the deal is better than that found on the BeatThat.com website at the time you submit the deal.
Except as expressly stated herein, DigitalAdvisor does not guarantee that the prices displayed on the BeatThat.com website are the lowest prices offered for the exact same products or services anywhere else, whether online or offline.
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content displayed on the Site, including, without limitation, the BeatThat! logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of DigitalAdvisor or its licensors or users and are protected by U.S. and international copyright laws. The Site and all Site Content is (C) 2008 DigitalAdvisor LLC All Rights Reserved.
DIGITALADVISOR, BEAT THAT!, BEATTHAT.COM, the Beat That logo, and the look and feel of the Site, including all graphics, icons, scripts, page headers, and layouts, are registered and/or common law trademarks and/or trade dress of DigitalAdvisor LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DigitalAdvisor.
All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DigitalAdvisor.
DigitalAdvisor grants you a limited, non-sublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Terms of Use, and specifically conditioned upon the following: (i) you may view, copy and print portions of the Site Content only for your own personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked "(c) 2008, DigitalAdvisor LLC All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, distribute, display, or prepare derivative works from the Site or Site Content, except as provided in these Terms of Use.
Any use of any portion of the Site or Site Content other than as expressly permitted by these Terms of Use, without the prior written permission of DigitalAdvisor is strictly prohibited, will terminate the license granted herein, and may also violate applicable laws, including but not limited to copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use confers any license to intellectual property rights, whether by estoppel, implication or otherwise. DigitalAdvisor may revoke this license at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify DigitalAdvisor against any liability to any person arising out of your use of Site Content not in accordance with these Terms of Use.
To request permission for uses of Site Content not included in the foregoing license, you may contact DigitalAdvisor as follows:
Director of Business Development
DigitalAdvisor LLC
14 Arrow Street, Suite 10
Cambridge, MA 02138, USA
E-mail: admin at digitaladvisor.com
You may not use any registered or common law trademark or service mark of DigitalAdvisor or any logo or other proprietary graphic of DigitalAdvisor to link to the Site without the express written permission of DigitalAdvisor. Further, you may not frame or utilize framing techniques to enclose any Site Content or any DigitalAdvisor trademark, service mark, logo or other proprietary information, without DigitalAdvisor's express written consent.
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. DigitalAdvisor does not monitor or control and makes no claim or representation regarding Third-Party Content or Third-Party Sites. DigitalAdvisor provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply DigitalAdvisor's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. DigitalAdvisor accepts no responsibility for the quality, content, policies, nature, or reliability of Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The Site may contain discussion forums, bulletin boards, or other methods by which you or third parties may post reviews of consumer electronics experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
DigitalAdvisor assumes no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DigitalAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DigitalAdvisor is not liable for any statements, representations or other Content provided by its users in any Interactive Area. Although DigitalAdvisor has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, DigitalAdvisor reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason. Should you wish to maintain a copy of any Content you post or store on the Site, you may do so at your own cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect DigitalAdvisor's systems and customers, or to ensure the integrity and operation of DigitalAdvisor's business and systems, DigitalAdvisor may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. DigitalAdvisor's right to disclose any such information shall govern over any terms of DigitalAdvisor's Privacy Policy.
Except as specifically indicated, by posting or distributing Content to or through the Site, you grant DigitalAdvisor and its affiliates (a) a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (b) the right to use the name that you submit in connection with such Content. Further, you represent and warrant that (a) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (b) such Content is accurate and not misleading; and (c) use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant DigitalAdvisor the right to pursue at law any person or entity that violates your or DigitalAdvisor's rights in the Content.
Content submitted by users is not confidential and DigitalAdvisor is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, DigitalAdvisor reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Except as otherwise expressly provided in these Terms of Use with respect to Deal Finders, DigitalAdvisor has no obligation to pay for Content that you submit or for the right to edit, delete or otherwise modify such Content. DigitalAdvisor shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by DigitalAdvisor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release DigitalAdvisor, and its licensees, successors and assigns, from any claims that you could otherwise assert against DigitalAdvisor by virtue of any such moral rights.
DigitalAdvisor may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, parties other than DigitalAdvisor, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. DigitalAdvisor is not 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 third-party advertisers on the Site.
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Director of Content
DigitalAdvisor LLC
14 Arrow Street, Suite 10
Cambridge, MA 02138, USA
Tel.: 617-864-3100
Fax: 781-864-3107
Email: copyrightissues at digitaladvisor.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, DigitalAdvisor has adopted a policy of terminating, in appropriate circumstances and at DigialAdvisor's sole discretion, subscribers or account holders who are deemed to be repeat infringers of any copyright. DigitalAdvisor may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to DigitalAdvisor, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DigitalAdvisor.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING, THE SITE, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGITALADVISOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, AND CONTENT ON THE SITE. DIGITALADVISOR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.
DIGITALADVISOR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS IN ANY SITE CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT RELATING TO PRICING.
WHILE DIGITALADVISOR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, DIGITALADVISOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO SELECT, PURCHASE, AND USE SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST DIGITALADVISOR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, OR THE SITE CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT DIGITALADVISOR HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER DIGITALADVISOR NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM DIGITALADVISOR OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGITALADVISOR'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGITALADVISOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DIGITALADVISOR FOR ACCESS TO OR USE OF THE SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site (excluding any linked Third-Party sites) is controlled by DigitalAdvisor LLC and operated by DigitalAdvisor LLC from its offices in and around Cambridge, Massachusetts. While DigitalAdvisor has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and DigitalAdvisor both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and DigitalAdvisor explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. You agree that any claims you may have against DigitalAdvisor LLC arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, covenant not to assert any objection to proceeding in such courts, and you expressly waive any right to proceed in any other court. If you choose to access the Site from locations other than Massachusetts, you will be responsible for compliance with all local laws of such other jurisdiction.
Notwithstanding any provision of these Terms of Use, DigitalAdvisor reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) limit, block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms of Use or your use of the Site, please submit them to us via email (address listed above).
All of the Terms of Use described in other sections of these Terms of Use apply to Deal Finders. In addition, the following Additional Terms of Use apply to Deal Finders. The term “Deal Finders” means any person that has registered with BeatThat.com in order to provide pricing information for any product.
By registering as a Deal Finder, you expressly acknowledge and consent to the Terms of Use, these Additional Terms of Use, and the BeatThat.com Privacy Policy as that Policy may be amended from time to time.
To become a BeatThat.com Deal Finder, you must first register here. To register as a Deal Finder, you must provide a user name, a password, a valid email address, and verifiable PayPal account information (so that we may pay you for the deals you submit). YOU MAY REGISTER AS A DEAL FINDER ONLY ONCE. DIGITALADVISOR ACTIVELY WORKS TO IDENTIFY PERSONS WHO HAVE REGISTERED MORE THAN ONCE AND RESERVES THE RIGHT TO TERMINATE ALL SUCH REGISTRATIONS IMMEDIATELY AND WITHOUT PRIOR NOTICE. IF YOU REGISTER MORE THAN ONCE, YOU EXPLICITLY FORFEIT AND WAIVE ALL PAYMENTS THAT WOULD OTHERWISE BE DUE FOR DEALS YOU SUBMITTED THROUGH ANY ACCOUNT. YOU FURTHER WAIVE AND COVENANT NOT TO SUE DIGITALADVISOR ON ANY CLAIM RELATED TO OR ARISING OUT OF YOUR REGISTRATION AS A DEAL FINDER, THE CANCELLATION BY DIGITALADVISOR OF ANY REGISTRATION, OR ANY PAYMENTS YOU ALLEGE ARE DUE AS A RESULT OF ANY DEALS THAT YOU HAVE SUBMITTED.
All Deal Finders are considered “Rookies” until a DigitalAdvisor employee has verified and approved as many submitted deals as DigitalAdvisor in its discretion may deem necessary before promoting a Rookie Deal Finder to a Full Deal Finder. Rookie Deal Finders will receive payments for the approved deals that they submit.
After DigitalAdvisor has reviewed and approved a sufficient number of submitted deals, we may send you an email invitation to become a Full Deal Finder. Full Deal Finders enjoy greater privileges and benefits than Rookies. Deals submitted by Full Deal Finders become visible to BeatThat.com users immediately, subject to verification by DigitalAdvisor. Full Deal Finders receive occasional emails about special deal opportunities. They also have access to an exclusive forum with access to staff and other Full Deal Finders. The decision to invite you to become a Full Deal Finder is within the sole discretion of DigitalAdvisor. There is no obligation to accept that invitation. However, if you do not, then you will continue to be a Rookie Deal Finder subject to the limitations described above.
In the event that the deals you submit result in payments in excess of $600 per calendar year, you will have to provide DigitalAdvisor with a completed and signed IRS Form W-9 so that we may comply with our legal obligations. This form may be downloaded here. This information will be kept in accordance with the BeatThat.com Privacy Policy, which may be found here below. Deal Finders who are not United States citizens/residents must submit a properly completed IRS Form W-8BEN, available here. You must provide a new W-9 Form or W-8BEN Form for each calendar year in which payments for deals you submit exceed $600 per year.
IF YOU DO NOT COMPLETE AN INTERNAL REVENUE SERVICE FORM W-9 BEFORE EARNING $600 IN ANY CALENDAR YEAR AND YOU HAVE NOT PROVIDED SATISFACTORY PROOF, INCLUDING BUT NOT LIMITED TO AN IRS FORM W-8BEN, THAT YOU ARE NOT A CITIZEN OR RESIDENT OF THE UNITED STATES OR ITS TERRITORIES AND POSSESSIONS, THEN YOU WILL FOREVER FORFEIT AND WAIVE ANY CLAIM TO PAYMENT IN EXCESS OF $600 PER CALENDAR YEAR FOR ANY DEALS THAT YOU HAVE SUBMITTED.
All Deal Finders are presumed to be citizens or residents of the United States or its territories and possessions subject to the above requirements unless satisfactory proof to the contrary is provided to DigitalAdvisor before the total payments earned by that Deal Finder reach the $600 aggregate total for each calendar year. IF YOU DO NOT COMPLETE AN INTERNAL REVENUE SERVICE FORM W-8BEN BEFORE EARNING $600 IN ANY CALENDAR YEAR AND YOU HAVE NOT PROVIDED SATISFACTORY PROOF THAT YOU ARE NOT A CITIZEN OR RESIDENT OF THE UNITED STATES OR ITS TERRITORIES AND POSSESSIONS, THEN YOU WILL FOREVER FORFEIT AND WAIVE ANY CLAIM TO PAYMENT IN EXCESS OF $600 PER CALENDAR YEAR FOR ANY DEALS THAT YOU HAVE SUBMITTED. Satisfactory proof that you are not a citizen or resident of the United States or its territories and possessions may include, but is not limited to, a properly completed Form W-8BEN. DigitalAdvisor has the sole discretion to determine whether satisfactory proof has been provided, and you agree that you will not challenge any such determination in any court of law.
BY REGISTERING AS A ROOKIE OR A FULL DEAL FINDER, YOU REPRESENT AND WARRANT THAT ALL INFORMATION THAT YOU PROVIDE IS COMPLETE AND ACCURATE. IN THE EVENT THAT ANY INFORMATION YOU PROVIDE CHANGES, YOU AGREE TO UPDATE YOUR DEAL FINDER PROFILE TO REFLECT THE THEN-CURRENT INFORMATION.
To be eligible for payment all deals submitted by a Rookie or Full Deal Finder must satisfy the following requirements:
By submitting a deal, you certify that the deal will not infringe or violate the rights of any other party or breach any contract or legal duty to any other party, or violate any applicable law. It is your responsibility to determine and comply with any requirements and limitations imposed by the seller offering the deal. For example, if the seller provides a particular price only if the purchaser enters the seller’s website through a specific link, then the information you provide must include that link. As an additional example, if the deal you submit requires the use of a coupon code then you are required to comply with the terms of that coupon code if any, including any restrictions on the distribution or posting of that coupon code online.
No payments will be made for any deal submitted that does not comply with each of the foregoing requirements, and any claim for payment for any non-compliant deal is forever forfeited and waived. DigitalAdvisor has the sole right in its discretion to determine whether a deal complies with each of the foregoing requirements.
DigitalAdvisor LLC values your right to privacy. This Privacy Policy is effective March 1, 2008 and describes the types of information that BeatThat.com gathers from visitors and how that information is used. DigitalAdvisor reserves the right to modify this Privacy Policy at any time. The currently operative Privacy Policy will always be available by clicking on the Privacy Policy link on the BeatThat.com home page. Please read this policy carefully and, if you have any questions, please send e-mail to admin at digitaladvisor.com.
We do not collect any personally identifiable information unless you specifically provide it to us. You may provide such information to us by registering as a Deal Finder or by otherwise specifically providing such information to us. If you do not specifically provide personally identifiable information to us, then we do not have it.
Unregistered Users
We collect certain information necessary to assist us in operating the BeatThat.com website. We log your IP address to assist us in diagnosing server problems, administering our website, and tracking usage statistics. Your IP address is provided to you by your Internet Service Provider and may be constant or may vary each time you access the Internet, depending on the type of Internet service you have. We do not try to identify you through your IP address and it would be extremely difficult for us to do so.
If you click through to the BeatThat.com website from another website, then we collect that information. This helps us learn where our visitors are coming from and helps us make the BeatThat.com website even better. All such information is collected and used only in the aggregate and although we can generate reports to help us understand the information as a whole, we cannot generate reports about specific users. If you have provided personal information to another website from which you click through to the BeatThat.com website, then you should review the privacy policy of that website to determine what information that website collects and how it is used. At present, the BeatThat.com website does not receive any personal information you may have provided to any website not operated by DigitalAdvisor and we have no plans to do so. If our plans should change, we will modify this Privacy Policy to reflect that change before any change is implemented, and any such personal information would be subject to this Privacy Policy.
We may place small files known as “cookies” on your computer’s hard drive to help us learn about how visitors use our website and to provide our users with a better experience. A cookie may, for example, contain certain information that allows us to track your path through the BeatThat.com website and to determine whether you are a return visitor. Cookies do not permit us to personally identify you and cannot access any other data on your computer. Your web browser may provide a way for you to refuse cookies and you are free to do so without affecting your ability to access the BeatThat.com website. However, you will lose the ability to personalize your experience on the BeatThat.com website, including the ability to “watch” products, to post comments or reviews, and to otherwise participate in any of our Interactive Areas. Cookies are harmless, so we encourage you to allow us to place one on your computer so that you can reap the full benefits of the BeatThat.com website.
Registered Users
You may choose to register with BeatThat.com. Registration has many benefits, including the ability to post product and seller reviews and other comments, the ability to personalize the website to best serve your needs (e.g., to set up price watches for products you are interested in or to receive email alerts or newsletters), the ability to vote on deals and the ability to participate in other Interactive Areas of the BeatThat.com website. If you choose to register, then you will provide certain information to us. That information may or may not be personally identifiable. For example, you may be required to provide a username and password, but as long as your username is not your real name, we will not be able to identify you personally.
Deal Finders
If you choose to register as a Deal Finder, we will collect certain information from you – if we did not, then we could not pay you for the deals you submit! As part of your initial registration as a Deal Finder, you will be required to provide a working email address and valid PayPal Account information. It is not necessary to tell us your real name at this time, as we do not need that information in order to pay you through your PayPal account.
If you submit lots of deals to the BeatThat.com website and the payments you earn exceed $600 in any calendar year, then you will be required to register as a Full Deal Finder. This is the only time in which we will collect personally identifiable information from you. We are required to collect this information in order to comply with Internal Revenue Service regulations and to satisfy our obligation to report payments exceeding that amount. The information we will collect from you is the information required in the IRS Form W-9, which is available here. That information includes your real name, current address, and your Social Security or Taxpayer Identification Number. We will provide this information to the IRS as required to comply with United States tax laws. Deal Finders that are not citizens or residents of the United States or its territories or possessions and who submit deals for which they receive more than $600 per calendar year will be required to complete an IRS Form W-8BEN, available here. The information required by the Form W-8BEN includes your real name and current address. We are not required to provide this information to the IRS except as part of an audit or other review of our records by the IRS to determine our compliance with the law.
Disclosure of Personal Information
Simply put: We do not disclose your personal information to any third party, except as may be required by law. We do not sell or rent any personally identifiable information to any third party. We may share personally identifiable information with third-parties that we specifically engage to provide services to DigitalAdvisor or to the BeatThat.com website such as market research, marketing services, and advertising agencies, but in those circumstances we will require those parties to use that information solely for the purpose of providing those services to DigitalAdvisor or the BeatThat.com website.
DigitalAdvisor must cooperate with legal authorities, and may be required to disclose personally identifiable information in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. In the unlikely event that this should happen, we will provide only the information we must provide. We may also disclose personally identifiable information if we believe we must in order to prevent a violation of the law. By using the BeatThat.com website and by providing personally identifiable information to us, you consent to our doing so, in our sole discretion. You also agree that we may disclose personally identifiable information in the course of legal proceedings, if we reasonably believe that doing so might mitigate our liability or assist us in enforcing our legal rights. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of bankruptcy.
Collection of Personally Identifiable Information by Third-Party Sites.
The BeatThat.com website contains links to web sites of third parties, including sellers of the products shown on the BeatThat.com website. When you leave our website for a third-party website, we do not send any personally identifiable information to that website. However, we have no control over any third-party website or over any personally identifiable information that any third-party website may collect from you. For example, if you locate a deal on the BeatThat.com website and click through to a third-party website to purchase a product, you will be providing personally identifiable information, which may include your name, address, and credit card information, to that third-party website. Before providing any personally identifiable information to any such third-party website, you should review that website’s terms of use and privacy policy and make sure that they are acceptable to you.
How to review and update your personal information.
You can review and update the personal information you have provided through the registration process by visiting your profile (after registration).
How we protect your personal information.
DigitalAdvisor takes reasonable steps and complies with all applicable laws to protect your personally identifiable information. However, it is possible that third parties may unlawfully intercept transmissions of personal information, or otherwise access that information. In the unlikely event that someone should gain access to personally identifiable information, DigitalAdvisor will comply with any applicable laws on the notification of persons affected by the disclosure of personally identifiable information.
Children’s Privacy
This website is a general audience site, and we do not knowingly collect information about children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
Changes to this Privacy Policy.
We reserve the right to change this policy. If we make material changes that will affect personal information we have already collected from you, we will make reasonable efforts to notify you of the changes and to give you the opportunity to amend or cancel your registration.