Terms and Conditions
Last updated: February 2021
Please read these terms and conditions carefully before using Our Service.
1. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for/by You to access our Service or parts of our Service.
Country refers to: Missouri, United States
Company (referred to as either "the Company", "We", "Us" or "Our") refers to Arrive Rewards, LLC, 400 Chesterfield Center, Suite 500, Chesterfield, MO 63005.
Device means any device that can access the Service.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance or features of our Service using a form found on Our Website.
Service refers to the cash back shopping program made available by Us by using the Website, the browser extension, or other technologies which provide cash back shopping at Retailers.
Service Links refers to links that, when clicked, facilitate attribution tracking which is required for You to earn cash back.
Retailer refers to a company whose products or services are able to be purchased using the Service.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to www.ArriveRewards.com
You (referred to as either “You” or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Introduction
Please read these Terms carefully. This agreement affects your rights.
These are the Terms governing the use of the Service and represent entire agreement that operates between You and the Company. The Terms set out Your rights and obligations regarding Your use of the Service and are legally binding.
Term and Termination. The Terms are effective when accepted by You and shall remain in effect until terminated by either You or Company.
Limits to Your Access to Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with the Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
AGREEMENT TO TERMS. By accessing or using the Service You agree that you have read, understand, and agree to be bound by the Terms and the Privacy Policy. If You do not agree with or are dissatisfied with any part of the Terms or Privacy Policy, then You must discontinue participation in and use of the Service; discontinuation of the Service is your sole recourse.
ARBITRATION ANDCLASS ACTION/JURY TRIAL WAIVER. You agree to the mandatory individual arbitration and class action/jury trial waiver provisions described below to resolve any disputes with Company, except for those matterS that may be taken to small claims court.
3. Changes to These Terms
Change of Terms. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, the revisions will become effective once you have been notified. What constitutes a material change will be determined at Our sole discretion. Otherwise, the revisions will take effect immediately upon being published.
Acceptance of Revised Terms. Continuing to access or use Our Service after revisions become effective means You agree to be bound by the revised terms. If You do not agree to the revised terms, in whole or in part, your only recourse is to stop using the website and the Service.
Finding Current Terms. The current version of the Terms will be posted on Our Website. The posted version replaces any previous version.
3. Cash Back Shopping
Introduction. We provide You the ability to earn cash back on purchases made using the Service. We do this by providing You a part of the commission Company receives when a purchase is made using the Service. Cashback amounts and the Retailers from which You can earn them are determined by Company and may be changed at any time with or without notification to You.
Earning Cash Back. To earn cash back you must have an Active Account, be logged into that Account, and complete a purchase within the same shopping trip as when You clicked a corresponding Service Link. If you disable “cookies”, implement ad blockers, or use similar technologies you may not be able to earn cash back as those technologies may prevent the Service from tracking Your purchase properly. Additionally, if you visit other sites or click emails after you click the Service Link but before you complete the purchase or use coupons not provided by Service your transaction may be associated with a different service and not eligible for cash back with Service.
Exclusions. Cashback is not provided on taxes, warranties, shipping, discounts/credits, or returns. Cashback is not earned on gift card purchases. Cash back amounts can vary by Retailer and product category. Additional exclusions may be included by the Retailer. Make sure to review the terms for each Retailer before completing a purchase.
Retailer Determination. Retailers make the final determination, using their independent policies and rules, as to which transactions will earn cash back. Company does not make decisions for or on behalf of any Retailer on the Service. Any interaction (including but not limited to purchases) you have with any Retailer is exclusively between you and that Retailer and is subject to the rules and policies as determined by that Retailer.
Transaction Records. Typically, transactions appear in your account within 1 day. Each transaction will begin as “pending” until the time that the Retailer, in their sole timing and discretion, determines that the cash back is payable. Once a transaction is payable it will be available for Your use. Company is not responsible if the Retailer fails to report your transaction. If You believe a transaction is missing, there is a form on the Website to submit inquiries regarding missing transactions. Inquiries must be received within 90 days of the date of the missing transaction.
Cash Back Adjustments. Company determines if cash back is owed to You. Your cash back balance is subject to adjustment as We alone determine. These adjustments will be made with respect to the Terms, the terms of any relevant 3rd party, and applicable rules, laws, and regulations. Company can adjust or withhold cashback from a transaction(s) altogether if We believe, in our sole discretion, a transaction(s) is fraudulent, suspicious, or in any way inconsistent with the spirit of the Terms. If you disagree with any decision Company makes with respect to cash back awards or adjustments your only recourse is to discontinue use of the Service.
Receiving Cash Back. You can request Your cash back be sent to You via check by email or PayPal so long as Your payable balance is at least $5. Company is not responsible for payments sent to the wrong address or mistakes made by PayPal so long as Company is not at fault.
Tax. You are solely responsible for any and all tax liability created from any amount received from Your use of the Service.
4. Promotions and Communication
Promotions. Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Communication. When an Account is opened you agree to receive communications via email, printed mail, or other methods for which you have provided your contact information. If you have installed the browser extension, we may send you notifications using that technology. Some communications you may opt out of in accordance with the Privacy Policy
5. User Accounts
To use the Service, you must have an Account. You are limited to one account.
Providing Information. When Your account is created with Us, You must provide Us, at a minimum, your email address. All information You provide must be accurate, complete, and current at all times through updates that You make. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on the Service. Information collected regarding Your use of Service is governed by the Privacy Policy.
Password Security. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
Account Activity. To be considered Active with Service you must have either logged into Your account or clicked a Service Link in the past 12 months. If you have not done either of these then your account will be deemed Inactive. Inactive accounts will be assessed a $1 nonrefundable monthly maintenance fee until You become Active or your cash back balance is $0. You will never owe money to Company. Inactive accounts with a $0 balance are subject to closure at Company’s sole discretion.
Investigation of Abuse. Accounts can be investigated by Company should We believe, for any reason, that the Account is being used unfairly, unethically, or in any way inconsistent with the spirit of the Terms or any promotional terms. We reserve the right to suspend or terminate any Account we determine, in our sole judgment, to be in breach of the Terms. Company shall not be liable to You or anyone else for the suspension or termination of an Account.
6. Your Use of Service
License. Based on this Agreement, We grant You a non-exclusive, non-transferable license to access and use the Service. You have no right to sub-license. You agree the Service is for your personal use only. All rights not expressly granted in the Terms are reserved by Company. Company reserves the right to change, at anytime, any aspect of the Service with or without notice.
Restricted Action. You agree not to, and will not allow other others to (i) upload or distribute any code that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service, (ii) modify, disassemble, decompile or reverse engineer the Service, (iii) probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service, (iv) take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Service, (v) access the Service through any automated means, (vi) attempt access to or use any other Services’ or its users’ data through the Service, (vii) maliciously reduce or impair the accessibility of the Service, (viii) use the Service to post, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, hateful, or otherwise objectionable material, (ix) transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability, (x) use any software, programs, routines, applications or technologies to derive financial benefit from Company or “Scape”, “Crawl”, or otherwise index any page, pages, or content within any page, (xi) infringe any 3rd party right; or (xii) take any other action that could reasonably be considered inappropriate with respect to the intended use of the Service.
7. Your Feedback to Us
Feedback. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
8. Links to Other Websites
Use of Links. Our Service contains links to third-party web sites or services that are not owned or controlled by the Company.
No Responsibility for 3rd Parties. Company assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Recommended Action. We recommend You read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
9. Disputes Resolution
Informal Resolution. If You have any concern or dispute about the Service, You agree try to resolve the dispute informally (without a formal legal case) by contacting the Company. You can initiate the informal dispute resolution by submitting Feedback to Company. You and Company have 60 days from the date You make the request to resolve the dispute informally before You may pursue formal legal action.
Arbitration Agreement. In the event ANY dispute cannot be resolved informally, You and Company agree that that dispute shall be referred for arbitration to a neutral arbitrator. The arbitrator decision is binding and final and he/she shall apply the United States Arbitration and Mediation Rules of Arbitration. The arbitrator shall decide any disputes related to the arbitrability of any claim.
Arbitration Opt-Out. Arbitration is optional. You may decline this arbitration provision within 30 days of Your Account creation by sending written notice to Company. You may decline a future revised arbitration provision by sending written notification to Company within 30 days the revised arbitration provision becomes effective. Rejecting a future revised arbitration provision does not nullify your agreement to a previous arbitration provision. After the 30 day opt out widow is closed (for either this provision or any future revised provision) you will be deemed to accept the arbitration agreement.
CLASS ACTION WAIVER. YOU AND COMPANY AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
10. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
11. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the cashback amount actually received by You through the Service or $100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
12. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and THEIR and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providerS makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
13. General Terms
Governing Law. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver. Failure to exercise a right or to require performance of an obligation under the Terms shall not affect a Company’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Headings. Headings and other organizational elements of the Terms are used to assist your reading of the Terms and are not, in any way, intended to affect the way the Terms are interpreted.
Assignment. You may not assign, transfer, or otherwise relieve Yourself from the rights and obligations outlined in the Terms. Company has the right to transfer, assign, or otherwise relief Ourselves of the Terms at any time in Our sole discretion.
Indemnification. You agree to indemnify Company, Our Retailers, and Our vendors, as well as their respective officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses, and causes of action arising out of or relating to Your breach of this agreement.
14. Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email: support@ArriveRewards.com
