MEMBERSHIP AND USER AGREEMENT
**THE FOLLOWING CONTAINS IMPORTANT LEGAL TERMS.
IT IS YOUR RESPONSIBILITY TO READ THE BELOW AGREEMENT CAREFULLY**
This Neutin Gifted Rewards® (“Rewards Program”) Membership and User Agreement (the “Agreement”) is between Finance Guru LLC, a Delaware Limited Liability Company with its principal place of business being at 525 W. Monroe, Suite 900, Chicago, Illinois, (“Finance Guru”, “We”, “Us”, “Our”) on the one hand, and the undersigned authorized Member (“You”, “Your”, or “Members” generally) on the other hand, is effective on the date executed by You below, and governs all terms, conditions and policies concerning Our Neutin Rewards Membership Program with You. By participating in the Rewards Program, You agree to be bound by this Agreement.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE REWARDS PROGRAM.
II. Term, Termination or Suspension
a. Term: Members can select Monthly (30 days), Quarterly (90 days), or Annual (365 days) Membership Terms. Membership Terms will automatically renew unless a Member chooses to cancel before the renewal of the Membership or fails to pay the Membership Fee when due.
b. Termination of Your Membership:
i. Termination by Members – Members may terminate their Membership at any time and for any reasons. Termination will be effective at the conclusion of the Membership Term. You may terminate Your Membership by submitting a Request to cancel or modify your Membership on the Application or the Website, or by contacting Us through firstname.lastname@example.org or by calling 1 888 995 0263.
ii. Termination by Us – We reserve the right to terminate any Membership in Our sole discretion and at any time for any of the following reasons: (1) failure to timely pay Membership Fees when due, (2) a Member’s failure to follow the terms of this Agreement, (3) any reasonable suspicion, in our sole discretion, that there is any activity in connection with a Membership that is fraudulent, illegal, unethical negligent, or contrary to the terms of this Agreement or applicable law.
III. Our Contacting You about the Rewards Program or Marketing Offers
a. Your Authorization for Us to Contact You:
You understand and agree that We have the right to contact You about Your Membership and any other marketing Offers that We may offer. By entering this Agreement, and by initialing below, You consent to being called, emailed, or receiving SMS texts from Us about any marketing offers We may offer You during the Term of your Membership and for thirty (30) days thereafter. This may include automated dialers, prerecorded messages, artificial voice or automatic texting systems. This consent is not required to complete any purchase. Message and data rates may apply to any communication. This authorization will apply notwithstanding any prior placement on a do-no-call registry.
b. Your Preferences As to How and When We Contact You; Right to Opt Out of Communications:
You may opt out of receiving any marketing communications from Us. This will not include opting out of non-marketing communications related to Your Membership. To Opt Out of any marketing communications, please submit our Request Form.
IV. Dispute Resolution
We are committed to amicably resolving any dispute that you may have relative to Our Rewards Program. For this reason, You may reach out to Us by calling 1 888 995 0263 or emailing email@example.com so that We may assist you in resolving any dispute or other inquiry you may have. If We are unable to resolve any issue, You understand that disputes will be governed by this provision.
b. Mandatory Arbitration:
You and Finance Guru LLC agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Rewards Program, the Website, or Application OR ANY ENGAGEMENT WITH A MERCHANT, OR THE OFFERS (collectively, “Disputes”) will be settled by binding arbitration, except that either You or Us retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that You and Finance Guru are each waiving the right to a trial by jury. You agree that YOU AND FINANCE GURU ARE WAIVING ANY RIGHT TO LITIGATE A DISPUTE WHILE PARTICIPATING IN ANY CLASS OR COLLECTIVE ACTION. THEREFORE, YOU AND FINANCE GURU AGREE THAT ANY DISPUTE WILL BE ONLY ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. Further, unless both you and Finance Guru LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The arbitration shall proceed in Chicago, Illinois and be governed by Illinois law. The arbitration will proceed under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org.
V. Legal Terms
a. Changes to this Agreement:
We may revise and update this Agreement from time to time in our sole discretion with prior notice to You before any Term or Renewal Term. Your Membership means that you accept and agree to the changes.
b. Limitation of Our Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVEN WILL FINANCE GURU OR ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (1) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES WITHIN THE PREVIOUS (3) THREE MONTHS.
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 FINANCE GURU WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
c. Disclaimer of Warranties concerning the Offers or Merchant Performance:
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ON OUR OWN BEHALF AND THAT OF OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS AND RELATED PERSONS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE REWARDS PROGRAM, AND THE OFFERS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO PURCHASES YOU MAKE THROUGH THE REWARDS PROGRAM. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE OPERATION OF HYPERLINKS, THE ABILITY OF PARTICULAR MEMBERS TO ACCESS ANY MERCHANT CONTENT DUE TO AN ACT OR OMISSION ON THE PART OF THE MERCHANT, OR THE COMPLETENESS OR ACCURACY OF THE MERCHANT CONTENT, OR REPRESENTATIONS MADE IN ANY OFFER. YOU WAIVE ANY AND ALL CLAIMS AGAINST US IN RELATION TO REPRESENTATIONS OR WARRANTIES RELATIVE TO MERCHANT OFFERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE INTERNET OCCASIONALLY ENCOUNTERS TECHNICAL OR OTHER DIFFICULTIES BEYOND OUR CONTROL, AND THAT THIS MAY DISRUPT, DELAY, OR OTHERWISE IMPAIR YOUR ACCESS TO THE REWARDS PROGRAM, THE WEBSITE, THE APPLICATION OR ANY OTHER ASPECTS OF YOUR MEMBERSHIP. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR OTHERWISE IMPOSED BY LAW, REGARDING THE CONDITION OF MERCHANT’S PRODUCTS OR PREMISES OR THE SAFETY OF PRODUCTS OR PREMISES.
d. Our Intellectual Property:
All content included in or made available through Us, or Our Application, Website or the Rewards Program, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Finance Guru LLC or its Third Party Partners and is protected by United States and international copyright laws. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any portion of the Application or the Website are trademarks or trade dress of Finance Guru LLC or its Third Party Partners in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by Us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks not owned by Us that appear in any Application or Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
e. Not Authorized Or Intended for Minors:
You understand that Memberships, and any use of the Rewards Program, is not intended for minors under the age of eighteen (18) or for any individual lacking the capacity to contract under applicable law.
f. Your Indemnification to Us:
You agree to indemnify, defend, and hold harmless Finance Guru LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to Your participation in the Rewards Program, access or use of the Website, Application, and/or any Content and Services, or Your breach of this Agreement.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of Finance Guru regarding any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. No waiver by Us (whether or not in writing) of any term, condition, or obligation of Ours shall bind Us to waive that same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation hereof be affected by such waiver.
i. Complete Agreement:
VI. Contacting Us
You may contact Us through firstname.lastname@example.org or by calling 1 888 995 0263 or through mailing us at 525 W. Monroe, Suite 900, Chicago, Illinois.
VII. Electronic Signature and Electronic Delivery
By selecting the “I Accept” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Us any agreement, acknowledgement, consent terms, disclosures or conditions constitutes Your signature.