LEMONEY WEBSITE TERMS OF USE

IMPORTANT NOTICE. PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR SUBMITTING ANY PERSONAL INFORMATION OR OTHER INFORMATION VIA THIS WEBSITE

The website available at www.lemoney.com, or any client, app, software, or content in any way associated with the website available at that URL (jointly the “Website”) may contain information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. However, the Website and its contents are designed to comply with U.S. laws and regulations. Although accessible by others, it and its content are intended for access and use by U.S. residents only.

By using the Website you are agreeing to be bound by the Terms of use below (the “Terms of Use”) and the Terms of use set forth in our privacy policy available at http://www.lemoney.com/privacy-policy (the “Privacy Policy”). By accepting these Terms of Use and the Privacy Policy, you are entering into a binding legal agreement with Lemoney LLC, a Florida limited liability company with offices in Miami Beach, Florida. Any use of the Website (including, but not limited to, (i) accessing content on the Website other than the home page, (ii) creating an account on the Website, (iii) downloading documents from the Website, (iv) uploading documents to the Website, (v) taking advantage of the content of the Website either through a web browser or other software, or (vi) clicking an “I Agree” button or checking a Terms of use checkbox) will constitute acceptance of these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you may not use the Website or access any content on the Website other than the home page, and must leave the Website immediately.

  1. Scope. Lemoney and its affiliates (“Lemoney”) provide this Website to allow members to participate in the Lemoney Program, as more specifically described in the “Program Terms of use” available at http://www.lemoney.com/terms-of-use, by registering and creating social networks in order to earn cash-back from rebates for purchases made through affiliated vendors. These Terms of Use and the Privacy Policy, as they may be amended from time to time, are collectively known as the “Agreement.” The Agreement applies to all uses of the Website and all user accounts described in the account information provided to, or received from, the Website and/or through any client or mobile application provided by us (the “Account Information”). You understand and agree that this Agreement is enforceable against you and any entity with which you are employed or affiliated and on whose behalf the Website or such client or mobile application is used. You hereby represent and warrant that you have carefully read and understood this Agreement, that you are of legal age under the laws of the United States, and thatyou accept this Agreement freely, voluntarily, and with full knowledge and understanding of its Terms of use. This Website is intended for use only by persons over the age of 18, and only in the United States of America. If you are not over the age of 18 or are located outside the United States of America, you may not use this Website. You warrant and represent that you are legally permitted to use this Website and that you have not previously been found guilty of (or liable for) fraud or dishonesty in connection with any business transaction. There is no charge for using the Website and we reserve the right to terminate your account or otherwise deny you the ability or right to use the Website at any time for any reason or no reason, and our reasons include, without limitation, in the event that we determine, in our sole discretion, that you are (i) in violation of these Terms of Use, (ii) are outside the United States of America, (iii) 17 years old or younger, or that your use of the Website is not consistent with these Terms of Use or any usage guidelines or policies available on the Website, as such may be amended from time to time.

  2. Account Information. You warrant and represent that all information provided to the Website will be truthful, accurate, and complete, and will be submitted only for lawful purposes. If you provide any information that is untrue, inaccurate, or incomplete, or if we have any reason to believe that the information you provided is untrue, inaccurate, or incomplete, or was submitted in connection with any unlawful purpose, we may, without any liability to you: (i) suspend or terminate your account; (ii) if permitted by applicable law, use electronic self-help means to terminate your ability to access the Website or other software or services provided by Us; (iii) terminate this Agreement; (iv) remove, delete or otherwise dispose of your Account Information; (v) report your activities to law enforcement agencies; (vi) notify others, including any other users of the Website or others in your Lemoney social network, of our suspicions regarding your information; and/or (vii) pursue any other legal or equitable remedies that may be available. You will grant, and hereby do grant, to Us, a nonexclusive, royalty-free, worldwide, unlimited, perpetual, irrevocable, transferable and fully sub-licensable right and license to copy, distribute, publish, perform, create derivatives from, and otherwise use any and all Account Information, with the exception of certain “Personal Information” as defined in the Privacy Policy. You warrant and represent that you are the exclusive owner of all Account Information you provide to the Website, or that you have, through valid written agreement, the right to provide the Account Information to the Website and to grant the foregoing license. You will maintain the confidentiality of any password, user ID, and other account credentials provided to you, or obtained by you, in connection with the Website, and will not share such information with any third party, or use such information for any purpose not expressly authorized under this Agreement, without our prior written consent. You agree to notify us in writing immediately of any actual or suspected unauthorized use of your account credentials, or any other breach of the Website’s security that is known or suspected by you. Notice may be provided by email to support@lemoney.com or overnight delivery mail to the address identified in the “Contact Us” section of the Website. You consent to the use of electronic communications in transacting business with Us, including, without limitation, the electronic delivery of notices and other documents to you. If at any time you would like to cease doing business electronically with us, you will need to provide us with written notice of withdrawal of your consent to do business electronically, which will then terminate this consent. Thereafter, you will not use this Website in any capacity.

  3. Renewal and Termination. To the extent you create an account at, or otherwise register to use, the Website, such account will be active for one month, after which it will automatically renew for successive months unless cancelled by you or by us in our sole discretion for any reason or no reasons. Termination of an account does not terminate this Agreement, which may only be terminated by our written notice to you, or by your written notice to us. In the event this Agreement terminates, (i) your authorization to use the Website will terminate and you will immediately cease all use of the Website (either through a web browser or other software, and either directly or indirectly), (ii) we may, in our sole discretion, terminate any account and delete or otherwise dispose of any Account Information provided by you, and (iii) where permitted by law, we may use self-help or other means to prevent further use of the Website by you or others working on your behalf. It is understood and agreed, however, that the foregoing will not constitute our or any other party’s obligation to delete or cease use of any Account Information

  4. Feedback. From time to time, we or a third party engaged by us, may request feedback and other information from you about the Website or your experiences with the Website (the “Feedback”). Providing Feedback is optional. By providing Feedback, however, you will grant, and hereby do grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub licensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with your (or your employer’s) name, in our sole discretion. We may also use the Feedback in anonymous and aggregate reviews.

  5. Reverse Engineering and Non-interference. In addition to any information or documents containing information that constitute our “trade secret”, as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of Lemoney and you will treat the following as our trade secrets to the extent the following have not been made public by us: (i) all source code, data and configuration files within or comprising the Website or used to generate the Website, and all documentation relating thereto, (ii) all financial information relating to Lemoney or its affiliates, (iii) all product or service development plans of Lemoney or its affiliates, and (iv) all security vulnerabilities and information relating to actual or alleged security vulnerabilities or breaches of the Website. By agreeing to these Terms of Use, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that we take reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to (i) discover or use any trade secrets of Lemoney without our prior written consent, (ii) reverse engineer or otherwise discover any source code utilized by the Website or any client or other software provided by Us, (iii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or the Website to protect the Website or any data, hardware, software or server used in connection with Website, (iv) use the Website to provide unsolicited electronic communications (a.k.a. spam), (v) use the Website or any client or software provided by us for any illegal, immoral, or improper purpose, (vi) prevent access to (or use of) the Website by any person, or (vii) publish, reproduce, or use for any purpose other than as expressly contemplated under this Agreement, any content on or available through the Website. You further warrant and represent that you will not use the Website or any client or software provided by us to implement, develop, refine, enhance, use, or promote any website, software or service that competes with the Website.

  6. Linking, Crawling and Framing. Unless specifically authorized in the “Program Terms of use” available at http://www.lemoney.com/terms-of-use, you may link only to the home page of the Website, and not to any other page. You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Website through any method (including without limitation, through copying, caching or framing).

  7. Intellectual Property Claims. We do not control the content of information posted on the Website by third parties. If you are a copyright owner or agent thereof and believe that content posted on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location on the Website containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For such submissions, we can be reached via email to support@lemoney.com or mail to the address identified in the “Contact Us” section of the Website. Please use the same contact information to report to us any other complaint you may have regarding content posted on the Website, including without limitation, any complaint that such content infringes a trademark right or other intellectual property right, or defames any person or is otherwise illegal or improper, by providing (i) a signed certification that the complaint is being made in good faith by one authorized to do so, (ii) an email address or physical address where you may be contacted, (iii) the URL of the location where the objectionable content can be found, and (iv) a reasonable description of the rights you believe are violated by the objectionable content. Warranty Disclaimer. As between you and Us, the Website, and all information we or third parties provide on the Website, and all clients, mobile applications or other software or content provided by Us, is provided to you “as is” and you use all of the foregoing entirely at your own risk. The Website is provided on an “as available” basis. We make no representations, warranties or guarantees of any kind whatsoever regarding its availability or the correctness of any content thereon, or that it will provide any feature or capability, or be suitable for any particular purpose. To the maximum extent permitted by law, we hereby disclaim, and you hereby waive, all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty that may arise by usage of trade, course of dealing or course of performance of this agreement. Without limiting the foregoing, you acknowledge and agree that no software or website can be entirely secure or free of risk of security breaches or attacks by third parties, and that we make no warranty or representation that the Website will be secure or free from such breaches or attacks.

  8. Limitation of Liability; Indemnification; Release. In no event shall we be liable for any special, punitive, exemplary, direct, indirect, incidental, or consequential damages (including, without limitation, damages for loss of business, loss of revenue or profits, business interruption, or loss of data) arising out of or in connection with this Agreement or the subject matter hereof even if we have been previously advised of the possibility of such damages. In any event, if Lemoney or any affiliate should be held liable for any damages notwithstanding the Terms of use set forth in this Agreement, the entire liability of Lemoney (including its affiliates) with respect to its obligations under this Agreement or otherwise, for any reason and upon any cause of action, regardless of the number of actions (and whether based in contract, strict liability, negligence or otherwise) shall not exceed, in the aggregate, One Hundred Dollars ($100.00). No cause of action which accrued more than one year prior to the filing of a suit alleging such cause of action may be asserted against Lemoney or its affiliates. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so certain of the above limitations or exclusions may not apply to you. No other limitation contained in this Agreement shall limit our liability to you, to the extent such limitation is prohibited by applicable law. The limitations of liability in this Agreement shall survive even if any exclusive or limited remedies provided in this Agreement should fail of their essential purpose. You shall indemnify, defend and hold harmless Lemoney and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, out of: (i) any breach or threatened breach of this Agreement by you or any person under your control, or by any person who received or used your password or other access credentials; (ii) your use of the Website; or (iii) your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent. To the maximum extent permitted by law, you hereby release each Indemnified Party from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in connection with disputes between you and third parties concerning the Website or this Agreement. In connection with the foregoing release, you hereby waive California Civil Code 1542 (and any other applicable law or statute) which substantially states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

  9. Survival. All Terms of use that, by their nature, should survive termination of this Agreement (regardless of the reason for termination) will survive including, without limitation, all licenses granted by you, all warranties and representations by you, all limitations of liability and disclaimers, and all terms relating to notice, choice of law, choice of venue or dispute resolution. Our remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.

  10. Notices. Any notice to us that is required or permitted by this Agreement shall be in writing, addressed by email to info@lemoney.com, and shall be deemed given upon our receipt of the email. Any notice to you that is required by this Agreement shall be in writing and shall be deemed given: (i) if sent by email to the email address that we have in our records for you, upon the earlier of your receipt of the email or two business days after we sent the email (provided that we did not receive a message indicating that the delivery of the email was unsuccessful); (ii) if sent by mail to the mailing address that we have in our records for you, five business days after deposit in the mail, postage prepaid; (iii) if sent by fax to the fax number we have in our records for you, upon our receipt of electronic confirmation thereof; or (iv) if sent by next day delivery service to the address we have in our records for you, upon such delivery.

  11. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Florida, without giving effect to any conflict of law provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded. Subject to Section 13 below, the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate court sitting in Dade County Florida, or the United States District Court for the Southern District of Florida and you hereby consent to the exclusive jurisdiction of such courts in any and all matters that may arise in connection with this Agreement, the Website, and/or any Account Information; and you expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court. Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction. You agree and acknowledge that any breach or threatened breach by you of this Agreement may cause us irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, we shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.

  12. Disputes. With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows: (i) Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents, and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto; and (ii) All disputes that have not been resolved by the designated representatives within 30 days after said initial written request by one of the parties to appoint a designated representative shall be resolved by the courts specified in Section 12 above, upon the filing of an action by either party with said courts.

  13. Fees and Expenses. Notwithstanding any Terms of use of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement or the Website shall be entitled to recover its reasonable expenses and costs, including outside and in- house attorneys’ fees, from the other party.

  14. Force Majeure. Our failure or delay in the performance of any obligation under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond our reasonable control.

  15. Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect.

  16. Entire Agreement. This Agreement sets forth the entire understanding between you and us relating to your use of the Website, and supersedes all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between you and us related to your use of the Website. We reserve the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after any use of the Website after such notice has been posted. Your continued use of the Website, or any materials or services accessible through the Website, shall constitute your acceptance of the changes. If you do not agree to the changes, your sole remedy shall be to discontinue use of the Website.

  17. Forbearance; Waiver. No delay or failure by us in exercising or enforcing any rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by us of any provision of this Agreement.

  18. No Assignment. This Agreement is personal to you. You shall not assign your rights or delegate your obligations under this Agreement, in whole or in part, without our prior written consent. Any attempted assignment or delegation by you shall be voidable ab initio by Us.

  19. Binding Nature. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

  20. No Agency, Partnership or Joint Venture. This Agreement shall not be construed as creating any agency, partnership or joint venture between us and you.

  21. Captions. The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words “shall,” “agree” and “will” are mandatory, the word “may” is permissive, the word “or” is not exclusive, and the singular includes the plural and vice versa.

Last updated: February 08, 2016