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PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Service
Effective date: February 8, 2019
These Terms of Service (the "Terms") govern your use of the Fetch Rewards, LLC ("Fetch," "we" and "us") grocery shopping planning, organization and rewards tools on our website(s) (the "Website") and our mobile application (the "App," "Econo MiApp") (collectively, the "Services"). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com.
We do not represent or claim there is any partnership between the brands mentioned or displayed within our application. Any brand that is referenced is not making any representation of the brand, their opinions, or relationships. All rights and trademarks and symbols remain property of those companies.
Rights & Eligibility to use Fetch
Subject to your continued compliance with these Terms, you may register for one (1) account with Fetch. This one account maybe used with Econo MiApp and the associated App, Website, and other Services for your personal and non-commercial use. This account may be used to access other Fetch services, such as our Fetch Rewards application, and your use of those services are subject to those terms and conditions. If you are or have been removed, deactivated, or otherwise disallowed to use any of our products, you are not permitted to register another account or use the Services in any way.
Will Fetch ever change the Services?
We are always trying to improve the Services, so they may change over time. We reserve the right to alter, suspend or discontinue the Services in our sole discretion at any time. To the extent reasonably practicable as determined solely by us, we will provide notice of material adverse changes to the Service. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Will these Terms ever change?
What about My Privacy?
What are the basics of using Econo MiApp?
In order to use Econo MiApp, you must create a username ("User ID") and select a password. Alternatively, you may log in through Facebook. When you supply registration information to us, you promise to provide us with complete and accurate information. You may not select as your User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
As part of the Services, you may receive push notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the mobile Application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through the phone's operating system (with the exception of infrequent, important service announcements and administrative messages). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
How Do Rewards Coupons Work?
Fetch makes available through the Service points, bonuses, deals, or other awards that work like coupons on certain third-party products and services ("RewardsCoupons"). When using Shop FetchEcono MiApp, points Coupons are earned redeemed by scanning and purchasing items through the Service at an Shop FetchEcono MiApp-enabled retailer and at the point of sale, you must enter the phone number associated with your account for the Coupons to be redeemed. Other offers such as deals may be redeemed by purchasing applicable products through the Services at a Fetch-participating retailer. Fetch reserves the right to deduct any points from your account if Fetch, in its sole discretion, determines that such points were not validly earned. You may also earn points by completing other activities detailed and dictated in the App which could include taking surveys, entering a referral code or engaging in any other activity determined by Fetch in its sole discretion. Fetch reserves the right to apply additional restrictions to any method it offers for earning points.
Fetch and our Partners may introduce other reward offers from time to time, which may be subject to additional terms and restrictions. Reward offers are subject to change or cancellation at any time.
Fetch does not guarantee that any particular Reward Coupon will be available on any given product at any particular time. Items for which Rewards Coupons are or will be available are subject to change without notice. Fetch reserves the right to change, remove, or otherwise alter the available offers Coupons at any time.
Pricing & Order Transfer
Fetch will work with retailers to try to ensure accurate transfer of the Coupon value on the Service and their value into the Point of Sale system. However, due to a number of factors outside of Fetch's control, Fetch does not guarantee that this transfer will always be accurate. By agreeing to these terms, you agree that Fetch is not responsible or liable for any of the above.
Intellectual Property Rights
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Fetch's) rights.
You understand that Fetch owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services. You may not remove any copyright, trademark, or any other intellectual property marks from any materials or services.
Any third-party copyrights, trademarks, service marks, and logos that may be viewable through the Services (such as store and brand logos) are the property of their respective owners.
Who is responsible for what I see and do on the Services?
You may be able to provide responses, comment, or suggestions and submit questions through the Services ("User Submissions"). To the extent you publicly post the User Submissions, you agree that they will not be harassing or otherwise inappropriate or unrelated to the Services. We are not responsible for the content of User Submissions, including their accuracy or quality. We cannot control and have no duty to take any action regarding how you may interpret third party User Submissions, and you hereby release us from any all liability relating thereto. You are responsible for all your own activity in connection with the Services. User Submissions will become Fetch's property. You hereby relinquish and assign to Fetch the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from those User Submissions, including any ideas, concepts, know-how, or techniques contained therein for any purpose.
Linking and Third Party Websites
In providing the Services, Fetch may link to websites operated by third parties. Fetch has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Fetch will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with third-party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services (for example, your purchases of goods from your local grocery store), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Fetch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users of the Services and any third party, you agree that Fetch is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Fetch, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
By using the Services, you may not and agree not to:
- misrepresent the items, quantity of items, or weights of items in your cart.
- use any information from Fetch Services for the purpose of using it with another service or program.
- transfer, rent, loan, sell, sublicense, or distribute the licenses or any materials granted herein.
- post or distribute any defamatory, harassing, abusive, threatening, inaccurate, or unlawful content, or any content that a reasonable person could deem to be objectionable, profane, offensive, indecent, threatening, embarrassing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
- impersonate any other person such as another user, or a member of another business to contact or access Fetch Services or Support team.
- send users of the Service any unsolicited offers, messages, promotions, chain mail, requests, or petitions.
- participate in any illegal activity, or violate any law, including laws governing intellectual property rights and privacy/data protection.
- attempt to collect personal information about users or third parties without their consent.
- decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the Services, applications, or web pages.
- interfere with security features, features that restrict use or copying, or features that enforce limitations of the Service.
- use or alter the service in any way, including modifying, translating, copying, or distributing malicious code through the Services, App, or Website.
- "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
- run any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure).
- jeopardize the security of your User ID or anyone else's User ID (such as by allowing someone else to log in to the Service as you).
We have the right, but not the obligation, to monitor the website and app, determine if any party's conduct violates these Terms, and remove any offending content. If your account is suspended, terminated, deleted, closed, or otherwise rendered inaccessible by Fetch, you will not have the right or ability to access, use, or redeem any remaining Rewards in your account as those Rewards will be void and terminated.
What if I want to stop using the Services?
Fetch is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your violation of any of these Terms. Fetch has the sole right to decide whether you are in violation of these Terms.
Account termination may result in destruction of any Content associated with your account. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, otherwise harmful to the rights or property of Fetch, .or for any other reason deemed reasonable by us.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms that relate to any disputes between you and Fetch.
What else do I need to know?
Fetch does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from Fetch or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FETCH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FETCH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless Fetch, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Fetch's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of Wisconsin, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the State of Wisconsin, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Wisconsin.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Fetch agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Fetch, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You agree that Fetch has not made, and you have not relied on, any representation by Fetch relating to the Rewards, the Services, or the fetchrewards.com website or mobile Application other than those expressly set forth in these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Fetch in any respect whatsoever. You and Fetch agree there are no third party beneficiaries intended under these Terms.