Effective as of May 30, 2018
1. Accepting the Terms
By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an Account with Crowdspending Inc.). The term “you” or “User” refers to a Visitor or a Member. The term “we”, “our” or “us” refers to Crowdspending Inc. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Crowdspending Inc. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
Crowdspending Inc. may modify this Agreement from time to time, with or without notice, and your continued use of the Service after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the Service.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
2. Privacy and your Personal Information
3. Description of the Program
Stores, retailers, brands, merchants, and other partners (“Affiliate Stores”) pay Crowdspending Inc. a commission for sending you their way when you make a purchase on their website, and Crowdspending Inc. shares some of this commission with you in the form of cryptocurrencies such as Bitcoin (“Crypto”). We call this the Crypto Back Shopping Program (“Program”). Not all purchases made through the Service are included in the Program. If a purchase is eligible for the Program, but that purchase is not made through the Service, you will not receive Crypto for that purchase. See the ‘Earning Crypto with the Service’ section below for more details. All purchases made through the Service are subject to this Agreement and any additional Crowdspending Inc. terms associated with any specific promotions.
Compensation received by Crowdspending Inc. may play a part in whether retailers and products appear on our Service, where they are placed, and how we promote them to you. Participation in the Program and the opportunity to earn Crypto are offered at the sole discretion of Crowdspending Inc. and subject to your compliance with this Agreement.
4. Account Information from Third Party Sites
Members may direct Crowdspending Inc. to interact with existing accounts they own maintained online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or Google. Crowdspending Inc. makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Crowdspending Inc. is not responsible for the products and services offered by or on third party sites. If your permission settings allow it, Crowdspending Inc. may import information from your Third Party Accounts to help better offer the Services to you. Crowdspending Inc. does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Service.
Crowdspending Inc. cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Crowdspending Inc. cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
5. Becoming a Member
6. Service License
Subject to this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Crowdspending Inc. reserves the right to change, upgrade, or discontinue the Service at any time, with or without notice to you. All rights not expressly granted under this Agreement are reserved by Crowdspending Inc. or its licensors.
7. Earning Crypto with the Service
Crypto is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Gift cards are not eligible for Crypto. Crypto earned for a Qualifying Purchase is dependent on the Affiliate Store recognizing the Qualified Purchase and paying Crowdspending Inc. its commission. If we are not paid by any of our Affiliate Stores, then Crowdspending Inc. shall have no obligation to provide any Crypto to you for the transaction that it was not paid for. If there are any difficulties in tracking a transaction due to your use of an ad blocker or for any other reason we may not be able to give you your Crypto. We partially rely on third party tracking systems and if we cannot track a transaction was properly recorded we will be unable to give you your Crypto. The amount of Crypto you can earn varies by store and product category and each may also contain certain exclusions. Crowdspending Inc. hereby disclaims any and all liability in connection with any funds not transferred from Affiliate Store to Crowdspending Inc.
In our sole discretion, we may deduct amounts from your account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Crowdspending Inc. policies and terms, the terms of any Affiliate Store offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase was properly made through a Crowdspending Inc. Affiliate Store qualifying for Crypto is at the sole discretion of Crowdspending Inc. If an Affiliate Store fails to report a transaction to Crowdspending Inc. or fails to make payment to Crowdspending Inc. for any reason, Crowdspending Inc. reserves the right to cancel the Crypto associated with that transaction. It is your responsibility to check your Account regularly to ensure that any Crypto has been properly credited and paid and that your Account balance is accurate. If you believe that any Crypto has not been correctly credited to your account, you must contact Crowdspending Inc. customer service within thirty (30) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
8. Receiving Your Crypto
As a condition of payment of accrued Crypto you have earned through the Program, you must have an Active Account (as defined below) and provide us with your digital wallet information in your account settings. Crowdspending Inc.’s preferred digital wallet is Coinbase. If you do not have a digital wallet, you can open a Coinbase account here. If you provide us with your e-mail address associated with your Coinbase account, there will be no network, miner or other third party fees associated with Crowdspending Inc. transferring your Crypto to your Coinbase account. In the event you are using any other digital wallet, you will incur network, miner and/or other third party fees associated with receiving funds into such digital wallet. These fees are collected by the digital wallet provider and vary depending on the digital wallet provider. Please review your digital wallet provider’s fees before requesting any fund transfer from Crowdspending Inc.
The minimum withdrawal amount from your Crowdspending Inc. Account is $500.00 worth or Bitcoin. When you request a transfer of your Crypto from Crowdspending Inc., it must be for all Crypto currently in your Account and must be in only one (1) form of cryptocurrency available from Crowdspending Inc.
As a further condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving any Crypto.
An Active Account means you must engage in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped at an Affiliate Store via the Service, (iii) have accrued Crypto, or (iv) have logged into your Account. If your Account is inactive for more than twelve (12) consecutive months, Crowdspending Inc. reserves the right to debit your Crowdspending Inc. account balance two US dollars ($2.00) per month to recover the cost of Account maintenance until you reactivate your Account by engaging in one of the activities set forth above in subsections (i) to (iv) or until your Account balance is zero. If the balance in your inactive Account is or becomes zero, Crowdspending Inc. may close the Account permanently and cease to maintain your Account records and Program access. The inactive Account maintenance charge will not cause your Account balance to become negative and will not cause you to owe money to Crowdspending Inc.
We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Affiliate Store that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Crypto, bar further Crypto awards and/or bonuses to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Crypto has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Crypto or other rewards and bonuses, or any misrepresentation of any information furnished to Crowdspending Inc. by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Crypto rewards. If Crowdspending Inc. has any reason to suspect fraudulent activity is associated with your Account, Crowdspending Inc. reserves the right to delay or withhold payment of Crypto. Any suspected or actual cases of fraud activity will be escalated and reviewed by Crowdspending Inc. for final determination.
You may be taxed on your receipt of Crypto, bonuses and other consideration in connection with the Program, member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities. You will provide all documentation and information requested by Crowdspending Inc. in order to receive any Crypto.
9. Crowdspending Inc. Offers and Third Party Links
Some parts of the Service are supported by sponsored links from advertisers and the display of Crowdspending Inc. Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on an offer you will be redirected to the partner’s site and your session will be tracked using affiliate cookies.
Crowdspending Inc. has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Service. In addition, Crowdspending Inc. will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between participants on our Service, or between users and any third party, you agree that Crowdspending Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Crowdspending Inc., its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”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.”
10. Referral And Other Rewards Programs
Periodically Crowdspending Inc. may make you offers to receive Crypto or other rewards for taking actions to promote the Service (collectively “Rewards Programs”). If you do not comply with the Rewards Programs, we reserve the right, in our sole discretion, to withhold any or all consideration, including Crypto, for any reason at any time with or without any cause. By participating in Crowdspending Inc.’s Rewards Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits may vary from program to program.
In association with Rewards Programs you may be issued “Personalized Links” that track traffic back to your account so that we can issue you rewards. You agree not to promote these Personalized Links through any unapproved channels which include but are not limited to: unsolicited e-mail (SPAM), search advertising, display advertising, or any paid promotional channel. Unauthorized promotion of your Personalized Links may result in all rewards being withheld and your account potentially being suspended.
Crowdspending Inc. reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc., and Crowdspending Inc. reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program.
11. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our website, accessible through any standard modern, commercially available internet browser. We may also use your e-mail address to contact you about our own and third-parties’ goods and services that may be of interest to you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Crowdspending Inc. immediately.
12. Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.
Accurate records enable Crowdspending Inc. to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Crowdspending Inc., in its sole discretion, may elect to take.
You agree that Crowdspending Inc. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Crowdspending Inc. a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Crowdspending Inc. in any way.
As a part of the Crowdspending Inc. community, you agree and authorize Crowdspending Inc. to collect information about the websites that you visit that is used to create a better user experience for you and other Crowdspending Inc. users. Examples of this type of information includes information about the products your browser visits including the current product prices and other product details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Service or interact with the Service in a manner that: (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Crowdspending Inc.); (b) Violates any law or regulation or this Agreement; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) Jeopardizes the security of your Crowdspending Inc. Account or anyone else’s (such as allowing someone else to log in to the Service as you); (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) Violates the security of any computer network, or cracks any passwords or security encryption codes; (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure); (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or its content (through use of manual or automated means); (i) Copies or stores any significant portion of the Service or its content; (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service; or (k) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service.
A violation of any of the foregoing is grounds for termination of your right to use or access the Service.
13. Electronic Alerts
Crowdspending Inc. may from time to time provide automatic alerts. Our view is to do everything possible to avoid annoying you so wherever possible we will minimize unnecessary alerts and provide configuration switches to limit unwanted communications.
Automatic alerts may be sent to you following certain changes made online to your Crowdspending Inc. Account, such as a change in your Registration Information.
Electronic alerts will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address changes, you are responsible for informing us of that change. Changes to your e-mail address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Crowdspending Inc. login information and some information about your Account. Anyone with access to your e-mail will be able to view the content of these alerts. At any time you may disable certain alerts, although we may still send you Service-related notices as needed to allow us to provide you the Service.
14. Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Crowdspending Inc. through the Service, you are licensing that content to Crowdspending Inc. solely for the purpose of providing the Service. Crowdspending Inc. may use and store the content, but only to provide the Service to you. By submitting this content to Crowdspending Inc., you represent that you are entitled to submit it to Crowdspending Inc. for use for this purpose, without any obligation by Crowdspending Inc. to pay any fees or other limitations.
15. Crowdspending Inc.’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Crowdspending Inc. or its software or content suppliers. Crowdspending Inc. grants you the right to view and use the Service subject to these terms.
16. Rules for Posting Content
As part of the Service, Crowdspending Inc. may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules: You are responsible for all User Content you submit to the Service; By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement; You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; and You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
17. Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CROWDSPENDING INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
CROWDSPENDING INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CROWDSPENDING INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
18. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Crowdspending Inc. does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Crowdspending Inc. shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
19. Limitations on Crowdspending Inc.’s Liability
CROWDSPENDING INC. SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF CROWDSPENDING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Crowdspending Inc.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD $100 (ONE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CROWDSPENDING INC. SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
20. Your Indemnification of Crowdspending Inc.
You shall defend, indemnify and hold harmless Crowdspending Inc. and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you.
21. Ending your Relationship with Crowdspending Inc.
This Agreement will continue to apply until terminated by either you or Crowdspending Inc. as set out below. If you want to terminate your legal agreement with Crowdspending Inc., you may do so by closing your account for the Service.
Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Crowdspending Inc. and stop visiting our website.
Crowdspending Inc. may at any time, terminate its legal agreement with you: If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); If Crowdspending Inc. in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Crowdspending Inc. may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Services’ website(s). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
23. ARBITRATION CLAUSE & CLASS ACTION WAIVER
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITYf, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to email@example.com and sending same to our registered agent in the State of California.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND CROWDSPENDING INC. ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. This arbitration agreement will survive the termination of your relationship with us.
24. Governing Law and Forum for Disputes
This Agreement, and your relationship with Crowdspending Inc. under this Agreement, shall be governed by the laws of the State of New York in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Crowdspending Inc., or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Crowdspending Inc. may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Crowdspending Inc. is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Crowdspending Inc., its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
25. Copyright Disputes and User Content
We respond to notice of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Such notices should be sent through the following form. We reserve the right to delete content alleged to be infringing and terminate accounts of infringers.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Crowdspending Inc. does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Crowdspending Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Crowdspending Inc.’s rights and that those rights or remedies will still be available to Crowdspending Inc.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
27. Contact Us
Crowdspending Inc. welcomes comments, questions, concerns, or suggestions. Please send us feedback through firstname.lastname@example.org.