TERMS AND CONDITIONS>
These Terms and Conditions (“Terms”) govern the websites, and related goods, services, and mobile and software applications, on which these Terms are posted (collectively, the “Website”) provided by Synergy World, Inc. (“Company”). REVIEW THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. The Website allows you to participate in rewards programs and related loyalty services and e-gift card offers made available by third parties. You understand and agree that these third-party rewards, goods, and services are controlled by these third-parties and that Company is only a service provider for these third parties. By using the Website, you are using or directing Company to intentionally disclose your information to and using Company to intentionally interact with the third-party business(es) that you have visited and for which you are obtaining rewards, goods, or services, as applicable.
1. Binding Agreement
By using or accessing the Website in any way, you represent and warrant that you (i) have read, understood, and agree to be bound by these Terms and (ii) are at least 18 years old and legally qualified to enter into contracts. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND BY THEM, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. By using the Website, you further consent to the collection and use of certain information about you, as specified in Company’s separate Privacy Policy
2. Dispute Resolution, Mandatory Arbitration, Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY AS IT RELATES TO RESOLVING DISPUTES.
Claims. “Claim(s)” shall mean any dispute of any kind between you and Company, or any of its owners, officers, managers, directors, employees, agents, consultants, representatives, affiliates, partners, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, or the Website including, but not limited to, any goods or services offered through the Website. Customer satisfaction is our goal, and we urge you to contact us to resolve any Claims prior to commencing a formal action.
Mandatory Arbitration and Governing Law. You and Company Entities agree that all Claims not resolved through our customer service department must be resolved exclusively through final and binding arbitration, rather than in court, except for the limited exceptions outlined below. There is no judge or jury in arbitration. The arbitrator will resolve any and all Claims, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes, unless the parties mutually agree to arbitration by a different arbitrator. The AAA's rules are available at www.adr.org. Either party must commence arbitration by submitting a Demand for Arbitration to the AAA with a written copy to the other party. Payment of all arbitration fees will be governed by the AAA's rules. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration. If the arbitrator determines in its sole discretion that the Claim you asserted in the arbitration is frivolous or brought for an improper purpose, you agree to reimburse us for all fees associated with the arbitration paid by us. The arbitration may be conducted in person, through document submission, through telephone, or online, but the location of the arbitration shall be in San Diego, California. These Terms shall be treated as though they were executed and performed in San Diego, California. These Terms and any Claims shall be exclusively governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, USA, exclusive of conflict or choice of law rules. You agree that the Website shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than California, which is where the Website is controlled and operated from. An arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by law.
Waiver of Class Actions and Jury. YOU AND COMPANY ENTITIES AGREE THAT EACH MAY ONLY BRING ANY CLAIM AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. THIS WAIVER IS A MATERIAL PROVISION OF THESE TERMS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. YOU ACKNOWLEDGE THAT WITHOUT THE MANDATORY ARBITRATION PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Limited Exceptions. Notwithstanding the Mandatory Arbitration provision above: (i) you may assert a Claim on an individual basis in small claims court if the Claim seeks $1,000 or less; (ii) either party may seek provisional remedies in aid of arbitration including, without limitation, orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction; and (iii) either party may apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, including to enforce intellectual property rights or protect against theft, piracy, or unauthorized use or access. BOTH PARTIES AGREE THAT THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION WILL BE THE FEDERAL AND STATE COURTS IN SAN DIEGO, CALIFORNIA.
3. Communications
By using the Website and/or by providing your name, email, physical address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email and SMS/MMS “text message” communications, regarding the Website, product offers, promotions, and other information that may be of interest to you. In particular, by providing your name and phone number and registering on the Website, and providing your express written consent to receive calls and texts, you verify that any mobile phone number that you provide is your number, you consent to receiving text messages via automated technology to that number regarding offers and details about your rewards and any orders, and you understand that consent is not a condition of purchase and that message and data rates may apply; by providing your email address, you consent to receiving emails, including updates with special offers and details about your rewards and any orders. You may opt out of receiving communications from Company at any time by (i) following the unsubscribe/opt-out instructions contained in each communication; or (ii) emailing your request to[email protected]
4. Prohibited Uses
You represent that you will not do the following in relation to the Website: (i) violate, or encourage violations, of these Terms or any applicable law or regulation; (ii) provide false, misleading, or inaccurate information, including through impersonation; (iii) transmit viruses, Trojan horses, worms, malicious code, or destructive Content; (iv) use a robot, spider, or other application to retrieve or index any part of the Website; (v) attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to any content or data; (vi) attempt to interfere with the use of the Website by any other user, computer, or network, including by submitting malware or exploiting software vulnerabilities; or (vii) forge or falsify any network packet or protocol header or metadata.
5. Privacy
Company may disclose your personal information as outlined in the Privacy Policy, including if reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply these Terms; (iii) comply with legal process or government inquiry; or (iv) protect the rights, reputation, or property of itself, its users, or the public. You may be required to set up a Company account to use certain parts of the Website. You are responsible for the quality and integrity of the data in, and the privacy of, your account. You agree to take all reasonable precautions to prevent unauthorized access to your account and agree to immediately notify Company of any suspected or actual unauthorized access to your account. Company shall not be liable for any loss incurred by you or any third party relating to your account, including for unauthorized access to your account.
6.Third-Party Websites
The Website may contain third-party content or links to third-party services. Company does not guarantee the accuracy, completeness, or usefulness of any third-party information or adopt, endorse, warrant, or accept responsibility for same. Company does not have control over third parties, each of which may be have its own terms and conditions and/or privacy policy. You assume all responsibility for all resulting harms by visiting third-party services, even where such third-party services are linked from or referenced in the Website. You should review the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Intellectual Property
Company’s trademarks, service marks, logos, copyrighted material, and the Website are the intellectual property of Company and/or its licensors. You may not copy, modify, publish, transmit, distribute, display, or sell any of Company’s propriety content, and you do not own any right, title, or interest in the same. You will retain any intellectual property rights in any content provided by you in relation to the Website, including any testimonials, and you grant Company a non-exclusive and irrevocable license to use, publish, and distribute the same.
If you believe that content on the Website infringes one or more of your copyrights, please promptly submit a claim to Company at [email protected] via email with the subject line “Copyright Infringement” and with an identification of the copyright claimed, a description of the material you claim is infringing, your name, address, telephone number, and email address, and a signed statement by you (i) that you believe in good faith that the use of your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent, and (ii) under penalty of perjury, that all of the information contained in your notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. For more information, please see the Digital Millennium Copyright Act.
8. Disclaimers, Limitation of Liability, Indemnity
TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL MEET YOUR NEEDS. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES, LOST PROFITS, REVENUES, LOSS OR DAMAGE TO DATA, OR ANY OTHER LOSS OR DAMAGES RELATED TO YOUR USE OF THE WEBSITE, INCLUDING ANY LOSS OR DAMAGE TO YOUR ELECTRONIC DEVICES OR DATA. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE. YOUR SOLE REMEDY REGARDING THE WEBSITE IS TO STOP USING THE WEBSITE. YOU UNDERSTAND AND AGREE THAT COMPANY PROVIDES A PLATFORM FOR THIRD-PARTY BUSINESSES TO OFFER THEIR REWARDS AND RELATED GOODS AND SERVICES. COMPANY SHALL NOT BE LIABLE FOR ANY THIRD-PARTY OFFERS, REPRESENTATIONS, GOODS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to Company), and hold harmless Company and its licensees, licensors, employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use of or access to the Website or your account; or b) your violation of these Terms or any applicable law.
10. Assignment, No Agency
These Terms and your rights and obligations hereunder are not assignable or transferable by you. Notwithstanding, these Terms are assignable and transferable by Company and will be binding upon and inure to the benefit of your successors and assigns. These Terms do not create any agency, employer, partner, or joint venturer relationship between you and Company.
11. Termination, Modification, No Waiver
Company may terminate your account if your or any use of the Website, modify or discontinue the Website, or modify these Terms for any reason at any time without notice. Provisions in Paragraphs 2-10 shall survive any termination. Each time you use the Website, the then-current version of these Terms will apply. Company cannot waive any rights under these Terms except by a prior signed writing. You should review these Terms periodically. IF YOU FIND ANY CHANGES UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
12. Entire Agreement, Severability
These Terms constitute the entire agreement between you and Company relating to the Website and supersede all prior or contemporaneous understandings. These Terms may be supplemented by a separate signed written agreement for services. These Terms shall not be construed against the drafter. If any part of these Terms is held invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted by law. The headings in these Terms are for convenience only and shall have no legal or contractual effect.
If you have any questions about these Terms, please email us at [email protected]