By PayMeToConnect, Inc.
We welcome you to Coupanda®, a user-curated mobile and web technology platform that delivers to users the types of ads and deals they wish to see. Coupanda users train the system to deliver to them the best possible promotions and deals in categories each user selects. We are committed to protecting our users’ personal information and respecting our users’ right to control the advertising they wish to see. To that end, Coupanda, and its parent company PayMeToConnect, Inc. (“PM2C”), a corporation chartered under the laws of the State of Delaware, USA, has established the following policies, terms and conditions.
In order to become a registered user, to establish an account, and use the Coupanda app, you must accept the following policies and agree to all of the terms and conditions:
How Coupanda uses your data
We use your data to help deliver the best possible deals for you. We never deliver or sell your name or personal information (address, date of birth, email or phone number) to anyone. We provide to retailers and advertisers anonymous information about your demographic profile, location, and stated preferences, then filter ads, delivering the deals that best match the preferences you have selected.
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 applications or software without registering) or you are a “Registered User” (which means that you have registered to create an account with PM2C and Coupanda). In this Agreement, the terms “you” or “User” refer to either a Visitor or a Registered User. The term “we” or “our” refers to Coupanda, and its parent company, PM2C. 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 PM2C. 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.
Notice, Please Read Carefully
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.
Privacy and your Personal Information
Description of the Service
As part of our Service, we provide you with the ability to locate and obtain deals, coupons, promotions, and exclusive offers for products and services, and other information to help make informed purchase decisions at attractive prices. We also allow you to make purchases directly from merchants you can access while you are using the Coupanda Mobile App. Further details about the Coupanda Mobile App are described below. The Service also includes and any other PM2C offerings described below or on our web sites.
The Service is provided to you by PM2C as a free service. We work on your behalf to locate the best publicly available offers and to deliver to you public and exclusive offers that may or may not not be available through any other platform. We make money to sustain the service when you engage with merchants’ advertisements by viewing them, saving them, sharing them, and also when you purchase the merchants’ products or services.
PM2C Mobile App and Merchant Purchases
The Coupanda Mobile App is an app that runs on your smart phone or other Internet-connected mobile device that allows you to view information about products or services for sale by third party merchants, find deals, offers, and promotions from those merchants, receive coupons or promotion codes, and purchase products from those third party merchants either on their ecommerce platforms accessed directly from your browser, from the Coupanda Mobile App or purchased at the merchants’ locations.
All products you purchase from a third party merchant through the Coupanda Mobile App are: (a) priced by the applicable third party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third party merchant and not
by Coupanda or PM2C. PM2C and Coupanda is not a re-seller or distributor of any products of third party merchants displayed within the Coupanda Mobile App. There is no obligation to purchase if you simply click on an ad, save a coupon, or visit the merchant’s web site.
You agree that any purchase you make from a third party merchant within the Coupanda Mobile App is subject to the applicable merchant’s own terms and conditions related to such purchase. You understand and agree that PM2C and Coupanda are in no way responsible or liable to you for any products or services you purchase from a third party merchant, if accessed from within the Coupanda Mobile App, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
When you save or download a coupon to purchase any third party merchant’s products or services, the applicable merchant’s terms and conditions for acceptance, redemption, rejection or cancellation of the discount or offer described on the coupon. You understand that the coupon, offer, or promotion may expire or be extended at the sole discretion of the merchant.
We reserve the right, with or without prior notice, and in our sole and complete discretion, to refuse to allow any user to purchase any products from any third party site if accessed from within the Coupanda Mobile App. You acknowledge and agree that PM2C and Coupanda are not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third party merchants.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry. PM2C and the Coupanda Mobile App may include functionality that allows you to directly locate the merchant’s contact information and return information in order to resolve such inquiry.
While we attempt to be as accurate as we can in our descriptions for the products and services advertised on the Coupanda Mobile App and the promotions, offers and deals shown within the Coupanda Mobile App, we do not warrant that such product descriptions or related merchant promotional information or terms shown within the Coupanda Mobile App are accurate, complete, reliable, current, or error-free. The inclusion of any products or services, or promotions, offers and deals, within the Coupanda Mobile App at a particular time does not imply or warrant that these products, services, promotions, offers or deals will be available at any other time.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Coupanda Mobile App. We do not guarantee that the Coupanda Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Coupanda Mobile App will be available in, or that offers or promotions for any products or services can be placed from, any particular geographic location.
Downloading, Installing, or Using the Coupanda Mobile App from Apple App Store and Google Play Store:
The following terms and conditions apply to you if you are using the Coupanda Mobile App from the Apple App Store or Google Play Store. To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this paragraph, the terms and conditions in this paragraph apply, but solely with respect to your use of the Coupanda Mobile App from the Apple App Store or Google Play Store:
- You acknowledge and agree that this Agreement is solely between you and PM2C, not Apple or Google, and that Apple and Google have no responsibility for the PM2C Mobile App or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Coupanda Mobile App.
- In the event of any failure of the Coupanda Mobile App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and if you have paid for such installation of the Coupanda Mobile App, they will refund the purchase price you paid to install the Coupanda Mobile App, if any, to you.
- To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Coupanda Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
- You and PM2C acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third party relating to the Coupanda Mobile App or your possession and/or use of the Coupanda Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Coupanda Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- You and PM2C acknowledge that, in the event of any third party claim that the Coupanda Mobile App or your possession and use of the Coupanda Mobile App infringes that third party’s intellectual property rights, PM2C, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You must comply with applicable third party terms of agreement when using the Coupanda Mobile App.
- You and PM2C acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third party beneficiaries of this Agreement as its relates to your license and use of the Coupanda Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Account Information from Third Party Sites
With the Service, Users may direct PM2C to interact with existing accounts they own and that are maintained online by third party companies with which they have accounts (“Third Party Accounts”) such as Facebook or their accounts on the websites of specific merchants. PM2C makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. PM2C is not responsible for the products and services offered by or on third party sites. If your permission settings allow it, PM2C may import information from your Third Party Accounts to help better offer the Services to you. PM2C does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
PM2C 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. PM2C cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
PM2C and Coupanda Offers and Third Party Links
Some parts of the Service are supported by sponsored links from advertisers and the display of “PM2C Offers,” which are sponsored product or service 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 may be redirected to the partner’s site, or a specific portion of the Coupanda Mobile App dedicated for the partner’s offerings, and your session may be tracked using affiliate cookies.
In connection with PM2C Offers, the Service will provide links to other websites belonging to PM2C advertisers and other third parties. PM2C does not endorse, warrant or guarantee the products or services available through the PM2C Offers (or any other third party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored, and PM2C is not an agent, distributor, re-seller or broker or otherwise responsible for the activities or policies of those websites or their products or services. PM2C does not guarantee that the product details, prices, coupon availability, product availability or other service terms, rates or rewards offered by any particular advertiser or other third party in our Service are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market. When you access third party websites or use
PM2C 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 Services. In addition, PM2C will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, 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 (including a merchant from whom you purchase a product or services accessed from within the Coupanda Mobile App), you agree that PM2C is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release PM2C, 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 Services.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which together with your Login ID, email 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 mobile phone number and email address, you agree to receive all required notices electronically, to that e-mail address and or phone number. It is your responsibility to update or change that address, as appropriate. Notices will be provided in the text of the e-mail, or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the communication we send or on our web sites, on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe” in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify PM2C immediately.
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. Subject to your compliance with this Agreement, PM2C hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferable, and non- exclusive license to use the software and content provided to you as part of the Services (and to download a single copy of the Coupanda Mobile App onto your personal mobile device).
Accurate records enable PM2C 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 PM2C, in its sole discretion, may elect to take.
You agree that PM2C 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 PM2C a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to PM2C in any way.
As a part of the PM2C user community, you agree and authorize PM2C to collect information about the websites that you visit, if accessed from the Coupanda Mobile App that is used to create a better user experience for you and other PM2C users. Examples of this type of information includes information about the products or services your browser visits including the current product or service prices and other 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 that we believe will increase your chance of time and money savings 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 Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including PM2C);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your PM2C account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, 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 Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- Circumvent, removes, alters, deactivates, degrades or thwarts 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 Services.
PM2C may from time to time provide automatic notifications and voluntary account-related notifications. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.
Automatic notifications may be sent to you following certain changes made online to your PM2C account, such as a change in your Registration Information. Voluntary account notifications may be turned on by default as part of the Service. PM2C may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Coupanda login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
As part of the Coupanda Mobile App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the Coupanda Mobile App (“Push Messages”). You acknowledge that, when you use the Coupanda Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings,
and can opt in or out of these Push Messages through the Coupanda Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Coupanda Mobile App, including your receipt of Push Messages from PM2C and Coupanda.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other login information, materials and other content to PM2C and Coupanda through the Service, you are licensing that content to PM2C solely for the purpose of providing the Service. PM2C and Coupanda may use and store the content, but only to provide the Service to you. By submitting this content to PM2C, you represent that you are entitled to submit it to PM2C for use for this purpose, without any obligation by PM2C to pay any fees or other limitations.
PM2C’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 PM2C or its software or content suppliers. PM2C grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. If you would like to request such permission, send us an email at [email protected]
Access and Interference
You agree that you will not interfere with, prevent, hinder, or negatively impact the right and ability for other users to use and enjoy our Service.
Rules for Posting Content
As part of the Service, PM2C may allow Users 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.
- 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.
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. PM2C AND COUPANDA MAKE 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.
PM2C AND COUPANDA MAKE 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. PM2C 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.
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. PM2C does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that PM2C shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of an notification; or for any actions taken or not taken by you or any third party in reliance on an notification.
Limitations on PM2C’s and Coupanda’s Liability
PM2C AND COUPANDA 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 PM2C AND/OR COUPANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PM2C’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE 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 PM2C AND COUPANDA 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.
Your Indemnification of PM2C
You shall defend, indemnify and hold harmless PM2C 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 (including any purchases you make within the Coupanda Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third party when using the Service.
Ending your Relationship with PM2C and Coupanda
This Agreement will continue to apply until terminated by either you or PM2C as set out below. If you want to terminate your legal agreement with PM2C and Coupanda, 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 User Account. You may also just uninstall PM2C and stop visiting our Website and using other Services.
Email [email protected] to cancel your account. Upon doing so:
- your account will be closed, and your ability to log in deactivated; and
PM2C may at any time, terminate its 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 PM2C 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.
PM2C and Coupanda may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website. 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.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
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 THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, 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 CALIFORNIA. 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 PayMeToConnect, Inc., 7 East Frederick Place, Suite 300, Cedar Knolls, NJ 07927.
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 PM2C 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 sixty (160) days of filing the case, then either PM2C 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.
If you do not want to arbitrate disputes with PM2C and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to [email protected]within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with PM2C under this Agreement, shall be governed by the laws of the State of New Jersey in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with PM2C, 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 PM2C may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, PM2C 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 PM2C, 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.
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 PM2C does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which PM2C has the benefit of under any applicable law), this will not be taken to be a formal waiver of PM2C’s rights and that those rights or remedies will still be available to PM2C.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
PM2C welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at [email protected] or writing us at 7 East Frederick Place, Suite 300, Cedar Knolls, NJ 07927.