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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.

 

 

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