Snagshout Terms of Service
Last Updated: 11/28/18
BY CLICKING "I ACCEPT," DOWNLOADING ANY COMPANY MOBILE APPLICATION, REGISTERING FOR A USER ACCOUNT, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS (INCLUDING ANY DOCUMENTS INCORPORATED BY REFERENCE HEREIN) AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS.
If you do not agree to these Terms, if you are not at least eighteen (18) years of age, do not meet any other Eligibility Requirement (as defined below), you are prohibited from using the Services in any way, including registering for a User Account or logging into Snagshout.
PLEASE READ THESE TERMS CAREFULLY, IN THEIR ENTIRETY, AS THEY COMPRISE YOUR BINDING AGREEMENT TO ARBITRATE DISPUTES, YOUR CONSENT TO PERSONAL JURISDICTION IN THE STATE OF WASHINGTON, USA, YOUR RELEASE OF CLAIMS AND LIABILITIES AGAINST THE COMPANY, YOUR WAIVER OF TRIAL BY JURY, AND YOUR WAIVER OF ANY AND ALL RIGHTS YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY.
Snagshout generally allows Merchants to set up and administer various programs (“Promotional Programs”), in which they use Snagshout to make available to Shoppers, on a limited-time and/or limited-quantity basis, promotional benefits (“Deals”) such as price discount codes, cash-back rewards, or other rewards (each a “Snag”). Shoppers may claim and redeem an available Deal in the course of purchasing a good or service (a “Product”) from a Merchant offering a Deal on that Product. Shoppers may also be encouraged (but not required) to tell others (e.g. via social media post) about Deals they participate in on Snagshout (a “Shout”).
One type of Promotional Program provided by the Company may be a “Cash Back Program”. The Company may receive compensation for referring Shoppers to Products sold by Merchants. The Company may give a portion of this fee to Shoppers (“Cash Back”). Compensation received by the Company may play a part in whether, where, and how Merchants and their Products appear on our site. Cash Back Programs are offered at the sole discretion of the Company and are subject to your compliance with this Agreement and the provisions set forth in (among other places) Sections 2.4 and 4.
The Company may provide Cash Back to Shoppers via, e.g., PayPal, or via other payment options in the sole discretion of the Company. You may need to sign up for, or become a member of, a third party service such as PayPal in order to receive Cash Back. The Company endeavors to pay Cash Back rewards to Shoppers within ninety (90) days (see our payment schedule here https://www.snagshout.com/faq), but payment may take longer. The Company is not responsible for Cash Back rewards that are delivered to the wrong digital or physical address (as applicable), deposited in the wrong account, uncashed, returned, marked undeliverable, refused, or prevented or modified by (or by order of) a governmental or judicial body.
Any rewards or benefits you may be eligible for in connection with a Promotional Program other than a Cash Back Program have no monetary value, may not be redeemed for money, and are not (unless the Company explicitly states in writing otherwise) redeemable in the form of Cash Back.
You are solely responsible for ascertaining and paying any tax liability that may arise as a result of your receipt any benefit or value (including, but not limited to, Cash Back) through the Services.
At any time, in the Company’s sole discretion, the Company may (i) determine whether or not a Shopper is eligible to claim or redeem a Deal (or generally to participate in any Promotional Program); (ii) determine if a Shopper has (through one or more User Accounts) already claimed or redeemed a Deal and is thus ineligible; (iii) limit (or establish a minimum on) the number of Deals a Shopper may participate in or a Merchant may offer; (iv) determine whether or not a Shopper has met any applicable requirements to claim or redeem a Deal (or generally to participate in any Promotional Program); (v) modify the amount of or withhold entirely a cash-back reward; and (vi) establish, withdraw, or modify transaction, balance, or account activity thresholds, or other conditions for Shoppers or Merchants to maintain an active User Account, or standards under which a User Account may be deemed in “good standing” or eligible to participate in any Promotional Program.
The Company reserves the right to add, change, limit, withhold, deny, or discontinue aspects of the Services with respect to any individual User or all Users, including any fees, costs, or payments related to the Services, and Users’ eligibility to participate in and benefit from Promotional Programs. Your sole and exclusive remedy for any such action by the Company is to cease participating in the Services.
THE COMPANY’S OBLIGATIONS AND UNDERTAKINGS UNDER THIS AGREEMENT, INCLUDING ANY PROMOTIONAL PROGRAMS, MAY BE SUBJECT TO THE PRICING, TERMS, CONDITIONS, AND POLICIES SET FORTH BY MERCHANTS, ONLINE RETAILERS OR OTHER THIRD PARTIES (AS APPLICABLE), WHICH MAY BE CHANGED FROM TIME TO TIME BY SUCH PARTIES WITHOUT NOTICE TO US OR TO YOU. WE HAVE NO CONTROL OVER SUCH POLICIES OR CHANGES, NOR WILL WE HAVE ANY LIABILITY TO YOU FOR OUR FAILURE TO PERFORM, OR FOR YOUR INABILITY TO CLAIM, REDEEM, OR RECEIVE ANY VALUE OR BENEFIT UNDER A PROMOTIONAL PROGRAM, INCLUDING CASH BACK, AS A RESULT OF ANY SUCH POLICIES OR CHANGES.
If you are a Merchant, the Services may enable you to participate in Promotional Programs and offer Deals to Shoppers (hereinafter referred to as operating a “Campaign”). You understand and agree that the Company is offering a promotional and marketing service, and that while your Campaign may allow for Shoppers to receive various benefits such as Cash Back, it is within the sole discretion of the Company how, whether, and to what extent benefits or value will be provided to Shoppers.
The Company may require that all or a portion of the payment for operating a Campaign be paid up front. If the Company terminates the Services or modifies them in a way that renders one or more of your Campaigns inoperable, the Company may refund you an equitable portion of up front fees you paid for any Campaign so affected.
In order to set up and operate a Campaign, you may be required to create one or more promotional codes or deposit funds for the use of rebates (i.e. for an online retailer who is then-currently supported by the Services). You are solely responsible for ensuring the accuracy and validity of your promotional codes. The Company is not responsible for any error or inaccuracy with respect to your promotional codes. We may require additional information from you about your products or customers in order to set up and operate a Campaign, and we may be unable to proceed with a Campaign without such information.
Upon set up and launch of a Campaign, the Company will make reasonable efforts to make the Campaign available to Shoppers via the Services, subject to the availability of your product(s), the acts of third parties beyond the Company’s control (such as third party online retailers), Acts of God, and as otherwise provided in this Agreement.
The information you offer to Shoppers regarding a Campaign and any Deals therein, and any product descriptions, pricing information, quantity limits, or promotional materials you provide regarding the same, must be complete, truthful, and accurate.
You hereby agree, represent, and warrant that (i) at the time of creation of your User Account, (ii) for the entire duration your User Account remains open, and (iii) at any point you access the Services, you meet the following list of requirements, along with any other requirements, rules, policies, or guidelines then in place, as set forth by the Company from time to time (collectively, the “Eligibility Requirements”):
You are 18 years of age or older.
Your submission of any information to the Company (“Submitted Information”), including financial, identity, and contact information, in connection with your registration for a User and your use of the Services is accurate and truthful. You agree to maintain Submitted Information in an accurate and truthful state and modify it if necessary to reflect any change that would otherwise render any of your Submitted Information inaccurate or untruthful.
If you are entering into this Agreement on behalf of a company or other legal non-person entity (an “Entity”), you have the authority to bind that Entity to this Agreement, and do hereby bind that Entity to this Agreement. In such case references to “you” and “your” in this Agreement shall also be read to refer to that Entity and any person or entity that, via your User Account, accesses any Services.
You are not 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”). You are not listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime, or on the U.S. Commerce Department’s Table of Deny Orders. You are not a resident of the European Economic Area (the “EEA”), nor are you considered a Data Subject as defined by the EU General Data Protection Regulation (“GDPR”). Your registration for a User Account and your use of the Service is in compliance with any and all applicable laws and regulations.
When you accept these Terms and complete our sign-up process, you will have created a User Account.
In order to create your User Account you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User Account. If you suspect or become aware of any unauthorized use of your Account please contact us.
You agree that all information you provide to the Company during the sign-up process and thereafter during your use of the Services will be true, accurate, complete and current information, and that you shall maintain and update the Submitted Information as needed throughout the lifetime of your User Account to keep it accurate and current. Failure to provide accurate, current and complete Submitted Information may result in the suspension and/or termination of your Account.
As part of registration, and from time to time, we may require you to verify your email address or validate other information about you.
You agree to use the Services only for the purposes as permitted by these Terms, as further limited by any applicable law or regulation. You may not use the Services in any way that is unlawful, or harms the Company, another User, or any other person or entity. You agree that you will NOT use the Services, including any of our websites or mobile applications, to:
The above items, as set forth in Section 5.2(a)-(g), and as may be modified or added to by the Company from time to time (including by posting such changes outside this Agreement, e.g. on the Company’s website), may hereinafter be referred to as “Community Standards”. Your account may be terminated, without remedy, for conduct that we determine, in our sole discretion, violates the Community Standards.
You further agree and understand that your conduct outside the context of the Services may reflect on the Company and the Services. Accordingly, you understand and expressly agree that your User Account may be terminated, without remedy, for conduct unrelated to the Services that would violate Community Standards were it to occur in the context of the Services. This includes communications anywhere by way of analog or digital messaging, print, social media, or posts in internet fora.
Violations of this Agreement, including the limitations set forth in this Section 5.2, may result in suspension or termination of your User Account, referral to law enforcement, or other actions as the Company deems, in its sole discretion, to be appropriate. We reserve the right to modify these limitations on use and rules of conduct at any time.
You may close your User Account and/or stop using the Service at any time. If you are at any time dissatisfied with any aspect of the Services or any Promotional Program, your sole and exclusive remedy is to cease participating in the Services.
We may, at any time, under any circumstances and without prior notice, terminate or suspend all or a portion of your User Account and/or your access to the Services. Cause for such termination may include, but are not limited to:
Any such termination or suspension shall be made by us in our sole discretion and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your User Account and/or access to the Service.
You acknowledge and agree that we may access, use, preserve and/or disclose information we have collected from or about you, including data from your User Account, data collected from your use of the Services, data collected from devices you use to access the Services (including location data), and any other information you provide to us or we collect from you, for reasons including, but not limited to:
You are responsible for obtaining the data network access necessary to use the Services. Your internet provider’s data and messaging rates and fees may apply if you access the Services from your device(s).
You are responsible for any expenses imposed by your phone or internet provider as a result of your use of the Services and any steps you take in order to create a User Account or access the services (including, for example, accessing a website or downloading a mobile application), your receipt of text messages or phone calls in connection with the Services, data transmission costs related to your use of the Services, or any other expenses you incur in order to access the Services.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The Services are provided "as is" and on an "as available" basis, without warranty or condition of any kind. The Company makes no representation that the Services, or any part or aspect thereof (including any of our websites, mobile applications, portals, dashboards, payment systems, or physical infrastructure), will be accessible, available, functioning in any particular manner, or suitable for any particular purpose, at any time, for any duration, in any geographic area. The Company makes no representation that you will be able to view, claim, redeem, make available, administer, or otherwise interact with any aspect of any Promotional Program at any time.
Shoppers and Merchants may, in connection with their use of the Services, be able to post content such as reviews, ratings, messages, text content, video, images, pricing information, and other types of data (collectively, “User Content”). You hereby grant to the Company a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, publish, exhibit, perform, display, reproduce, distribute, transmit, modify, comment on, create derivative works from, aggregate, index, sublicense, and otherwise exploit, in any media now known or hereafter devised, for any commercial or non-commercial purpose, without any need for further notice to, attribution to, payment to, or permission from you or any other person or entity, all User Content, along with any information or data that you submit to the Company or that the Company collects from you and your devices.
By submitting User Content, you represent and warrant that the User Content and your use thereof conform to this Agreement and that you own or have the necessary rights, licenses, consents, and permissions, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by this Agreement.
To the extent any moral rights, ancillary rights, rights of termination, or similar rights (“Other Rights”) in or to User Content exist and would impair any right of the Company under Section 7.1, and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give the Company a waiver of Other Rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the User Content by or on behalf of the Company, any of its licensees, and any subsequent owner of copyright in the Content, including an act or omission which would, but for this Agreement, infringe any of your Other Rights (a “Rights Consent”). To the extent any other person has Other Rights in or to your User Content, you must obtain a Rights Consent from that person and provide it on request to us.
You are solely responsible for your User Content and any consequence that follows your posting of User Content. You understand and agree that in the course of using the Services, you might encounter content that is offensive, objectionable, indecent, misleading, inaccurate, or impermissible in a jurisdiction. You agree to waive, and hereby do waive, any rights, remedies, or claims you may have against the Company with respect to any content you encounter or post in connection with your use of the Services, and with respect to any content or information the Company has, maintains, or publishes, including any right to request that content or information be added, removed, or modified. While the Company reserves the right to monitor, edit, add to, or delete User Content for any reason in its sole discretion, you understand and expressly agree that the Company is under no obligation to monitor, edit, or control User Content and takes no responsibility for content you encounter in connection with your use of the Services.
If you believe your intellectual property rights are being infringed by any material hosted by the Company or distributed in connection with the Services, please send an email to email@example.com .
The Services are owned and operated by the Company. All information, materials, websites, apps, platforms, code, graphics, video, text, data, user interfaces, and other elements of the Services (collectively, “Company Content”) are protected by U.S. copyright, trademark, trade secret, and other intellectual property laws. Company Content is the copyrighted property of the Company. All trademarks (including the “Snagshout” name and logo), slogans, service marks, trade names, trade dress, inventions, processes, and trade secrets embodied in the Services, or otherwise in Company Content, are owned by and proprietary to the Company.
We may change the Services, or any portion or aspect thereof, or delete Company Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Company Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services, including as part of a derivative work. Using our Company Content for any purpose other than to interact with and utilize our Services is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You understand and expressly agree that nothing in these terms shall have the effect of transferring ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress, trade secrets, inventions, or other proprietary rights in any Company Content, or in any information otherwise contained in, embodied in, or provided by the Services, to you or any third party, nor to authorize you to create derivative works based on the same.
You may not use, and hereby agree not to use, without the Company’s express written permission, any of the Company’s trademarks (i) in any manner that is likely to cause confusion among customers; (ii) in any manner that disparages or discredits the Company; (iii) in any ad text, extensions or banner ads; or (iv) in any bid for or purchase of keywords, search terms, promoted links, or advertising space.
You hereby represent and warrant the following:
You agree to defend, indemnify and hold harmless the Company, its affiliates, subsidiaries, and each of its and their respective directors, officers, shareholders, managers, employees, agents, partners, representatives, licensors, successors, and assigns (collectively, “Related Parties”) from any claim, demand, loss, award of damages, expense, or cost (including reasonable attorneys’ fees) that arises out of:
Some jurisdictions limit or disallow the exclusion of certain warranties or the limitation of certain disclaimers or liabilities. Notwithstanding the disclaimers and limitations set forth in this Section 11, this Agreement shall be construed as disclaiming any warranty and limiting any liability only (but to the maximum extent of) the limits of applicable law. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit any liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT SUCH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND RELATED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In particular, the Company and Related Parties make no warranty that: (i) the Services will meet your requirements; (ii) your use of the Services will be timely, uninterrupted, secure, or error-free; (iii) any information you obtain through or as a result of your interaction with the Services will be accurate or reliable; (iv) any defects or errors in the Services will be corrected; (v) any Product you obtain from a Merchant will be free of defects, fit for any purpose, safe, effective, desirable, or legal to buy, possess, or use in your jurisdiction. We make no warranty as to the quality, accuracy, completeness, reliability, currentness, applicability, or validity of any information found in or obtained from the Services or any User.
Any material downloaded or otherwise obtained through the use of the Services, including any of our websites and mobile applications, is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from accessing any such material. No advice or information, whether oral or written, obtained by you from the Company or through or from the Services shall create any warranty not expressly stated in these terms.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE COMPANY AND RELATED PARTIES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, ACCESS, USAGE, DATA, OR OTHER INTANGIBLE LOSSES, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER COGNIZABLE HARM RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING THE NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE, REGARDLESS OF THE NEGLIGENCE (SOLE OR JOINT, IN ANY PROPORTION) OF THE COMPANY OR ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The company shall not be liable for any damages, liability, or losses arising from or related to:
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM RELATED TO THE SERVICES IS TO CEASE PARTICIPATING IN THE SERVICES. YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO ANY MONETARY RECOVERY OR EQUITABLE REMEDY FOR ANY CLAIM RELATED TO THE SERVICES.
Except in cases where the Company believes you have engaged in fraud, other illegal behavior, or any other form of willful and serious misconduct, you agree that any and all disputes or claims that have arisen or may arise between you and the Company arising out of or in connection with this or previous versions of these Terms, including any disputes regarding the existence, validity or termination thereof, or your use of or access to Services, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate set forth in this Section 12.
You and the Company agree that each Party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the Company agree otherwise, the Arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the Arbitrator may award relief (of any kind, whether monetary, injunctive, declaratory, or otherwise) only in favor of the individual party seeking relief, subject to the limitations set forth in Section 11.2, and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
If the value of the relief sought is ten thousand dollars ($10,000.00) or less, either you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company, subject to the Arbitrator’s discretion to require an in-person hearing (as warranted by the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or the Company, unless the Arbitrator requires otherwise. The Arbitrator shall decide the substance of all claims in accordance with Section 13.4 and this Section 12, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator shall not be bound by prior rulings in in any other dispute between the Company and another User or disputant, and shall be bound by rulings in prior disputes involving the Company and the same User or disputant to the extent required by applicable law. The Arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by AAA rules, unless otherwise stated in these Terms to arbitrate.
These Terms constitutes the entire agreement between the you and the Company, governs your use of the Services, and completely replaces any prior agreements between you and the Company in relation to the Services. We reserve the right to modify these Terms at any time, and will post the most recent version of these Terms of Service to this page along with the “Last Updated” date. It is your responsibility to keep yourself apprised of any modification to these Terms of Service, Community Standards, and any other documents comprised by this Agreement. Your continued use of the Services and non-termination of your User Account after any modification of these Terms shall constitute affirmative acceptance by you of such modification and your consent to abide by the terms thereof.
No waiver (whether by act, omission, or otherwise) by the Company of any provision of these Terms shall be effective unless explicitly set forth in writing and signed by the Company. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any provision of these Terms is invalid, void, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability, and, to the extent permitted and possible, each provision so excluded shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. All other provisions of these Terms shall remain in full force and effect.
These Terms and all matters arising out of in connection with these Terms shall be governed by and interpreted according to the laws of the State of Washington, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Washington.
Headings and subheadings appear solely for the convenience of the parties. Headings and subheadings are not part of these Terms and shall not be used to construe, interpret, expand, or limit these Terms or any provision herein.
You and the Company expressly agree that (i) this is not an employment agreement; (ii) this does not create any employment, partnership, joint venture, franchisor-franchisee, or agency relationship between you and the Company or any Related Party; and (iii) you are not entitled to any salary or benefits from the Company.
You hereby agree that you have no authority to bind the Company, and that you will not to hold yourself out as an employee, agent or representative of the Company.
Nothing in these Terms shall create any right in any third party as against either party or be construed for the benefit of any third party.
If you have any questions about the Services or this Agreement, please contact us at firstname.lastname@example.org .