Last updated 23 May 2020
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE SECTION ENTITLED "DISPUTE RESOLUTION" BEFORE YOU AGREE TO THESE TERMS.
Persons under the age of 21 are not permitted to access, use or otherwise participate in any aspect of the Program.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT, BY ACCESSING, USING OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE PROGRAM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN OUR COUNTY AND STATE. THE ARBITRATOR'S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THE FEDERAL RULES OF EVIDENCE AND FEDERAL RULES OF CIVIL PROCEDURE SHALL APPLY TO ANY SUCH ARBITRATION PROCEEDING INITIATED PURSUANT TO THIS SECTION, INCLUDING THE ABILITY TO CONDUCT THIRD PARTY DISCOVERY OUTSIDE OF OUR STATE AND TO PRESERVE SUCH THIRD PARTY DISCOVERY VIA DEPOSITION. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM PURSUANT TO THE FEDERAL RULES OF CIVIL PROCEDURE (EVEN TO WITNESSES OUTSIDE OF OUR STATE) AS IF THE ARBITRATOR WERE A JUDGE OF THE UNITED STATES DISTRICT COURT LOCATED IN OR FOR OUR COUNTY AND STATE. DEPOSITION TRANSCRIPTS MAY BE USED IN THE ARBITRATION IN OUR COUNTY AND STATE IN ACCORD WITH THE FEDERAL RULES OF EVIDENCE. THE LIMITATIONS OF THE FEDERAL ARBITRATION ACT SHALL NOT PREVENT DISCOVERY TO PROCEED IN ACCORDANCE WITH THE FEDERAL RULES OF EVIDENCE AND FEDERAL RULES OF CIVIL PROCEDURE. ALL DISPUTES OVER SUBPOENAS ISSUED BY THE ARBITRATOR SHALL BE RESOLVED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 45.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE OR COLLECTIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY DISPUTE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF THE DISPUTE ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH DISPUTE IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE'S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY. YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND THAT YOU WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.
THIS ARBITRATION PROVISION MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST ACCESS, USE OR OTHERWISE PARTICIPATE IN ANY ASPECT OF THE PROGRAM, YOU MUST SEND US A LETTER STATING, "REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE" AT THE FOLLOWING ADDRESS:
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in or for County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You also still waive your right to initiate or proceed in a class or collective action against us or Leafbuyer.
If you provide any information that is untrue, inaccurate, not current, or incomplete then, without limiting any other remedy available to us under applicable law, we have the right to refuse any and all current or future access to, use of and other participation in the Program (or any portion thereof).
You may not access, use or otherwise participate in the Program for any purpose other than that for which we make available. The Program may not be used in connection with any commercial endeavors without our prior written consent.
By accessing, using or otherwise participating in the Program, you agree NOT to:
1. Systematically retrieve data or other content from the Program to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Use the Program (or any portion thereof) to advertise or offer to sell goods and services.
3. Make any unauthorized use of the Program, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
4. Circumvent, disable, or otherwise interfere with security-related features of the Program, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Program and/or the Content contained therein.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the Program, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Program or the networks or services connected to the Program.
9. Attempt to impersonate another person or use the name or contact information of any other person.
10. Use any information obtained from the Program in order to harass, abuse, or harm another person.
11. Use the Program as part of any effort to compete with us or otherwise use the Program and/or the Content for any revenue-generating endeavor or commercial enterprise.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Program.
13. Attempt to bypass any measures of the Program designed to prevent or restrict access to the Program, or any portion of the Program.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Program to you.
15. Delete the copyright or other proprietary rights notice from any Content.
17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Program or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Program.
18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Program.
20. Use the Program in a manner inconsistent with any applicable laws or regulations.
21. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Program, or use or launch any unauthorized script or other software.
24. Access, use or otherwise participate in the Program if you are under the age of 21.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Program ("Submissions") provided by you to us are not confidential and shall become, as between you and us, our sole property. As between you and us, we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
FURTHER, WE MAY TERMINATE YOUR ACCESS TO, USE OF AND/OR PARTICIPATION IN THE PROGRAM (OR ANY PORTION THEREOF) AND/OR DELETE ANY INFORMATION THAT YOU PROVIDED TO US IN CONNECTION WITH THE PROGRAM AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
We reserve the right to change, modify, or remove the contents of the Program at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in connection with the Program. We also reserve the right to modify or discontinue all or part of the Program without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Program.
There may be information associated with the Program that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information associated with the Program at any time, without prior notice.
THE PROGRAM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR ACCESS TO, USE OF AND PARTICIPATION IN THE PROGRAM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROGRAM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROGRAM'S CONTENT OR ANY WEBSITES LINKED TO OR OTHERWISE REFERENCED THROUGH OR IN CONNECTION WITH ANY ASPECT OF THE PROGRAM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, USE AND PARTICIPATION IN THE PROGRAM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROGRAM (OR ANY PORTION THEREOF), (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROGRAM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROGRAM.
IN NO EVENT WILL WE OR LEAFBUYER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM— INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY AND THE LIABILITY OF LEAFBUYER WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE OR LEAFBUYER WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
CALIFORNIA RESIDENTS—IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
ACCESSING FROM NEW JERSEY—IF YOU ARE ACCESSING, USING OR OTHERWISE PARTICIPATING IN THE PROGRAM FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR ACCESS TO, USE OF AND/OR PARTICIPATION IN THE PROGRAM, OR INABILITY TO ACCESS, USE OR OTHERWISE PARTICIPATE IN THE PROGRAM; (B) IRREVOCABLY WAIVE ALL LOSSES OF INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR ACCESS TO, USE OF OR PARTICIPATION IN THE PROGRAM—INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM—INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US OR LEAFBUYER FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF US AND OUR AFFILIATES AND OUR AND THEIR AGENTS AND EMPLOYEES AND/OR ON THE PART OF LEAFBUYER. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
Please read these terms and conditions carefully. By opting in to receive text messages, you provide your prior express written consent to receive informational and marketing text messages sent using an automatic telephone dialing system ("ATDS") from —and others texting on our behalf (including Leafbuyer)—to the telephone number(s) that you provide. You may opt-out of these communications at any time by replying STOP to any text message. Your consent to receive marketing text messages is not required to purchase any goods or services from us. By signing up for text messages, you also warrant and represent that you are either the account owner of any mobile number you provide to us, or you have the express permission of the account holder to provide such numbers.
's messages are intended to provide you with current information, offers, deals and promotions from us (deal alerts, events, and product launches).
Message and data rates may apply to each text message sent or received from , as provided in your mobile telephone service rate plan (please contact your mobile carrier for pricing plans), in addition to any applicable roaming charges. does not impose a separate fee for sending text messages.
Currently, we support the following carriers:
To opt-in to receive marketing text messages from , please submit the required information.
To stop receiving text messages in connection with the Program, text/reply STOP to the phone number or short code for the text messaging program from which you no longer wish to receive messages (i.e., the phone number from which text messages are being sent). You agree to and will then receive a single final text message confirming your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that phone number or short code. You will remain opted in to other text messaging programs.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.
To receive text messages, you must be 21 years of age or older. reserves the right to require you to prove that you are at least 21 years of age.
may suspend or terminate your receipt of text messages if believes you are in breach of these SMS Terms and Conditions. Your receipt of text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. reserves the right to modify or discontinue, temporarily or permanently, all or any part of text messages, with or without notice.
To request more information, text HELP to the phone number or short code for the text messaging program about which you have questions (i.e., the phone number or short code from which text messages are being sent).