Terms of Service

FANBANK MERCHANT TERMS OF SERVICE

Last Updated June 12, 2018

Welcome to Fanbank! Fanbank operates a technology enabled platform that uses a variety of strategies to provide marketing, loyalty and commerce Programs to locally-owned, participating businesses (“Services”). Fanbank’s technology platform and Program is designed to leverage social media, promotions, automated communications, data and incentives to elevate awareness of participating Merchants and motivate consumers to purchase goods and services at participating Merchants.

1. Acceptance of Terms of Use Agreement.

a. This Agreement is an electronic contract that establishes the legally binding terms between Fanbank, Inc. (“Fanbank” or “we” or “Company”) and you, an individual or entity (“Merchant” or “you”) (“Agreement”). Fanbank is a corporation established in Delaware, United States of America, with headquarters in Santa Monica, California, United States of America. By electronically or verbally providing consent to participate in the FanBank Program (the “Service”), you are agreeing that you have read and understand, and agree to be bound by, the terms and conditions in this Agreement. In addition to this Agreement, you should read the Fanbank Privacy Policy. In the event of a dispute, you agree to the mandatory arbitration procedure defined herein. As used in this Agreement, Fanbank and Merchant or you may be individually referred to as a “Party” and collectively referred to as the “Parties.”

b. By accessing the Website or using the Program, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a nonelectroniccopy of this Agreement, please Contact Us at connect@Fanbank or send a letter and self-addressed stamped envelope with sufficient postage to: Fanbank, 1351 Third Street Promenade, Santa Monica, CA 90401. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.

c. By using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.

d. As a participating Merchant, Merchant agrees to allow Fanbank and its Third Party Providers, to a) collect Payment from Merchant as specified below; b) collect and track certain Participant Data, as specified below, from Participant purchases; c) compile, and report to Merchant, Merchant specific consumer data; d) provide the Merchant a platform for enabling Merchant to offer valuable incentives to likely shoppers; e) grant Merchant access to a rewards network comprised of participating Merchants and other third party businesses; and f) issuing Participants incentives in conjunction with Merchant prescribed Participant behavior. Fanbank reserves the right to make updates, additions and technological changes to the Programs at any time.

Definitions.

“Campaign” shall mean advertising, promotional or marketing campaigns featuring a variety of programs which enables allows Participants to Link registered Payment Cards via the Collinson Platform in order to have loyalty rewards credited to their Loyalty Accounts.

“Collinson” means Collinson CLO, Inc. or such other data aggregator that Fanbank may contract with to provide to Fanbank certain data matching transactions between the Merchant and Participants.

“Collinson Platform” shall mean Collinson’s technology and platform (including software, servers, and associated user interface) by which Collinson matches Participant’s registered Payment Card transactions with Merchants, and transmits Transaction Data.

“Collinson Services” shall mean the Loyalty Transaction Matching services and transmission of Transaction Data to Fanbank to be performed by Collinson to Fanbank as enabled by the Collinson Platform.

“FanCoin” means a virtual denomination that represents Participant’s loyalty points issued by or on behalf of Merchant to Participant to reward Participant for engaging in Merchant prescribed behavior.

“FanStore” means a virtual store populated with Merchant’s and, where applicable, certain third party rewards (goods, services and experiences) which can be redeemed by Participant using Rewards.

“Financial Institutions” shall mean those financial services institutions that have arrangements with Collinson Group to facilitate the validation of Redemptions, including, without limitation, payment network partners (such as American Express, MasterCard and VISA).

“Link” (and variations thereof) shall mean the act of connecting a Loyalty Program with a Payment Card registered with Collinson Group so as to allow tracking and validation of Redemptions and transmission of Loyalty Transaction Matching information.

“Loyalty Account” shall mean a Participant’s Loyalty Program account in which Participant’s Rewards are credited

“Loyalty Program” shall mean a variety of Reward programs that incentivizesParticipants to engage in desired and repeated purchasing behavior, or other behavior prescribed by Merchant, through Rewards or other benefits.

“Loyalty Transaction Matching” shall mean the validation of qualifying Participant transactions executed with Merchants using a Payment Card and transmitting relevant Transaction Data to Fanbank to complete the process for crediting Rewards to Loyalty Accounts.

“Participant(s)” shall mean a user, consumer, or customer of a Merchant who has registered for the Loyalty Program and uses his or her Payment Card for the purposes of earning Rewards.

“Participant Data” shall mean Participant data collected from the promotion of Loyalty Programs and related Campaigns from a Party’s respective websites and platforms.

“Pay for Performance” shall mean specific Programs provided by Fanbank where Merchant agrees to pay additional fees above the monthly Payment for issuance of Rewards, FanCoins, or other incentives or Merchant agrees to a revenue share agreement.

“Payment Method” shall mean your chosen payment provider provided at the time of enrollment to be used for collection of Payment by Fanbank. You may update your Payment Method by contacting Fanbank.

“Payment Card” shall mean any registered payment card, debit card or credit card issued by Financial Institutions and supported by the Collinson Services.

“Program” shall mean variety of activities deployed by Fanbank on behalf of participating Merchants designed to leverage social media, promotions, automated communications, data, Rewards, and incentives to increase consumer awareness of participating Merchants and motivate consumers, and to purchase goods and services at participating Merchants.

“Redemption” (and variations thereof) shall mean the act of consummating a purchase of goods or services in accordance with the terms and conditions of a Loyalty Program Campaign with the use of a Payment Card to which it is Linked.

“Redemption Value” shall mean the value of the discount, rebate or other benefit of a validated Redemption.

“Rewards” shall mean FanCoin, goods, services, experiences, gift codes and such other incentives as Fanbank may offer Participants from time to time for such Participant’s participation in the Loyalty Program.

“Service” shall mean a variety of Programs and Campaigns provided to Merchant by Fanbank

“Third Party Providers” shall mean third party service providers (including Collinson),publishers, resellers, contractors, agents, and Financial Institutions used by Fanbank and/or Collinson during the course of this Agreement.

“Transaction Data” shall mean all transaction data relating to Campaigns, including Linking, Redemption, Loyalty Transaction Matching data related thereto, collected by Collinson.

3. Term and Termination.

a. This Agreement will remain in full force and effect while you use the Service and/or are a participating Merchant.

b. You may terminate this agreement by providing a written notice of cancellation via email to connect@fanbank.com or sending a cancellation request to Fanbank, Inc. 1351 Third Street Promenade, Santa Monica, CA 90401.

c. Fanbank may terminate this agreement (a) by providing 72 hour written notification to Merchant, notice by email is an acceptable method of notice (b) automatically if Merchant materially breaches this Agreement, including not providing sufficient Payment (c) without notice to Merchant if Fanbank, in its sole discretion, determines that Merchant’s actions and practices relating to Fanbank are unlawful or commercially unreasonable towards Fanbank, the Fanbank Platform, other Fanbank Merchants or Participants.

d. If Merchant requests cancellation, Fanbank will not provide a refund for a partial month of Service. Upon cancellation request, Fanbank will suspend Merchant’s next scheduled payment and terminate services for Merchant.

e. You may cancel the agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, email connect@fanbank.com with the information that you are cancelling the agreement including your Business name and associated email address. If you cancel within the stated time period of prior to midnight of the third business day following the original date of this contract, Fanbank will refund, within ten days of the date on which you give notice of cancellation, any payments you have made.

4. Payment and Subscription.

a. Merchant agrees to provide payment to Fanbank in return for Services provided by Fanbank.

b. Fanbank will automatically bill you through the Payment Method you provided at the time of enrollment for use of the Service. You agree to pay Fanbank all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents), and you authorize Fanbank (through our third-party processor) to charge your chosen payment provider for the Service. You agree to make payment using that selected Payment Method. Fanbank may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen PaymentMethod. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Fanbank may in its discretion terminate your account immediately. If the Fanbank successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

c. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period (usually 1 month), and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. Payment is due at the beginning of each subscription period, and on the anniversary date of each renewal period thereafter. For example, if Merchant enrolls on the 15th of the month, Merchant will be charged for the first month of service on the date of enrollment and on the 15th of every month thereafter. If Merchant’s Payment shall fall on a date in a month with no anniversary date, 31st in a month with 30 days, Merchant will be charged on the last day of that month.

d. If you do not wish your account to renew automatically, or if you want to terminate your subscription, you must provide cancellation notice. If you cancel your subscription, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

e. You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Fanbank if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting Fanbank at connect@fanbank.com. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you creditor debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Website or Service when automatically renewing your account, as set forth in Section 4.

f. If you elect to use your bank account as the Payment Method, you authorize Fanbank to charge your bank account through an Automated Clearing House Transaction (ACH) for your payment amount. You certify that you are an owner or authorized representative of the Merchant with the authority to authorize these payments on the Merchant’s behalf. You understand that this authorization will remain in effect until this agreement is cancelled per Section (3). If the scheduled payment dates fall on a weekend or holiday, payments may be executed on the next business day. You agree to keep sufficient funds in the account. If the transaction is returned for Non-Sufficient Funds (NSF) Fanbank may re-attempt to process the charge again within 30 days. You are responsible for any bank charges resulting from transactions returned for any reason and agree to pay Fanbank $25 per incident. You affirm that the bank account provided is enabled for ACH transactions. You agree not to dispute these scheduled transactions provided the transactions correspond to these terms. Both parties agree to be bound by NACHA Operating Rules and U.S. Law as they pertain to these transactions.

g. If you elect to participate in a Pay for Performance Program, you authorize Fanbank to charge your Payment Method for the fees associated with Pay for Performance Programs as they are incurred.

h. Fanbank agrees to use industry accepted practices to secure all private information obtained for the execution of this Agreement.

5. Advertising and Promotions.

The logos, trademarks and other designations of each Party are collectively referred to as the “Trademarks” of that Party. Fanbank (and its Third Party Providers) may use the Merchant’s Trademarks in Fanbank’s sales and marketing. Fanbank agrees to follow any Trademark use guidelines provided by the Merchant in writing. In no event shall Fanbank use Merchant’s Trademarks in any defamatory or obscene manner or, as determined by Merchant in its reasonable discretion, in any manner likely to harm the Merchant’s reputation or goodwill. Fanbank grants Merchant a non-exclusive, nontransferable license to use Fanbank’s Trademarks solely to promote Fanbank, the FanStore and Fanbank related events during the term of this Agreement. Merchant will present to Fanbank, for its prior approval, any item or material that uses or refers to Fanbank’s Trademarks. Merchant shall not use Fanbank’s Trademarks in advertisements or promotions that contain any reference to any entity that is not related to Fanbank. Merchant consents to receive periodic advertisements, promotions, and marketing from Fanbank about Fanbank promotions. Fanbank agrees to use Merchant information solely for the purposes of active promotions and as otherwise permitted herein, and will not sell, deliver, or otherwise transfer Merchant information to another except as permitted herein or unless required by the federal or applicable state laws of the United States of America.

6. Consent to Collection of Certain Participant Data.

Fanbank and/or its Third Party Provider must collect certain Transaction Data related to purchases made from the Merchant with registered Payment Cards. To facilitate the collection of this data, Fanbank may establish data and/or telecommunications links, and: (a) the Merchant, its employees, and/or appointed agents authorize Fanbank and its Third Party Providers to use the Merchant’s Transaction Data as contemplated by and in furtherance of the objectives of the Fanbank promotions, including for determining the qualification of Participant transactions for credit and for identifying and tracking participating merchant members activity; (b) Merchant authorizes Collinson to enroll Merchant as a participating merchant enabled by Collinson Services and applicable Financial Institutions; and (c) Merchant permits the monitoring, collection, use, disclosure and sharing of related Payment Card Transaction Data for the purpose of enabling the Collinson Services; (d) Merchant acknowledges that it will remain responsible for any fees imposed by its settlement bank, settlement processor, authorization network processor, or the like in its normal course of processing payment transactions; and (e) Fanbank shall otherwise treat transaction, financial, and Participant information obtained and/or processed by Fanbank as a result of this Agreement in strict confidence. Fanbank agrees that it will only use Transaction Data provided to it in connection with this Agreement for purposes of fulfilling its obligations to the Participant(s) and the Parties in connection with the execution of this Agreement.

7. Data Rights.

Merchant consents to Fanbank’s access and processing of Participant Data and Transaction Data collected from the Loyalty Programs in connection with the Collinson Services, and acknowledges and agrees that Fanbank, Collinson and its Financial Institutions may use such data for purposes of generating anonymous, aggregated, statistical models and compilations, trend analyses, program performance analyses, benchmarking, the development of case studies and for internal business purposes so long as such data is not publicly attributable to and no reference is made to theMerchant, and that such data may be otherwise used by Financial Institutions with respect to its card holders in accordance with its Payment Card member rules. In addition to the foregoing, Merchant consents to Fanbank receiving access to other Merchant data held by Financial Institutions for Fanbank business purposes including, but not limited to, meeting certain Fanbank obligations to Merchant hereunder.

8. Merchant Data Rights.

If Merchant is provided with any non-aggregated Transaction Data relating to the use of Payment Cards (“Payment Card Data”), Merchant shall use such data solely for purposes of completing or validating Redemption-related transactions or rewards, calculating associated rewards or identifying transaction matches, and not for any marketing, modeling or for any other purposes, and to retain such data only for so long as it has a legitimate business need to retain them for such purposes. Merchant acknowledges and agrees that the Financial Institutions make no representations or warranties as to the accuracy or availability of Payment Card Data, and that the foregoing data rights are subject to change if the corresponding rights derived from the Financial Institutions are hereafter restricted or modified. If for any reason whatsoever Transaction Data from a data provider is no longer available to Fanbank or Collinson for use or sharing as contemplated under this Agreement, Fanbank and Collinson reserves the right to discontinue or limit the support of the Loyalty Program as contemplated hereunder to the extent impacted by the loss of such data.

9. Representations and Warranties.

Each Party hereby represents and warrants that (a) it has the authority to enter into this Agreement and to fully perform its obligations hereunder, (b) this Agreement does not and will not conflict with any of the Party’s other obligations to any third parties, and (c) it complies and will comply with all applicable laws and regulations. Merchant additionally represents and warrants that the Merchant is authorized and has the necessary third party consents to grant the licenses for the Trademarks as contemplated hereby, and the use by Fanbank of Merchant’s Trademarks, does not infringe or misappropriate any third party copyright, trademark, right of publicity, or other proprietary right.

FANBANK AND ITS THIRD PARTY PROVIDERS PROVIDE THEIR RESPECTIVE SERVICES “AS IS.” FANBANK AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AGREEMENT, THE FANSTORE, AND ANY OTHER DATA, INFORMATION, OR OTHER MATERIAL FURNISHED TO MERCHANT HEREUNDER; AND WARRANTIES OF NON INFRINGEMENT, TITLE, MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER FANBANK NOR ANY OF ITS THIRD PARTY PROVIDERS WARRANT THAT ITS PLATFORM OR SITE, ANY INTERNET CONNECTIONS, OR THIRD PARTY CONNECTIVITY, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. FANBANK AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE TRANSMISSION OF INFORMATION OVER THE INTERNET, OR ANY IMPAIRMENT OR DISRUPTION OF THE INTERNET. IF AND TO THE EXTENT THAT THE SERVICES PROVIDED HEREUNDER ARE DELAYED, SUSPENDED OR TERMINATED FOR REASONS BEYOND FANBANK’S OR ITS THIRD PARTY PROVIDER’S REASONABLE CONTROL, INCLUDING THE INABILITY OR UNWILLINGNESS OF THIRD PARTIES TO PROVIDE SUPPORTIVE SERVICES, FANBANK AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL LIABILITIES ASSOCIATED THEREWITH. MERCHANT HEREBY ACKNOWLEDGES THAT THE TRANSACTION DATA SUPPLIED BY COLLINSON AND ITS FINANCIAL INSTITUTIONS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

10. Indemnification.

Fanbank agrees to indemnify and hold harmless Merchant from and against third party claims, damages, losses, costs or expenses, including reasonable attorneys’ fees, to the extent arising out of Fanbank’s violation of any law or Fanbank’s willful misconduct. In no event shall Fanbank or its Third Party Providers be liable to Merchant or to any third party for any loss of profits, business interruption, or loss of business information; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Merchant, even if Fanbank has been advised of the possibility of such damages. Merchant shall defend, indemnify and hold harmless Fanbank and its Third Party Providers, and their respective affiliates, directors, officers, employees, agents, successors, heirs and assigns (collectively, the “Indemnitees”), from and against any and all losses, costs, liabilities, damages, fines, injuries, interest or expenses (including reasonable attorneys’ fees and costs of investigation and defense) suffered or incurred by any Indemnitee (collectively, “Losses”) to the extent such Losses are attributable to any third party claims, actions or proceedings (collectively, “Third Party Claims”) arising from, based upon or related to: (a) a claim that any Merchant Trademark infringes or otherwise violates any third party intellectual property or other proprietary rights or privacy rights or otherwise violates law; or (b) any violation of law or breach of any covenant, representation or warranty hereunder by Merchant (including payment defaults). Merchant shall pay any judgments, settlement amounts, reasonable attorney’s fees and other costs and expenses of litigation incurred by an Indemnitee of such Third Party Claims. The foregoing indemnity obligation shall survive any termination or expiration of this Agreement. Merchant is responsible for all activity and content such as data, graphics, photos and links that are uploaded by Merchant into a FanStore (“Store Content”). Merchant may not use the FanStore for any illegal or unauthorized purpose or violate any laws in its jurisdiction (including but not limited to copyright laws) or of the United States. Fanbank does not pre-screen Store Content and it is in Fanbank’s sole discretion to refuse or remove any Store Content that is available via Merchant’s FanStore. Fanbank’s total liability for any cause of action, claim, damages, fees, costs or expenses, excluding claims under this section (Indemnification), shall be limited to the amount of fees paid by Merchant to Fanbank under this Agreement during the six (6) months immediately preceding the date on which the claim at issue accrued.

11. Release.

Merchant (on its own behalf of that of its respective representatives and affiliates) hereby releases any and all claims that it (or they) may have against Collinson and/or theFinancial Institutions for and in connection with any services provided by such Financial Institutions. Collinson and its Financial Institutions shall be deemed third party beneficiaries of this Agreement.

12. Mandatory Arbitration.

In the event of a dispute arising out of this Agreement, the Parties agree to use good faith efforts to reach a resolution amicably. The Parties will have thirty (30) days from the date the dispute originated to reach a resolution. In the event the good faith efforts are unsuccessful, the Parties agree to mandatory, binding arbitration, following the processes set forth by the American Arbitration Association. The exclusive venue for any such arbitration shall be Los Angeles, California. The cost of the arbitrator’s compensation shall be shared equally by the Parties.

13. Independent Contractors.

The Parties are independent contractors. Nothing in this Agreement shall be construed to create any employment, partnership, or agency relationship between the Parties. Except as otherwise expressly stated herein, neither Party shall make any representations or warranties, or enter into any agreement or assume any obligation on behalf of the other Party.

14. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of theState of California, without giving effect to its conflict of laws provisions or your actual state of residence. Any claims, legal proceeding, or litigation arising in connection with this Agreement will be brought solely in Los Angeles, California, and you consent to the jurisdiction of such courts. Merchant shall commence an action in relation to an alleged breach of this Agreement within one (1) year from the date of breach, without regard to the date the breach was discovered. Any action not brought within that one (1) year time period shall be barred, without regard to any other limitations period set forth by law or statute.

15. Changes to this Agreement.

Fanbank reserves the right to modify, at its sole discretion, this Agreement at any time, so please review frequently. Merchants continued participation in the Fanbank Programs represents Merchant’s acceptance of the modified Agreement. If a material change to this Agreement is necessary, Merchant can terminate this Agreement without penalty by providing notice of termination to Fanbank at 1351 Third Street Promenade, Santa Monica, CA 90401 within thirty (30) days from the date of the change or contacting Fanbank to cancel Merchant’s services.

16. Entire Agreement.

This Agreement including all attachments hereto, constitutes the entire agreement between the parties, and supersedes all prior agreements, whether written or oral, regarding the subject matter of this Agreement.

FANBANK TERMS OF USE

Fanbank Inc., along with its affiliates (collectively, "Fanbank"), provides the information and services on its World Wide Web site(s) (the "Site") to you (the "User") under the following Website Terms of Use (together with our Privacy Policy and Consumer Privacy Notice, Program Terms of Service and Merchant Terms of Service, all which are available on this Site). By accessing and/or using the Site as either a guest or a registered user, you indicate your acceptance of these Terms of Use. Please read our Terms of Use carefully; and if you do not wish to be bound by these Terms of Use do not access or use the Site in any manner. For further information, please review our Privacy Policy and our company Terms of Service documents. We welcome questions at info@Fanbank.com.

SITE MODIFICATION.

We intend to update our site on a regular basis and although we are under no obligation to do so, we shall modify change, add to, terminate, or suspend any part or all of the site at any time when we believe it is necessary and without notice to you.  There may be times when our site is temporarily unavailable during these updates.

SECURITY.

The security of information transmitted through the Internet can never be guaranteed. Fanbank is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect you and your data, Fanbank may suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected.

TRANSMISSION OF PERSONAL DATA.

User acknowledges and agrees that by providing Fanbank with Personal Information (as defined in the Fanbank Privacy Policy) through the Site, User consents to the transmission of such personal User information over international borders as necessary for processing in accordance with Fanbank's standard business practices and the Fanbank Privacy Policy.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized Users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

USE OF INFORMATION.

All information submitted by the User or gathered by Fanbank during the User's involvement in Fanbank programs, including but not limited to logos and results in the programs, can be used and published by Fanbank on its website, promotional materials and articles, and other publications.

COOKIES.

Please be advised that we use cookies on our Site.  Cookies are small data files which our Site may place on your computer or mobile device when you visit us.  Cookies allow us to understand how you use our website and assist us to make our website operate efficiently.  They also provide information to improve your experience when using our Site. Fanbank uses both 1st party and 3rdparty cookies within its Platform.

Our Site requires that you acknowledge use of cookies when accessing our site.  At any time, you may refuse our use of cookies, withdraw a previous approval for the use of cookies, remove any cookies that have already been set, or change your cookie settings in your browser.  Please be advise that access to some portions of our Site may be restricted based on your cookie settings.

Cookies on our Site only apply to our Site and will not transfer to linked sites available on our Site.  For those linked sites, we recommend reviewing their Cookies Policy.  If you have questions about our Cookies Policy, or any other Website Terms of Use, please contact us at contact@fanbank.com.

We may update our Cookie Policy from time to time. When we make changes, we’ll update the Effective Date on our Website Terms of Use and will post it on our Site. We encourage you to check back periodically to review our Terms of Use as well as this Cookie Policy for any changes since your last visit

LAWS AND REGULATIONS.

Access to and use of this Site is subject to all applicable international, federal, state, and local laws and regulations. User agrees not to use the Site in any way which violates such laws or regulations.

COPYRIGHT, SERVICEMARKS AND TRADEMARKS.

The Fanbank logo and the name Fanbank are trademarks and service marks of Fanbank.  Additionally, the information available on or through this Site is the property of Fanbank, Inc., or its licensors, and is protected by copyright, trademarks, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos, and service marks ("Marks") for any purpose including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of Fanbank or such third party that may own the Mark.  

TAMPERING.

User agrees not to modify, move, add to, delete, or otherwise tamper with the information contained in Fanbank's website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

THIRD PARTY INFORMATION.

Although Fanbank monitors the information on the Site, some of the information is supplied by independent third parties. While Fanbank endeavors to ensure the accuracy of all information on the Site, it makes no warranty as to the accuracy of any such information.

LINKS TO THIRD PARTY SITES.

This Site may contain links that will allow access to other websites that are not under the control of Fanbank. The links are provided only as a convenience and Fanbank does not endorse these sites. Fanbank assumes no responsibility or liability for any material that may be obtained on other websites reached through this Site, nor does Fanbank make any representation regarding the quality of any product or service contained at any such site.

COLLINSON CLO.

Collinson CLO, Inc. is a third-party service provider utilized by Fanbank to link available offers to your payment card(s). Collinson CLO, Inc. monitors transactions on your registered payment card(s) to identify qualifying purchases in order to determine whether you have qualified for, or earned, rewards linked to your payment card. For more information on Collinson CLO, Inc., please see Collinson CLO, Incs.' Terms of Service and Collinson CLO, Incs.' Privacy Policy.

TRANSACTION MONITORING.

By registering a payment card (e.g., debit card or credit card) in connection with transaction monitoring, you authorize Fanbank to share your payment card information with the applicable payment network(s) (such as MasterCard, VISA, and American Express) so they know you enrolled, in addition to Collinson CLO, Inc., which acts as our service provider in making available offers linked to your payment card. You authorize the applicable payment network(s) and Collinson CLO, Inc. to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for the payment networks, including MasterCard, VISA and American Express, to share such transaction details with Collinson CLO, Inc. and Fanbank to enable offer(s). Further details are contained in the Program Terms of Service and Privacy Policy.

NO WARRANTIES.

Information and documents provided on this Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Fanbank uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Fanbank periodically adds, changes, improves, or updates the information and documents on this Site without notice. It assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.

LIMITATION OF LIABILITY.

Under no circumstances shall Fanbank be liable for any damages suffered by you, including any incidental, special, or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this site or due to any breach of security associated with the transmission of information through the internet, even if Fanbank was advised of the possibility of such damages.

JURISDICTION/GOVERNING LAW.

These terms and conditions shall be governed and construed in accordance with the laws of the Los Angeles, California, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the State of California or the federal district courts sitting in California, which courts shall have exclusive jurisdiction for such purpose.

FANBANK CONSUMER TERMS AND CONDITIONS

Welcome to FanbankTM, your shop local rewards program!

This Agreement is between you (“you” or “Participant”) and Fanbank, Inc. (“Company,” “we,” “us”) concerning your use of the shop local rewards program and platform known as Fanbank (the “Program” or “Service”).

Fanbank Inc., a Delaware corporation (“Fanbank”), owns the Fanbank trademark, operates the Fanbank shop local rewards programs, and owns and operates the www.fanbank.com website. We invite consumers to visit our site and register for a Fanbank shop local rewards program to receive various incentives and rewards including Fancoins® (“Rewards”). We value our relationship with you, our Participants – the Fanbank platform allows locally-owned and operated businesses to offer you Rewards in exchange for your patronage.

To maintain these mutual benefits, we have established these Program Terms of Service. The associated Privacy Policy and Web Site Terms of Use, available on the www.fanbank.com web site, and any other terms or conditions associated with any particular webpage on our site, or associated with an affiliated offer or program, are all part of these Terms of Service, and all apply to your participation in the Program. Carefully read this document before you enroll, and periodically while you are a participant. We may change these Terms of Service from time to time by posting new versions, and your continued use of the program will be your agreement that any such changes apply to your continued participation. If you have any questions about these Terms of Service, email us at info@fanbank.com. If you do not agree to these Terms of Service, terminate your enrollment immediately, and stop accessing the www.fanbank.com website.

When using the Program, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such use of the Program, which are hereby incorporated by reference into this Agreement.

How it Works.

Fanbank enters into agreements with locally owned, independent businesses (“Merchants”). These Merchants agree to offer a variety of incentives and rewards (“Rewards”) through the Fanbank platform, to customers as an incentive to make purchases (“Program”). Customers may participate in the Program by enroling through the Fanbank website. Participants may enroll credit and debit cards with the payment card networks through the Fanbank platform and then use these enrolled cards to make purchases from the participating Merchants to earn Rewards (subject to restrictions, “Qualified Transactions”).

The same Merchants, along with other partners, (collectively, “Incentive Providers”) provide Rewards. Fanbank arranges for Participants to receive Rewards from Qualified Transactions through a variety of methods which may include rebates, discounts, statement credits, prepaid cards, or Fancoins. Fanbank enables Merchants to determine the quantity of Rewards they want to offer Participants for Qualified Transactions with that Merchant. Fanbank identifies the Qualified Transactions by arranging for enrolled debit and credit card transaction data from the Merchant to be processed by a data processor who has security qualifications meeting exacting standards of the Payment Card Industry (“PCI Compliant”).

How to Participate.

To receive Rewards from the Program, you need to enroll at www.fanbank.com. You will need to provide an email address and password, agree to these Terms and Service, enroll one or more credit and debit cards on the Fanbank web site, agree to the Card Linking Terms of Fanbank’s third-party data processor(s), and then use such enrolled credit and debit card at a participating Merchant. You may register up to ten (10) credit and/or debit cards that have been issued to you. Generally, most credit and debit cards with a logo from MasterCard®, Visa® or American Express® (collectively, “Third Party Service Providers”) are eligible for participation. However, some credit and/or debit cards issued on behalf of corporations for their employees may not be eligible for participation, see further details below. Also, some categories of credit and/or debit cards, including certain affinity cards, gift cards, stored value cards, and pre-paid cards may not be eligible for participation in the Program as detailed below.

Once you have registered, you can find Merchants on the www.fanbank.com web site. Registered eligible cards must be used at Merchants or on the Fanbank platform as credit transactions, not PIN or ATM based transactions, to qualify for Rewards. Fanbank encourages you to actively manage and keep current your credit and debit cards enrolled with Fanbank. Though Fanbank takes commercially reasonable precautions to protect any personal information you provide, Fanbank relies upon you to ensure your registration information is up to date, so we can contact you in case of a breach. It is your responsibility to create a unique password in accord with current standards.

Not all MasterCard, Visa or American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.

Not all transactions with your enrolled Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express.

You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source, but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.

Notwithstanding anything to the contrary in these Terms of Service or the Fanbank Privacy Policy, Fanbank and its Third Party Service Providers (including Collinson CLO) will use transaction information solely as follows:

  • Use transaction data to confirm a Qualified Transaction or return to match transactions to confirm whether you qualify for a statement credit, offer or Reward;
  • Share transaction data with the participating Merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or Rewards should be awarded; for example, the date and amount of your purchase and the last 4 digits of your card number so the Merchant can verify your purchase with its records if there is a missing or disputed transaction;
  • Provide Merchants or Third Party Service Providers aggregated and anonymized information relating specifically to eligible card activity solely to allow participating Merchants and Third Party Service Providers to assess the results of their campaign;
  • Create a record of the transaction data and thereafter maintain and use data in connection with operating the Program;
  • Conduct analysis for the improvement and optimization of the Program; and
  • Provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant.
  • You authorize the sharing, exchange and use of transaction data described above and herein by and among Fanbank and Fanbank’s Third Party Service Providers, applicable Payment Card Networks and applicable Merchants.

If you enroll a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your eligible card if you want the transaction to be eligible for Rewards or offer completion.

The Fanbank Program includes Merchants from more than one industry and Fanbank may add or remove industry categories and/or individual Merchants at any time. With certain Merchants, Rewards will be provided only up to a specified per transaction limit, even if the transaction amount is greater than the specified limit. You are prohibited from splitting transactions into multiple transactions for the purpose of circumventing this limitation. Per transaction limits and other merchant-specific restrictions, if any, will be specified in the offer you may receive from time to time or at www.fanbank.com.

If your Reward results in a statement credit, statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected on your periodic card statement. Subject to eligibility verification and settlement of the Qualified Transaction, statement credits will typically appear on your card statement approximately 10 days after the Qualified Transaction, but may be subject to delays.

Please allow up to 10 business days for your Rewards to be posted in your account. In the event that Rewards do not appear on your account, contact Fanbank at info@fanbank.com. Ensure that you retain your original receipts or debit and credit card statements so that Fanbank can verify that your use of a card was a Qualified Transaction. Correspondence to Fanbank should include your name and member number and be sent to the above email address or sent via U.S. Mail to the Fanbank address below within 90 days of the original transaction. Please do not include full credit or debit card numbers (include the last 4 digits only) in communications with Fanbank. Requests sent in after the 90-day period or which otherwise do not comply with the foregoing requirements will not be considered. No adjustments will be made on previous purchases.

Offers and Rewards cannot be combined with employee discounts, or other offers and discounts. Rewards and offers are not transferable. To remove enrolled debit or credit cards, login at www.fanbank.com and go to the Manage Cards area of your Profile and remove your enrolled card.

Your Identity.

In registering, you are affirming that you are an individual person (not acting as another legal entity), are at least 18 years old, and have authority to enter into legally binding obligations. The information you provide in enrolling credit and debit cards and otherwise participating in the Program must be accurate. If it is not, Fanbank reserves the right to cancel your participation. Similarly, if you take any action intended to cause you to be provided with more Rewards than you are entitled to under the normal operation, or the letter and spirit of a Fanbank Program, we may rescind the awards, or seek monetary and other legal remedies against you.

Your Obligations.

As a condition of your participation in the Program, you agree that you meet the criteria set forth above, and that:

  • you will create only one account, and will only use it for yourself personally (not for any business);
  • you will not engage in any transactions intended to be Qualified Transactions with the intention of returning the goods, rescinding the sale or otherwise failing to pay the full original transaction price to the Merchant, directly or indirectly (Fanbank may rescind any Rewards granted pursuant to a Qualified Transaction if the goods are later returned, or the transaction is otherwise rescinded or reduced); and
  • you will safeguard your password and supervise the use of your account and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

You will not do any of the following:

  • submit any purposely inaccurate information, commit fraud or falsify information;
  • attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • attempt to scan, or test the security or configuration of the site or to breach security or authentication measures;
  • tamper or interfere with the proper functioning of any part, page, link, area or function of the site or associated functions;
  • attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the site, or attempting to overload, “flood”, “spam”, “mail bomb” or “crash” the site;
  • use the web site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Fanbank, any Merchant, or any Incentive Provider;
  • resell or repurpose your access to the site or any Rewards from the Fanbank vault;
  • use the site or any of its resources to solicit Participants, Merchants, Incentive Providers or other business partners of Fanbank to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fanbank, including without limitation, aggregating current or previously offered deals;
  • access, monitor or copy any content or information from the site using any robot, spider, scraper or other automated means or any manual process for any purpose;
  • violate the restrictions in any robot exclusion headers on this site or bypass or circumvent other measures employed to prevent or limit access to the site;
  • take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • deep-link to any portion of the site, or hyperlink to the site without our initial and on-going consent in writing;
  • act illegally or maliciously against the business interests or reputation of Fanbank, our Merchants or our Incentive Providers; or
  • whether or not in violation of any of the above specific prohibitions, to the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other Participant from using or enjoying any part of the site, we may limit your privileges on the Site and seek other remedies, including monetary damages and injunctions.

Distinctions between Merchants, Fanbank and the Incentive Providers:

  • The Merchants are not necessarily affiliated with Incentive Providers, and neither is endorsing the other by participating in the Program.
  • Fanbank selects Merchants based in part upon Fanbank’s belief that the Merchants consistently provide first class products and service. However, Fanbank does not guarantee their performance or the goods or services you purchase in Qualified Transactions.
  • Merchants, not Fanbank, are responsible for Merchant products or services. Descriptions and images or references to products or services offered by Merchants do not imply Fanbank’s endorsement of such Merchant products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted are subject to change at any time without notice.
  • If you have a problem with one or more products or services provided by a Merchant, please contact the proprietor of that Merchant. Please direct any questions about an Incentive Provider’s program to that Incentive Provider. If you believe that a Merchant or Incentive Provider does not provide first class products or services, please contact Fanbank so that we may re-evaluate their participation in the Fanbank program.

Data Receipt Requirements.

Fanbank relies upon data feeds from certain credit and debit card transaction processing companies to retrieve data to identify Qualified Transactions. Fanbank will take commercially reasonable steps to ensure that data feeds and payment with regard to Qualified Transactions are obtained. However, Fanbank will not be obligated to provide Rewards with regard to any Qualified Transactions for which Fanbank does not receive complete and accurate data and compensation from the Merchants, regardless of the reason.

Certain data feeds are processed through Collinson CLO, Inc. Collinson CLO, Inc. is a third-party service provider utilized by Fanbank to link available offers to your eligible payment card(s). Collinson CLO, Inc. monitors transactions on your registered payment card(s) to identify qualifying purchases in order to determine whether you have qualified for, or earned, rewards linked to your eligible payment card. For more information on Collinson CLO, Inc., please see Collinson CLO, Inc.'s Terms of Service and Collinson CLO, Inc.'s Privacy Policy.

Your payment card may only be enrolled in one program operated by Collinson Group at a time. If you have already enrolled a payment card with a separate program operated by Collinson Group, you will be unable to register that card in both Fanbank and the other Collinson Group-operated program. You may enroll another payment card in Fanbank or deactivate your card in the other Collinson Group-operated programs.

Data Processing Errors.

Fanbank uses the services of one or more data processing companies to compute the Rewards for each Qualified Transaction. Fanbank will use commercially reasonable efforts to ensure that the data processing companies provide complete and accurate computations. However, in the event of errors or omissions, either in the processing or the transmission of the data, if correction of the error involves extraordinary amounts of either payments, expenses or effort, Fanbank reserves the right to correct the problem without sorting out historical inaccuracies. However, in the event that such errors caused undue amounts of Rewards to be awarded, Fanbank may adjust the transaction or deduct the amount of the error from future Reward computations.

Merchant Compliance.

The agreements that Fanbank enters into with Merchants require the Merchants to notify Fanbank in advance of the Merchant ending its participation in the Program. Fanbank will remove any such Merchant from the listing of Merchants on the Fanbank Merchant locator. The agreements between Fanbank and the Merchants also prohibits the Merchants from using Fanbank’s marks and logos or to otherwise indicate that they are part of the Fanbank Program if they are not participating in the program. Fanbank takes commercially reasonable steps to ensure that no third-parties are displaying our logos or indicating that they are participants in the Fanbank program if they are not. However, Fanbank does not guarantee that every Merchant displaying our logos or listed as a Merchant is then currently an active participant in the Program, or that they will compensate Fanbank for Qualified Transactions, and Fanbank will not pay for Rewards unless data and compensation are actually received from a Merchant associated with the Qualified Transaction. Please email or write us if you believe there were Qualified Transactions for which you did not receive credit so that we may address the issue and prevent unauthorized use of the Fanbank Program. Additionally, Fanbank does not guarantee that any Merchant will accept any particular registered card.

Use of Your Information.

The Fanbank Privacy Policy is found at www.fanbank.com, which describes what we collect and how we use the information you provide when you register and use the Program.

Fanbank will use the information you provide upon registration or otherwise, including your name, address, e-mail address, and any other contact information (collectively, your “Personal Information”) to administer the Program, including, without limitation, sending you emails regarding your account. Fanbank will not sell or otherwise deliberately provide your Personal Information to anyone unrelated to Fanbank for the purpose of soliciting you for products or services unrelated to the Program, except as allowed by you pursuant to your agreement to “opt-in” options on the Fanbank web site or otherwise. For the purposes of administering the Program, Fanbank reserves the right to share your Personal Information with Merchants, Incentive Providers and one or more data processing companies. Each of these entities has a privacy policy which is located on that entity’s respective website. If you would like to review the privacy policies of the data processing companies that Fanbank does or may work with, please contact Fanbank.

Ownership of Intellectual Property.

Unless otherwise expressly noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Program (including, without limitation, the Web Pages) are protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to Fanbank.

The Incentive Providers’ logos and marks are registered trademarks of the respective Incentive Providers, used by Fanbank with permission, and Fanbank cannot and does not grant any right for participants or Web Page visitors to use these marks.

“Fanbank” and “Fancoin(s)” are service marks owned by Fanbank and Fanbank does not grant any right for participants or Web Page visitors to use these marks. All rights in the intellectual property that is part of or contained in the Fanbank program including copyright, trademarks, trade secret and patent rights are reserved. You covenant that you will take no action to register or otherwise interfere with or challenge such intellectual property rights. Fanbank hereby authorizes you to make a single printed copy of the Web Pages for your use in learning about, evaluating, or participating in the Program. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the information. You may not use any robot, spider or other automatic device, nor may you use any manual process, to monitor materials available through the Web Pages.

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.

Fanbank reserves the right to terminate its agreement if you infringe any third-party copyrights. If you believe that any material has been posted via the Web Pages by us or any user constitutes copyright infringement, you shall provide Fanbank with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Web Pages of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Fanbank’s DMCA Agent for notice of claims of copyright infringement is: Fanbank, Inc. 1351 3rd Street Promenade, Suite 301, Santa Monica, CA 90401

Disclaimer of Warranty.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANBANK AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS, EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FANBANK AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS, DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM AND THE FANBANK WEB SITES IS AT YOUR SOLE RISK. NEITHER FANBANK, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE OR THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO: THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PROGRAM OR THE WEB SITES, OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SERVICE AND THE WEB SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

While we try to maintain the integrity and security of the Program and the servers from which the Program is operated, we do not guarantee that the Program will be or remain secure, complete or correct, or that access to the Program will be uninterrupted. The Program may include inaccuracies, errors and materials that violate or conflict with these Terms of Service. Additionally, third parties may make unauthorized alterations to the Program. If you become aware of any unauthorized third-party alteration to the Program, contact us at www.fanbank.com with a description of the material(s) at issue and the URL or location on the Program where such material(s) appear.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL FANBANK, ITS SUBSIDIARIES, OR AFFILIATES, OR COLLINSON CLO OR ITS AFFILIATES, OR PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS, OR ANY CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL FANBANK OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD PARTY PARTNERS' OR SUPPLIERS', INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT RECEIVED FROM MERCHANTS WITH REGARD TO THE RELEVANT QUALIFIED TRANSACTIONS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE AMOUNTS PAID BY MERCHANTS WITH REGARD TO QUALIFIED TRANSACTIONS ASSOCIATED WITH YOUR PROPERLY REGISTERED CARDS DURING THE THREE MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS.

Indemnity.

You agree to defend, indemnify and hold harmless Fanbank, its affiliated entities including Third Party Service Providers (“Affiliated Entities”) and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Program (including all Rewards); or (b) any violation of these Terms of Service by you.

Taxes.

You are responsible for any tax consequences resulting from your receipt of any Rewards including Fancoins. Fanbank may report such Fancoins and Rewards to the relevant tax authorities.

Publicity.

Except where prohibited, agreement to these Terms of Service and use of the Program constitutes your consent to Fanbank’s use of your name, likeness, photographs, testimonial, and voice opinions for promotional purposes in any media without further payment or additional consideration.

Consent to Electronic Notice.

You consent to receive notices and communications via posting to the Program, by e-mail, or by regular mail, in Fanbank's discretion. The Program may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices. You agree that all terms of service, agreements, notices, disclosures and other communications that Fanbank provides or makes available to you in electronic form will satisfy any legal requirement that such communications must be in writing. The foregoing sentence does not affect your non-waivable rights.

Promotions.

In addition to these Terms of Service, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Program may be governed by specific rules that are separate from these Terms of Service. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Fanbank urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Service, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Service, the terms and conditions of such rules shall control.

Termination.

These Terms of Service are effective until terminated. Fanbank, in its sole discretion, may terminate your access to or use of the Program, at any time and for any reason, including if Fanbank believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use the Program will immediately cease. Further, you will forfeit any and all accrued Rewards that you have earned through Qualified Transactions. You agree that any termination of your access to or use of the Program may be affected without prior notice, and that Fanbank may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Fanbank and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Program or to any such information or files and shall not be required to make such information or files available to you after any such termination.

Voluntary Waiver of Right to Jury Trial and Class Actions.

You and we agree that neither you nor we have the right to litigate any claim, dispute or controversy by either you or us, arising out of or relating in any way to these Terms of Service, including claims regarding the applicability, enforceability or validity of any provisions of this Agreement (each a “Claim”) in court, nor do either of us have the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH ANY CLAIM. SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.

a.     Arbitration.

Any Claim, dispute or controversy arising out of or relating to the Program, will be referred to and determined by binding arbitration (to the exclusion of the courts). You agree to waive any rights you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceeding against us. If you have a Claim, you must give written notice to Fanbank of your intention to arbitrate. If Fanbank has a Claim, Fanbank will give you notice to arbitrate at your address. Arbitration of claims will be conducted in Los Angeles, California in such forum and pursuant to such rules as Fanbank and you agree upon, and, failing agreement, will be conducted by one arbitrator pursuant to the laws and/or rules relating to commercial arbitration in the State of California that are in effect on the date of the notice to arbitrate.

b.     Governing Law.

c.     This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws, provisions or your actual state of residence. Any claims, legal proceeding, or litigation arising in connection with the participation in the Challenge will be brought solely in the City of Los Angeles and you consent to the jurisdiction of such courts.

Time Limitation.

You and we agree that any cause of action arising out of or related to the Program or these Terms of Service must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred to the extent permitted by applicable law.

Contact Us.

If you have any questions regarding the meaning or application of these Terms of Service, please direct such questions to:

Fanbank, Inc.
1351 3rd Street Promenade, Suite 301
Santa Monica, CA 90401

Please note that email communications will not necessarily be secure; accordingly, you should not include credit and debit card information or other sensitive information in your e-mail correspondence with us.

Miscellaneous.

These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Fanbank. If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable under any law or statute consistent with the Federal Arbitration Act, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision; however, the prohibition on class arbitration is not severable from the remainder of this Agreement, and in the event that a court deems such prohibition on class arbitration invalid or unenforceable, any subsequent class action or representative proceeding shall be in a court of law, and will not be subject to binding arbitration. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Fanbank relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Fanbank relating to such subject matter. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial, administrative or arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

# # #