Welcome to FanBankTM, your shop local rewards program!
This Agreement is between you (“you”) and FanBank, Inc. (“Company,” “we,” “us”) concerning your use of the shop local rewards program and platform known as FanBank (the “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 begin earning FanCoins toward valuable rewards, all found in your community and in the FanBank network (“Rewards”). We value our relationship with you, our members – the FanBank platform allows locally-owned and operated businesses to offer you FanCoins™ in exchange for your patronage. The greater the number of businesses and members in a given community, the more FanCoins are generated for “best in town” rewards.
When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such use of the Service, which are hereby incorporated by reference into this Agreement.
How it Works. FanBank enters into agreements with various businesses (“Merchants”). These Merchants agree to offer a common reward currency, called FanCoins, to their customers as an incentive to make purchases at their location and other locally owned and operated businesses (“FanCoins”). These customers register credit and debit cards with the payment card networks through the FanBank platform (“Members”) and then use these cards to buy goods or services from the participating Merchants (subject to restrictions, “Qualified Transactions”). FanCoins accumulate as a common reward currency in the Member’s FanBank account.
The same Merchants, along with other local sponsors, (collectively, “Incentive Providers”) provide Rewards. FanBank arranges for the Members to receive Rewards using the FanCoins received from making Qualified Transactions. FanBank enables Merchants to determine the quantity of FanCoins they want to offer Members for Qualified Transactions with that Merchant. Generally, the FanCoins earned from a Qualified Transaction are added with the FanCoins earned from other Qualified Transactions to accumulate enough FanCoins for a Reward. FanBank identifies the Qualified Transactions by arranging for 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 FanCoins, you need to enroll at www.fanbank.com. You will need to provide an email address and password, agree to these Terms and Conditions, register one or more credit and debit cards on the FanBank web site, agree to the terms and conditions of FanBank’s third party data processor(s), and then use such 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 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 or earning FanCoins. 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 or earning FanCoins.
Once you have registered, you can find Merchants on the www.fanbank.com web site. Registered cards must be used at Merchants as credit card transactions, not PIN or ATM based transactions, to qualify for FanCoins. 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. Additionally, FanBank encourages you to actively manage and keep current your credit and debit cards enrolled with FanBank.
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, FanCoins 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 FanCoins offer detailed at www.fanbank.com.
Please allow up to 2 weeks for your FanCoins to be posted in your account. In the event that FanCoins do not appear on your account, contact FanBank at firstname.lastname@example.org. 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 cannot be combined with employee discounts, or other offers and discounts. Offers are not transferable. To remove debit or credit cards, login at www.fanbank.com and go to the Manage Cards area of your Profile.
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 registering credit and debit cards and otherwise participating in the Service must be accurate. If it is not, FanBank reserves the right to cancel your Membership. Similarly, if you take any action intended to cause you to be provided with more FanCoins 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.
As a condition of your participation in the Service, you agree that you meet the criteria set forth above, and that:
You will not do any of the following:
Distinctions between Merchants, FanBank and the Incentive Providers:
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 the Merchants and certain credit and debit card transaction processing companies for data on Qualified Transactions and payment from the Merchants. FanBank may also rely upon credit and debit card transaction processing companies for data obtained directly from the bank associations (e.g., Visa or MasterCard) with regard to 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 FanCoins 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.
Data Processing Errors. FanBank uses the services of one or more data processing companies to compute the FanCoins 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 FanCoins to be awarded, FanBank may adjust the transaction or deduct the amount of the error from future Point 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 Service. FanBank will remove any such Merchant from the listing of Merchants on the FanBank Merchant locator. The agreements between FanBank and the Merchants also prohibit the Merchants from using FanBank’s marks and logos or to otherwise indicate that they are Merchants if they are not participating in the program. We also take commercially reasonable steps to ensure that no others 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 a member of the Service, or that they will compensate FanBank for Qualified Transactions, and FanBank will not pay for Rewards unless data and compensation are actually received from the Merchants. Please email or write us if you believe there were Qualified Transactions for which you did not receive credit so that we may keep our listings up to date and prevent unauthorized use of FanBank logos. Additionally, FanBank does not guarantee that any Merchant will accept any particular registered card.
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 Service (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 Service. 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. 1202 Lexington Avenue Suite 200 New York, NY 10028
Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE 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 SERVICE 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. FANBANK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
While we try to maintain the integrity and security of the Service and the servers from which the Service is operated, we do not guarantee that the Service will be or remain secure, complete or correct, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any unauthorized third-party alteration to the Service, contact us at www.fanbank.com with a description of the material(s) at issue and the URL or location on the Service where such material(s) appear.
Indemnity. You agree to defend, indemnify and hold harmless FanBank, its affiliated entities (“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 Service (including all Rewards); or (b) any violation of these Terms and Conditions by you.
Taxes. You are responsible for any tax consequences resulting from your receipt of FanCoins and any Rewards purchased with those FanCoins. FanBank may report such FanCoins and Rewards to the relevant tax authorities.
Publicity. Except where prohibited, agreement to these Terms and Conditions and use of the Service 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 Service, by e-mail, or by regular mail, in FanBank's discretion. The Service may also provide notices of changes to these Terms and Conditions or other matters by displaying such notices or by providing links to such notices. You agree that all terms and conditions, 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.
Termination. These Terms and Conditions are effective until terminated. FanBank, in its sole discretion, may terminate your access to or use of the Service, 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 and Conditions. Upon any such termination, your right to use the Service 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 Service may be effected 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 Service 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 and Conditions, 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 Service, 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 New York, New York 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 New York that are in effect on the date of the notice to arbitrate.
b. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, 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 New York 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 Service or these Terms and Conditions 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 this Agreement, please direct such questions to: FanBank, Inc.1202 Lexington Avenue, Suite 200New York, NY 10028.
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 and Conditions 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 and Conditions 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 and Conditions 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.