TERMS OF SERVICE

TERMS OF SERVICE 

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

 

This Agreement constitutes a legally binding agreement between each individual who enrolls in any Program ("Member") or uses any one of the Company's Assets. If you are a Member or use any Company Property,

 

YOU AGREE THAT YOU HAVE READ, UNDERSTAND THIS AGREEMENT AND AGREE TO BE BASED BY ALL TERMS AND CONDITIONS OF THE CONTRACT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, STOP PARTICIPATION AND USE OF THE PROGRAM(s) AND TERMINATE YOUR PROGRAM ACCOUNT IMMEDIATELY.

YOU AGREE TO THE TERMS OF COMPULSORY PERSONAL ASSISTANCE DISCLOSURE AND CLASSIFIC SUCCESS/TRADE TASS, FULL DESCRIPTION IN SECTION 4 BELOW, TO RESOLVE EVERY COMPANY OF THE COMPANY, SUBJECT MAY BE TAKEN TO COURT OF SMALL CLAIMS AT EXCLUSIVE LOCATION AS PROVIDED IN SECTION

 

1. CHANGES TO TERMS AND CONDITIONS

 

1.1 The Company may at its sole discretion modify, update, add, discontinue, delete or change these Terms and Conditions at any time. Each such amendment shall be effective immediately upon notification to you. The Company may provide you with notices, including those regarding changes to these Terms and Conditions, via website, email, regular mail, text message, message in-app messaging or other reasonable means currently known or later developed.

 

1.2 Your continued use of Company Property following any such notice constitutes your acceptance of such modifications and agreement that you are bound by these Terms and Conditions. If you do not agree to any modification to these Terms and Conditions, your sole remedy is to terminate your Account by accessing the Account Privacy Preferences. . The latest version of these Terms and Conditions will be available on our website and supersedes previous versions.

 

2. PROGRAM ACCOUNT

 

2.1 Our plan is not available and should not be accessed or used by residents outside of the 50 States or Washington DC. To become a Member, you must be 18 years of age or older and provide your email address and password in order for the Company to create a Program account (“Account”) for you. Each person is limited to one Account. To redeem certain offers and promotions, and to use services offered by our other Programs, you may choose to provide us with additional information. Information that you submit through one of our Programs may be saved and available for you to use in our other Programs, including but not limited to any payment card information which save. Any and all information collected from you will be subject to our Privacy Policy, which is included here for reference.

 

3. UNOFFICIAL DISPUTE SETTLEMENT

 

3.1 We would like the opportunity to address your concerns without the need for a formal legal action. Before submitting a claim against the Company, You agree to informally attempt to resolve the dispute by submitting your request through our Member Services page. Please make sure to select “It's something else” in the Subject of your request. We will attempt to informally resolve the dispute by contacting you in writing via email. If the dispute is not resolved within 30 days of submitting this form, you or the Company may file a formal action.

 

4. SETTLEMENT OF DISPUTES BY BONDING AGREEMENT; COLLECTIVE ACTION DISCLAIMER

 

4.1 You and the Company agree to arbitrate any and all disputes, claims or controversies arising out of, in connection with or in connection with this Agreement, the Company's business, any any Program or Property of the Company and its relationship with you, including any claims that may arise following termination of this Agreement. This arbitration agreement covers any claims against employees, agents or any subsidiary of the Company. Arbitration is a less formal method of resolving claims than traditional proceedings in state or federal courts. It uses neutral arbitration instead of a judge or jury, and the arbitrator's decision can be subject to limited review by the courts.

 

4.2 All disputes relating to arbitration of claims (including disputes over the scope, interpretation, violation, applicability, enforceability, revocability or validity of the Agreement) agreement) will be decided by the arbitrator. The arbitrator will also decide whether any claim can be submitted to arbitration. You further agree that the United States Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement for arbitration.

 

4.3 CLASSIFICALLY COMPLAINTS: YOU AND THE COMPANY ALWAYS AGREE THAT EVERYONE WILL BE DISCLOSURE OF THE BOARD's RIGHTS OF COMPLAINTS AND THAT EVERYONE MAY BRING A COMPLAINT TO THE OTHER COMPANY, ANYONE WILL BE AGREED NOT A POLICANT OR A CLASS MEMBERS OF ANY CLASS WITH THE MEANING OF PROCEDURES OR REPRESENTATIVE PROCEDURES, COMBINED PROCEDURES OR SEPARATE LAW PROCEDURES .

This means that neither you nor the Company can seek to assert class action or representation claims against each other in court or arbitration and no remedy can be awarded on a collective basis. entity or representative. The arbitrator may also not merge or combine someone else's claim with yours or issue an order that will achieve the same result. You and the Company also agree that if the provisions of this paragraph, referred to as “Classroom Immunities,” are held to be unenforceable, that provision cannot be severable from the arbitration agreement. this and all mandatory arbitration provisions will be void.

 

4.4 To the extent possible under your local law, the arbitration will be administered by JAMS in accordance with the Comprehensive Arbitration Rules and Procedures and the Expedited Procedures contained in those rules or under the Arbitration Rules and Procedures JAMS Streamline (“Rules”). Arbitrators are bound by the terms of this Agreement. If your claim at arbitration is less than $10,000, the Company will reimburse you for the filing and arbitration fees at the conclusion of the proceedings unless the arbitrator considers your claim to be frivolous. The sole venue for any dispute or matter arising out of this Agreement shall be held in San Francisco County, California.

 

4.5 Notwithstanding any provision to the contrary in this Agreement, you agree that if we make any material future changes to this arbitration provision, you may refuse any changes by giving us written notice within thirty (30) calendar days of the change to the Performance of Rakuten Marketing, Inc. DBA Rakuten Rewards, 800 Concar Drive, Suite 175, San Mateo, CA 94402, Attn: Rakuten Rewards Legal. However, your decision to reject the changes to the new arbitration clause does not affect any previous arbitration clause you have agreed to, which will remain in effect.

 

4.6 This arbitration clause is optional. You may refuse or opt out of arbitration under this agreement by providing signed and written notice to Rakuten Performance Marketing, Inc. date of registering as a Member or accessing Company Assets for the first time.

 

4.7 An award on an arbitral award may be entered in a court of competent jurisdiction, or an application may be made to that court for the acceptance of any award and enforcement order, as the case may be. .

 

5. PROGRAM LICENSE

 

 

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

 

6. PROGRAM LIMITS

You agree that you will not and will not allow others to: (i) unreasonably damage, interfere with or overload Company Property; (ii) insert into Company Assets any code intended to circumvent the Program; (iii) change or delete any information, data, text, links, images, software, chats, communications and other content available through Company Assets (collectively, “Contents”) content”); (iv) access Company Programs or Properties by means of expert systems, electronic agents, “bots” or other automated means, or frame the Company Program or Properties in any application any; (v) use scripts or disguised redirects to obtain financial gain from the Company; (vi) modify, reverse engineer, reverse engineer, decompile, copy or derive the source code of any Company Property for any reason; (vii) rent, sale or sublicense of any Company Property; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access Confidential Content through Company Property; (x) interfere with the operation of the Program, including, but not limited to, the distribution of advertising or unsolicited mail and the propagation of computer worms and viruses; (xi) post any material of any kind on Company Property or within the Program that is defamatory, obscene or illegal, or otherwise violates the privacy or publicity rights of any party which third; (xii) in any way infringe the patents, copyrights, service marks, trademarks or other intellectual property rights of any third party or misappropriate the trade secrets of any party any third party in connection with your use of the Program or Company Property; (xiii) engage in any activity that does not comply with applicable laws and regulations or engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use manual or automated software, equipment or other processes to "scrape", "crawl", "spider" or index any page of Content from the Company's Properties company.

 

7. CHILD PROGRAM

 

7.1 Refund. We offer Members the ability to earn cash back (“Cash Back”) when their purchases are completed through Company Assets. The Company receives remuneration for referring buyers to retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). The Company offers a portion of this fee to its Members in the form of Cashback. The compensation received by the Company can play a role in whether retailers and products appear on our website, where they are located and how we promote them to you. Participation in this Program and the opportunity to earn Cashback are provided at the sole discretion of the Company and subject to your compliance with this Agreement. Online Refund. To earn Cashback online, you must register for an Account, log in to one of the Company Properties, use the shopping links in the Company Properties and complete your purchase within same shopping session that you started after clicking the shopping link. If you visit other websites before completing your purchase or use a coupon not provided by the Company, your purchase may be linked to a service other than the Company and you may Refunds are not possible upon purchase. If you disable “cookies” on your computer so that cookies do not work when you complete a purchase, you will not be able to receive a Refund because cookies are used to authenticate users and verify successful Accounts. Their members are eligible for Cash Back.

 

7.2 Browser Extensions. The Company may provide browser extensions to enhance your Cashback shopping experience (“Browser Extensions”). Your use of the Browser Extension is subject to Rakuten's Refund Button Privacy Notice and will govern to the extent they differ from this Agreement.

 

7.3 Gift card store. The Company may offer a gift card purchase website (“Gift Card Store”) to enable you to purchase gift cards from retailers, merchants and other partners (“Card Issuers”). gifts”) participate. The Company is not the credit card issuer or merchant for any gift card purchases made through the Gift Card Store and the Company shall not accept any liability. for any gift cards you purchase through the Gift Card Store. All gift card purchases made through the Gift Card Store are subject to the applicable gift card issuers' policies, including but not limited to shipping, rights privacy and current refund. Please review all applicable Gift Card Issuers policies and redemption instructions prior to purchase. Your use of the Gift Card Store is subject to the Gift Card Store Terms of Sale and any other terms accompanying each gift card offer and shall govern to the extent they differ from this Agreement. . Gift card purchases are subject to daily limits, as determined by the Company in its sole discretion.

 

8. CASH REFUND EXCLUSIONS

 

8.1 CASH REFUND ON YOUR NETWORK PURCHASE, EXCLUDING TAXES, FEES, SHIPPING, GIFT PACKAGE, DISCOUNT OR CREDIT, RETURN OR CANCELLATION AND WARRANTY. EXCEPT GIFT CARD BUYS THROUGH QUALITY GIFT CARD SHOP FOR CASH REFUND, GIFT CARD PURCHASES MAY NOT BE ELIGIBLE FOR FULL FULL Refund ENDOW. REFUND AMOUNT Varies BY STORE LINKED AND PRODUCT TYPE AND MAY CONTAIN EXCLUSIONS IN THE TERMS OF THE OFFER AND THE APPLY STORE PAGE. PLEASE READ THIS TERMS CAREFULLY.

 

9. STORE POLICY

 

9.1 A product purchased from any Affiliate Store, whether online or in-store, is governed by and subject to applicable Affiliate Store policies, including return and shipping policies. current transfer. You agree that we are not an agent of any Affiliate Store and that the Affiliate Store operates independently and is not under our control. Accordingly, your participation in offers or promotions or correspondence with any Affiliate Store is solely between you and such Affiliate. We assume no liability, obligation or responsibility for any part of such correspondence, offer or promotion, including but not limited to revoking or modifying any offer. any such offer or promotion. The Company is not responsible for changes to or discontinuance of any Affiliate Store or for any Affiliate Store withdrawal from the Program,

 

10. BONUS AND OTHER BONUS

 

10.1 The Company periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. Participation in our Refer a Friend Program is limited to members located in the 50 states or Washington DC and is subject to our Referral Program Terms. Both the referrer and the referrer must be located in the 50 US or Washington DC to be eligible for the referral bonus or sign up bonus. Bonus offers cannot be stacked. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All bonuses and rewards are subject to review. The Company reserves the right to withhold, refuse or cancel any bonus and/or bonus and/or terminate your Account if the Company, in its sole discretion, considers your redemption of any bonus and/or rewards that are fraudulent, abusive, unethical, questionable or otherwise inconsistent with our Referral Program Terms, this Agreement or any applicable law or regulation other. The decision of the company is final.

 

11. CASH REFUND PAYMENT AND OTHER BONUS

 

11.1 Requirements.As a condition of payment of Cumulative Cashback or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and can receive emails with; (iii) provide a password to protect your Account; and (iv) provide your physical address and valid PayPal email address to receive payments. If you choose to receive payments via PayPal, you may not use a PayPal account associated with another Program Account. Unable to connect a single PayPal email address to multiple Program Accounts. In addition, you must not be a resident of a country subject to economic or trade sanctions by the U.S. Department of State or the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). listed as "Specially Designated Country", "Specially Designated Country". Designated as a global terrorist,

 

11.2 Cash Refund Payment. The minimum payout amount for Cashback and other Cashback Program rewards is $5.01. A balance of less than $5.01 remains in your Account so it can be paid in the next billing period. The Company pays its members in US dollars through check, PayPal or other payment options as the Company may make available from time to time. Members can select or change their payment preferences in the account settings through the Company Properties. The Company pays its Members the Cashback related rewards and the Cash Back Program accrued according to the current payment schedule. Please note that accrual rates vary depending on the Affiliate Store's policy and reporting schedule. For example, Refunds for travel-related purchases usually don't accrue until the trip is complete. The Company reserves the right to delay payment for any purchase based on the Company's suspicion or discovery of fraud with your Account, the misallocation of your Cashback rewards by the Affiliate Store , any anomalies detected by the Company with your account, changes to the Affiliate Store's policies at any time. The Company also reserves the right to modify the payment schedule at any time. The Company is not responsible for payments sent to the wrong address through no fault of the Company or for payment errors made by payment partners, such as PayPal. If your check expires without being cashed or deposited, or if the check is returned to the Company without being cashed,

 

11.3 Gift Cards. The Company may periodically offer gift cards in connection with promotions or as an option in exchange for your Cashback. Gift cards are subject to the gift card issuer's terms and conditions and applicable Affiliate Store policies. The Company is not responsible for lost or stolen payments, including gift cards. Sign-up rewards gift cards are issued as physical gift cards, require a US address, and are redeemable only within the US (excluding US territories).

 

11.4 Contributions. The Company may offer you the opportunity to donate some or all of the proceeds of your Cashback to a charity. Rakuten does not charge any fees for this service nor does it take any percentage of the Cashback amount donated. Contributions through Rakuten are not tax deductible.

 

11.5 Adjustment of Account. We may, in our sole discretion, deduct a Refund from your account to accommodate returns and cancellations for Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Company policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. onion. It is at the sole discretion of the Company to determine whether a purchase made through an Affiliate Store is eligible for a Refund. If the Affiliate Store fails to report a transaction to the Company or fails to pay the Company for any reason, the Company reserves the right to cancel the Refund in connection with such transaction. It is your responsibility to check your Account regularly to ensure that the Cashback has been properly credited and paid and that your Account balance is correct. If you believe that the Cashback has not been correctly credited to your account, you must contact the Company's Member Services within ninety (90) days of the transaction. In addition, the Company may adjust the account for any Cashback that the Company, in its sole discretion, considers fraudulent, abusive, unethical, questionable or inappropriate. Referral Program Terms, this Agreement or any other applicable law or regulation. The decision of the company is final. If you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account. you must contact the Company's Member Services within ninety (90) days of the transaction. In addition, the Company may adjust the account for any Cashback that the Company, in its sole discretion, considers fraudulent, abusive, unethical, questionable or inappropriate. Referral Program Terms, this Agreement or any other applicable law or regulation. The decision of the company is final. If you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account. you must contact the Company's Member Services within ninety (90) days of the transaction. In addition, the Company may adjust the account for any Cashback that the Company, in its sole discretion, considers fraudulent, abusive, unethical, questionable or inappropriate. Referral Program Terms, this Agreement or any other applicable law or regulation. The decision of the company is final. If you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account. This Agreement or any other applicable law or regulation. The decision of the company is final. If you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account. This Agreement or any other applicable law or regulation. The decision of the company is final. If you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.

 

12. MAINTENANCE OF DEPOSIT ACCOUNT

 

12.1 Update your account. You agree to keep your Account information current, complete and accurate by periodically updating it through Company Properties. You must log in to the Company and enter your password to change your Account information and payment preferences. You can check the status of your Account and recent purchase and/or monetization history at any time through the Company Properties. You will keep your Account information confidential, including the username and password with which you access the Program. Any use of your username and password will be deemed your use and the Company reserves the right to act on the instructions received under your password and is not responsible for any any credit or debit to your account by someone else using your password. If there is a security breach through your Account, you will immediately change your password and notify us of the breach. You agree that, unless you have immediately notified us of any such breach, we will assume that any instructions transmitted using your username and password are yours. and have been authorized by you, and we will have no obligation to investigate the legality of that. instruction.

12.3 Fraudulent activities. We reserve the right to investigate any purchase, referral or interaction with any Company Property that we believe, in our sole discretion, to be abusing or abusing the Program. submit. We reserve the right to cancel any Cashback, prohibit other Cashback bonuses and/or bonuses, and/or terminate any Member Account that we deem, in our sole discretion. we, are abusing or have abused the Program, including, but not limited to, by participating in a product return model after the respective Cashback has been credited or made referrals cheat by creating multiple Accounts. Multiple Accounts created in the Refer a Friend Program with the same name, address, email address or other identifier may be flagged as referral fraud. Any failure to comply with this Agreement, any fraud or abuse in connection with the accumulation or receipt of Cashbacks or other rewards and bonuses, or any misrepresentation of any information provided to the Company by you or anyone acting on your behalf may result in termination of your Account and forfeiture of any accrued Return Rewards. If the Company has any reason to suspect fraudulent activity in connection with your Account, the Company reserves the right to delay or withhold the Cashback payment. Any suspected or actual instances of fraudulent activity will be reported and reviewed according to our fraud process. The decision of the company is final. If the Company has any reason to suspect fraudulent activity in connection with your Account, the Company reserves the right to delay or withhold the Cashback payment. Any suspected or actual instances of fraudulent activity will be reported and reviewed according to our fraud process. The decision of the company is final. If the Company has any reason to suspect fraudulent activity in connection with your Account, the Company reserves the right to delay or withhold the Cashback payment. Any suspected or actual instances of fraudulent activity will be reported and reviewed according to our fraud process. The decision of the company is final.

 

13. GET NOTIFICATIONS

 

13.1 By registering as a Member, you agree to receive communications and notifications via email. Our communications may be related to accounts and memberships (e.g. we have added funds to your account, a purchase has been made, we will mail you a check on certain dates, etc) as well as recurring shopping -relevant emails highlighting coupons and special offers for Corporate Members. We may contact you about the Program by email or direct mail using the information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide to you in writing or otherwise. You agree to notify us of your current email address if that changes after the date you become a Member. We may also send you push notifications if you install the mobile app. If you choose to provide us with a mobile phone number, we may use that number to contact you when you perform an account update or for account recovery purposes. You may receive periodic messages from us during such account changes. Standard message rates apply and service providers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our policy.Privacy Policy.

 

14. COMPANY APPLICATION

 

14.1 The Company may provide software applications (“Company Applications”) to enable you to access our Program without visiting www.rakuten.com. For purposes of this Agreement, references to Company Property will include Company Applications. The Company Applications and their underlying information and technology may not be exported or re-exported to any country where the United States has export restrictions, including goods subject to US embargoes. or to anyone on the U.S. Treasury Department's Special Designated Citizens list or the U.S. Department of Commerce Desk's refusal order. You represent and warrant that you are not located, under the control of, or a national or resident of any such country or on any such export restriction list and that you will comply with all applicable export control laws.

 

15. THIRD PARTY PLANTS

 

15.1 Social login. When you access or use Company Properties, we may make available services from one or more third parties (“Third Party Platforms”). Company Properties support Third Party Platforms, including Facebook and Google to make it easier for you to sign in or create your Account. Any use of Third Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”). father").

 

15.2 Inbox connection. If you create a Program Account or sign in to a Program Account with your Google email account credentials, your Google email account will automatically be linked to your Program Account. We may also offer you the ability to link your email accounts from other service providers to your Program Account through the Program Account settings. You can disconnect your linked email accounts at any time by updating the Settings in your Program Account settings or by removing the authorization through your email account settings. You do not need to have a connection between your email account and the Program Account to become a Member. Connecting your email account will allow us to access your email account content (“Email Content”). The company will not delete or modify the content of your email. We may use the Content of your email for faster and more reliable Refund claims and to personalize your experience with the Program. To learn more about how we use your Email Content, please see our Privacy Policy.

 

16. YOUR FEEDBACK

 

16.1 You may be invited to provide us with feedback, comments, ideas, suggestions, reviews and other information about our Program (“Feedback”) through the Company Properties, by our membership services or through one of our service providers, such as Trustpilot. You hereby grant the Company and its affiliates and agents a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, copy, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, but not limited to, the right to use such Feedback in promotional and promotional materials and to enhance or improve our products and services and the products and services of our affiliates.

 

17. COMMUNITY STANDARDS

 

17.1 By participating in the Program, you are becoming a Member of a community dependent on the goodwill and responsible behavior of each of our Members. Members are requested not to transmit or communicate images or text that constitute obscene, obscene speech, sexually explicit material, inflammatory or offensive comments or anything else that could be construed as harassing or insulting against the Program, Company Property, our employees, contractors or agents, our Affiliate Store or other Members. This includes social media communications or other Internet posts that violate the above community standards or promote or encourage gaming or cheating. Members violating this provision, as determined by us in our sole discretion,

 

18. PROPERTY RIGHTS

 

18.1 All rights, title and interest in the Program, Company Property and Content belong to the Company or its licensors. In addition, the Company will maintain all rights, title and interest in the trademarks “Rakuten”, trademarks “Rakuten”, logo Rakuten, logo Rakuten and any trademarks, service marks, trademarks any other trademark or logo of the Company and its affiliates ("Point Company"). in any way likely to mislead customers, or in any way discredit or discredit the Company or imply a partnership, sponsorship or endorsement by the Company. may not bid on any keyword with any search engine containing “Rakuten”, “Rakuten” or anything similar to “Rakuten”, “Rakuten”, “Buy.com” or any other Company Marks, including but not limited to Rakuten.com, Rakuten.ca, Rakuten.com, Buy.com, BFAds.net or Rakuten.ca You may not mention or use the Company in any promotional text, extensions or banner ads without the express written consent of the Company. All other trademarks not owned by the Company used in the Program are the property of their respective owners, who may or may not be affiliated with, connected with or sponsored by Company.

 

19. COMPENSATION

 

19.1 You agree to indemnify the Company, our Affiliates, and their respective officers, directors, employees, heirs, agents and affiliates against any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or in connection with your breach of this Agreement or of any document in any form provided by you (or through your username and/or password). You agree to cooperate fully as reasonably required in the defense and/or resolution of any of our claims. We reserve the right, in our reasonable discretion, to exercise exclusive control over the defense and resolution of any matter for which you are liable.