REGISTRATION FORM/TERMS AND CONDITIONS FOR BEDANDBREAKFAST.COM GIFT CARD/CERTIFICATE PROGRAM--EFFECTIVE OCTOBER 1, 2008 
BedandBreakfast.com, Austin, Texas ("B&B.com") is sponsoring a Gift Card Program ("Program"), known as BedandBreakfast.com Gift Certificates, The Bed and Breakfast Card, and The Getaway Card™ from BedandBreakfast.com, in accordance with the following terms and conditions ("Terms"). As a Program participant, you, the Innkeeper, agree to be bound by these Terms; and your possession or acceptance of a Program gift card or certificate will indicate your acceptance of these Terms. When used in these Terms, the words "you" and "your" refer to you, the Innkeeper.
  1. This program is currently available to all bed and breakfasts and inns in the United States and Canada that are members of BedandBreakfast.com. BedandBreakfast.com reserves the right to remove a property from the program at any time for any reason.
  2. You will honor Program gift cards/certificates at all times, for full face value, without restrictions, as payment for all "qualifying services" (i.e. lodging, meals, special packages, gift shop items, taxes, gratuities, service charges, etc.) that you offer, from any holder of a Program gift card/certificate. You will charge the same prices to Program gift card/certificate holders as your posted and publicly advertised rates and offers and will accept reservations from Program gift card/certificate holders on the same basis as you would from all other guests. Program gift card/certificates are fully transferable. You are not obligated to accept gift cards/certificates in payment for large group functions, such as weddings.
  3. You will not discriminate in any manner against guests or potential guests holding Program gift cards or certificates. You will provide professional quality services and products to all guests and will comply with all laws and regulations applicable to your business.
  4. You will review all Program gift cards/certificates presented by guests to confirm that they are authentic and valid based on B&B.com's guidelines by logging in to your Home Base on BedandBreakfast.com or by using the specified page on the B&B.com website. B&B.com will pay you 80% of the redeemed amount of the Program gift cards/certificates.
    • Payments to properties in United States: Payments are made either via Direct Deposit, officially known as Electronic Funds Transfer (EFT) to your bank account within four business days for properties located in the United States. Properties in the U.S. (only) can opt to receive a check within 30 business days; a $10 fee applies. For Program certificates mailed together, one check will be cut and only one fee will apply. Only BedandBreakfast.com members are eligible for the Direct Deposit (EFT) program.
    • Payments to properties in Canada: Properties located in Canada must provide banking information, and select a payment currency of either Canadian Dollars (CAD) or U.S. Dollars (USD). All payments to Canadian properties will be based on 80% of the USD amount of the gift certificate/gift card redeemed. For properties selecting payment in CAD, the currency conversion rate on payments to you will be determined by Wells Fargo Bank N.A., on the date that the transfer is processed. BedandBreakfast.com is not responsible for any banking fees related to the transfer.
  5. BedandBreakfast.com gift cards/certificates issued after August 31, 2005, do not expire.
  6. Customers can only redeem Gift Certificates 7 days or more after purchase. All BedandBreakfast.com Gift Certificates and Gift Cards are priced in U.S. Dollars. For gift cards/certificates redeemed in Canada, the property accepting them is responsible for calculating the value of the cards/certificates in Canadian Dollars, to apply to customers payments.
  7. If the total cost of the "qualifying services" you provide to a guest is less than the face value of the Program gift cards/certificates redeemed by the guest, you will either print a receipt for the guest with their transaction number (for tracking purposes) and their new balance, print them a new e-card, or give them an authorization number and balance amount for them to record. Where applicable, if the value remaining on the card is less than $10, you must refund the value remaining on the card, upon request.
  8. You will be responsible for all taxes, duties, fees, and assessments arising out of your participation in the Program.
  9. You may withdraw from the program at any time upon 30 days written notice. If you withdraw from the program, you may not sign up again for the remainder of your membership year.
  10. B&B.com may terminate the Program at any time by providing you with 30 days written notice. However, you and B&B.com agree to honor, in accordance with these Terms, any Program gift cards/certificates purchased by guests prior to termination of the Program.
  11. If you violate any of these Terms or engage in any act that damages the integrity or goodwill of the Program or B&B.com, your participation in the Program and your membership (without refund) can be terminated immediately via written notice.
  12. You expressly acknowledge and agree that you are acting as an independent contractor and not as an employee or agent of B&B.com, and that nothing contained in these Terms constitutes a partnership or a joint venture between you and B&B.com. You will have no right or authority to bind or obligate B&B.com in any manner whatsoever and you may not expressly or impliedly incur any liability or obligation on behalf of B&B.com.
  13. If any provision of these Terms is found to be invalid or unenforceable in any jurisdiction, that provision will be deleted from this Agreement in that jurisdiction (but not in any other jurisdiction, to the extent permitted by law), and will not affect the remainder of these Terms. The deleted provision will be treated as if it were replaced by a valid, enforceable provision that most closely corresponds to the intent of the original provision.
  14. All issues and disputes regarding these Terms, or the rights and obligations of the parties, will be governed by the substantive laws of the State of Texas without reference to conflicts principles, and will be determined by binding arbitration under the commercial rules of the American Arbitration Association ("AAA"), at the office of the AAA nearest B&B.com's principal place of business.
  15. B&B.com reserves the right to change the terms of the program at any time, for any reason, to meet current market conditions. B&B.com will give a minimum of 7 days notice for any such significant program changes, and participants must notify B&B.com within 7 days if they want to discontinue participation in the program.
  16. BedandBreakfast.com is not liable for lost or stolen gift cards/certificates. BedandBreakfast.com gift cards and certificates are issued by CardFact, Ltd.
  17. B&B.com warrants that it will use commercially reasonable efforts to substantially perform its obligations under these Terms, except for causes beyond B&B.com's reasonable control. B&B.com makes no other warranty or representation, and the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. IN NO EVENT WILL B&B.com BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, EXPENDITURES, LOSS OF GOODWILL) REGARDLESS OF WHETHER B&B.com HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. IF B&B.com's LIMITED WARRANTY OR LIMITATION OF LIABILITY IS FOR ANY REASON WHATSOEVER HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT B&B.com's LIABILITY WILL NOT EXCEED THE SUM OF ONE U.S. DOLLAR.
The U.S. Department of the Treasury says that Electronic Funds Transfers (EFT) provide for electronic payments and collections. "EFT is safe, secure, efficient, and less expensive than paper check payments and collections."