TERMS OF USE

Last updated February 2015

 

Thank you for selecting the Services offered by Spendgo and its affiliates (referred to as "Spendgo", "we", "our", or "us") on this website and related applications. This document consists of one of two parts: 1) the Terms of Use of Spendgo's applications and 2) the usage of Spendgo's web sites. Please review this document along with the Spendgo Privacy Policy that describes what information we collect from our users and how we may use it (together "Agreement") thoroughly. This Agreement is a legal agreement between you and Spendgo. By clicking "ACTIVATE" indicating acceptance electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Services.

SCOPE

Spendgo is a consumer management service that allows users to receive, upload and store digital copies of receipts from merchants, receive deals and rewards for merchandize, and receive a free email account to communicate with merchants, whether for receiving receipts, deals and rewards, customer service, or shipping, and track aggregate purchases. This Agreement describes the terms governing your use of the Spendgo services provided to you on Spendgo's applications and websites, including content, updates and new releases (collectively, the "Services"). It includes by reference:
Spendgo Terms of Use.

YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS

Spendgo services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited right to use the Services, and Spendgo reserves all rights of ownership in the Services not expressly granted to you in writing here. Subject to the termination provisions set forth below, for so long as you comply with this Agreement, Spendgo grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid perpetual unless Spendgo, in its sole discretion, discontinues or modifies the Services, and only for the purposes described by Spendgo on the website for the Services. If, notwithstanding the foregoing you grant access to your account or the Services to any other person, you will be in violation of this Agreement and you will be solely responsible for any actions taken by any such person, as well as any damages or losses caused by any such person to you, Spendgo, or others.

You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by Spendgo in writing, you agree you will not:

(a) Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Services, without Spendgo's express written consent, which may be withheld in Spendgo's sole discretion;

(b) Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation to robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);

(c) Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or

(d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

(e) Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.

(f) Attempt to access any other Spendgo systems that are not part of these Services.

(g) Excessively overload the Spendgo systems used to provide the Services.

The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Spendgo in its sole discretion.
You are solely responsible for maintaining and securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Spendgo immediately by email at the address provided under the heading "Account Security" below.
The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
You are responsible for your own actions while using the Services. In particular, you should not use the Services while driving or at any other time when use of the Services may disrupt your attention to other matters and result in injury to yourself or others.

YOUR PERSONAL INFORMATION

When you use the Services you create a personal profile that may include personal information such as name, phone number, zip code, city, address, and email address. You may also interact with other users of the Services from time to time. You warrant and represent that you own or otherwise control the rights to all of this information provided to Spendgo through your use of the Services (the "Content"). You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You agree that you will not use the Services to share, store, or in any way distribute data that is not in accordance with the law. Spendgo is not responsible for the Content or data you submit on the website. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

(a) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

(b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);

(c) Except as otherwise permitted by Spendgo in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

(d) Virus, trojan horse, worm, spyware, spamware or other disruptive or harmful software or data; and

(e) Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

Spendgo may require you to place all or any portion of the Content behind password protection if Spendgo determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. Spendgo reserves the right to terminate this Agreement upon violations of this section. The Services may include social networking features to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Spendgo does not support and is not responsible for the accuracy of others' content in these features. Do not reveal information in the social networking features that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Spendgo is not responsible. Spendgo may freely use feedback you provide. You agree that Spendgo may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Spendgo a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback you provide to Spendgo in any way. Spendgo may monitor your Content from time to time. Spendgo may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Spendgo or its customers, or operate the Services properly. Spendgo, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. You hereby acknowledge that Spendgo may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Content will be retained by Spendgo. You further acknowledge and agree that Spendgo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

USE AND VALIDITY OF E-MAIL NOTICES; E-MAIL ACCOUNT

As part of the Services, Spendgo will be providing you a Spendgo email address, whether spendgo.me or other. You also will be providing your e-mail address to Spendgo in order to use the Services. You agree that Spendgo may provide, and that you will accept and receive, all required notices from us electronically, to either the Spendgo provided email address, that e-mail address that you provided, or such other e-mail address as you designate. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Notwithstanding the foregoing, Spendgo may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate. Any legal notices by you to Spendgo relating to this Agreement should be sent by you to Spendgo by e-mail to the following address: legal@spendgo.com

OTHER SPENDGO AND THIRD PARTY PRODUCTS AND SERVICES

We may offer to you other services, features, products, applications, online communities, or promotions provided by Spendgo. If you decide to use any of these other services, additional terms and conditions and separate fees may apply. Spendgo provides links to third-party websites providing services that we believe may be of interest to Spendgo users. If you decide to use any third party products or access any Third Party Sites, you are responsible for reviewing the third party's separate product terms, website terms and privacy policies. Spendgo does not endorse, warrant or guarantee the products or services available through any such offers, and Spendgo is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Spendgo does not guarantee that the third-party offer information displayed through the Services are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, lowest rates available in the market, or otherwise suitable for you. You must complete your own review and due diligence of any third-party offers, products or services, and Spendgo disclaims any express or implied obligation to do so.

ALERTS

Spendgo may provide automatic or voluntary account-related alerts from time to time. Spendgo may deliver these alerts to your computer, mobile phone, or other device or by such other method of using the Services that you select and Spendgo supports. Automatic alerts may be sent to you following certain changes made to your Spendgo account, such as a change in your account information. Spendgo may also send you alerts regarding promotions, third party offers and other information based on your preferences and the operation of the Services. Voluntary account alerts initially may be turned on by default as part of the subscription and enrollment process for the Services. They may then be customized, modified, deactivated or reactivated by you through changes to your account settings. Spendgo may add new alerts from time to time, or may cease to provide certain alerts at any time in its sole discretion. Each alert will have different options available, and you may be asked to select from among these options upon activation of your alerts service. When possible, electronic alerts will be sent to you at the Spendgo provide email address, but may be sent to the primary email address, mobile phone number, or other contact address you provided, and you may subsequently set your alerts to go to one or more accounts or devices. If your contact information changes, you are responsible for informing us of that change. Changes to your contact information will apply to all of your alerts. Alerts to mobile phone numbers may trigger charges from your mobile carrier or other third parties. Because alerts are not encrypted, we will never include your password. However, alerts may include your login ID and some information about your accounts. Anyone with access to your email, mobile phone, or other device or accounts receiving alerts will be able to view the content of these alerts and it is your responsibility to maintain the privacy and security of this information. Furthermore, if your computer, mobile phone, or other device or account that is receiving or previously has received alerts is lost, stolen, or misplaced, or is otherwise compromised, Spendgo is not and cannot be responsible for any information or alerts that may be accessed by third parties and you are encouraged in any such case to immediately change your password and login ID from a secure device. Any automatic or voluntary alerts provided by Spendgo may be delayed, blocked, or prevented by a variety of factors. While Spendgo will use reasonable efforts to provide alerts in a timely manner with accurate information, we can neither assure or guarantee the timely delivery or the accuracy of the information contained in any alert. You agree that Spendgo will not be liable or responsible for: any delays, blockage, failure to deliver, or misdirected delivery of any alert, any errors in the information contained in an alert; or for any actions taken or omitted to be taken by you or any third party as a result of or in reliance upon any alert provided by us or not delivered by us.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPENDGO, ITS AFFILIATES, PARTNERS AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. SPENDGO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SPENDGO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. LIMITATION OF LIABILITY AND INDEMNITY. SPENDGO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SPENDGO SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SPENDGO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SPENDGO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO SPENDGO TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY SPENDGO.

INDEMNIFICATION

You agree to indemnify and hold Spendgo and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Spendgo reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Spendgo in the defense of any Claims.

Changes To This Agreement Or The Services

We may change this Agreement from time to time, and the changes will be effective when posted on Spendgo's website for the Services, through Spendgo's account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Spendgo posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.

Termination

Spendgo may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Services. Our Privacy Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Disclaimer Of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General. You may cancel your account or any part of the Services at any time. Prior to you canceling your account, you may export any stored receipt or other information Spendgo is storing on its website and applications on your behalf. Upon termination of your account for any reason, Spendgo may (a) delete any of your Content, listings, messages or other information in connection with your Account; (b) prohibit your access to your Account, including without limitation by deactivating your password; and/or (c) refuse your future access to the Services.

Copyright And Trademark Notices

All materials of the Service (as well as the organization and layout of the Service) are owned and copyrighted or licensed by Spendgo, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Spendgo website (and any successor websites or additional websites or any co-branded websites), is permitted without the written permission of Spendgo. Any rights not expressly granted herein are reserved. Spendgo, the Spendgo logo, other Spendgo logos and product and service names are trademarks of Spendgo (the "Spendgo Marks"). You agree not to display or use the Spendgo Marks in any manner whatsoever without Spendgo's written permission. The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. Spendgo does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Spendgo disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.

Governing Law And Jurisdiction

The internal, substantive laws of the State of California governs this Agreement without regard to its conflicts of laws provisions. As a material inducement to Spendgo to enter into this Agreement and provide you access to the Services and other offerings provided by us at such low price points, you agree that to resolve any legal dispute arising from this Agreement, you and Spendgo agree to the exclusive jurisdiction of state or federal courts located in San Francisco, California. Spendgo does not represent that information on the website for the Services is appropriate or available for use in all countries. Spendgo prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

General

You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and Spendgo and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Spendgo's right and remedies under this Agreement are intended to be cumulative and any failure by Spendgo to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which Spendgo is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of Spendgo's rights or remedies, all of which will still be and remain available to Spendgo. By signing this agreement, you also agree to receive e-mail communication from Spendgo unless you respond that you would like for your address to be removed from this list.