Regarding Your Registration By using the Company Services, you represent and warrant that: A. all registration information you submit is truthful, complete and accurate; B. you will maintain the accuracy of such information and promptly update the information as it changes; C. you will keep your password confidential and will be responsible for all use of your password and account; D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and E. you will not use this Website or Company Services in violation of any law or regulation. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine, in our sole discretion, the user name is inappropriate, obscene, offensive, objectionable, or undesirable, or when a trademark owner complains that the username is closely related to the owner’s trademark. Regarding Content You Provide The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, share, distribute or broadcast content and materials to the Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third-party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, pornographic, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third-party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement. By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
MOBILE APPLICATION LICENSE
Use License If you are accessing the Company Services via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application. Terms Applicable to Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Company Services. You acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Company, not an App Distributor, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third-party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third-party claim that the Company application or your possession and use of the Company application infringes a third-party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD-PARTY TERMS OF AGREEMENT: You must comply with applicable third-party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application. (8) THIRD-PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. SOCIAL MEDIA As part of the functionality of the Website, you may link your account with online accounts you may have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Website; or (ii) allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers. By granting Company access to any Third-Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or Company’s access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Company will deactivate the connection between the Website and your Third-Party Account and delete any information stored on Company’s servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to the Company are not confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to: A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website B. attempting to impersonate another user or person or using the username of another user C. criminal or tortious activity D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website E. deleting the copyright or other proprietary rights notice from any Website content F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website J. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses K. selling or otherwise transferring your profile L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords N. using any information obtained from the Website in order to harass, abuse, or harm another person O. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau P. using the Website in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.
THIRD-PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party.
Company reserves the right but does not have the obligation to: A. monitor the Website for violations of this Agreement; B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy; D. in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; E. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. If Company terminates or suspends your account, you hereby release and hold harmless the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees from any loss, liability, claim, demand and damages (including but not limited to direct, indirect, actual, consequential, special, exemplary and punitive damages, and attorney fees associated therewith) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to termination or suspension of your account. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS TO AGREEMENT
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
MODIFICATIONS TO SERVICES
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third-party for the damages or consequences for any modification, suspension or discontinuance of the Company Services.
DISPUTES BETWEEN USERS
If there is a dispute between users of the Website, or between users and any third-party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release and agree to hold harmless Company, its officers, employees, agents and successors in rights from claims, demands and damages (including but not limited to actual, direct, indirect, consequential, punitive, exemplary and special damages, and attorney fees on those damages) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
DISPUTES WITH COMPANY A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Georgia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Gwinnett County, State of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose. B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least three hundred and sixty-five (365) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Either party may demand arbitration in writing. Upon such demand, the arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Gwinnett County, State of Georgia. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a collective basis or class-action basis or to utilize class action or collective action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If any court determines that the class action waiver or collective action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis or collective basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in a court located in Gwinnett County, State of Georgia. E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice or any notice at all.
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third-party websites or provided by third-party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services. YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ATTORNEY FEES ASSOCIATED WITH ANY OF THOSE DAMAGES, OR LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF TWELVE (12) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
WAIVER OF SUBROGATION
In the event of any loss, damage, harm or injury, you will look exclusively to your insurer and not to us to compensate you or anyone else. You release and waive any rights you or your insurance company may have to be reimbursed by us or anyone else for money paid to you or on your behalf arising as a result of the payment of any claim for loss, damage, harm or injury. You agree to obtain a waiver of subrogation rights from all insurers providing you with insurance coverage.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING AND SIGNATURES
We primarily conduct business electronically. You confirm your ability and consent to electronic transactions and the use of electronic signatures in accordance with our Information Consent and Agreement to Conduct Electronic Transactions, which is incorporated into this Agreement by reference. Your consent to electronic transactions and the use of electronic signatures encompasses this Agreement and all mailings and communications. Such consent for electronic mailings and communications includes consent to electronic cancellation and nonrenewal notices.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, all such rights being reserved. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
BUCKLE REFER-A-FRIEND PROGRAM
These Buckle Refer-A-Friend Program Rules (“Program Rules”) govern your participation in the Buckle Refer-A-Friend Program (“Program”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING "I ACCEPT" PRIOR TO CLICKING ON “SIGN-UP” FOR THE PROGRAM OR BY SIGNING UP FOR THE PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE PROGRAM RULES. BUCKLE MAY MODIFY OR AMEND THESE PROGRAM RULES AT ANY TIME WITHOUT NOTICE IN ITS SOLE DISCRETION. BY CONTINUING TO PARTICIPATE IN THE PROGRAM AFTER ANY MODIFICATION, YOU ACKNOWLEDGE AND AGREE TO CONTINUE TO BE BOUND BY THESE PROGRAM RULES. These Program Rules are in addition to any agreements between you and Buckle, if applicable, including the Buckle Terms and Conditions located at https://www.buckleup.com/terms-and-conditions. The term “you,” and “your” refers to the individual that signs up to participate in the Program and agrees to these Program Rules.
1. Program Overview
The Program provides users (referred to herein as (“Referrers”), who are interested in referring their friends and family (each a “Referred User”) to Buckle for the opportunity to (i) become a Buckle Member, (ii) participate in Buckle’s platforms, and/or (iii) access Buckle’s products and services (collectively, the “Buckle Platforms”). If a Referred User signs up to the Buckle Platforms the Referred User will be required to first accept the Buckle Terms and Conditions contained within the Member Enrollment Application or the Buckle product or service Application, as well as these Program Rules, since the Referred User will automatically be enrolled in the Program. Therefore, these Program Rules apply to both Referrers and Referred Users. As a Referrer, you may be eligible to earn reward incentives as described below.
2. Program Referrer Eligibility
To be eligible to participate as a Referrer and earn Referral Rewards (as defined in Section 3 below), you must (a) be a legal resident of your country; and (b) be the age of majority in your territory of residence. You do not have to be a current Buckle Member or otherwise participate in the Buckle Platforms to participate. There are three ways that you can enroll in the Program:
(a) Buckle Member Application. If you enroll as a Buckle Member, you will automatically be enrolled in the Program after you register to become a valid Buckle Member. If you were already a Buckle Member prior to start of this Program, you may enroll in the Program by clicking on the “Refer A Friend” button inside the Buckle Member Dashboard.
(b) Non-Member by Invitation. If you are not a Buckle Member and visit [www.buckle.com/invite], you may enroll in the Program by entering your email address.
(c) Non-Member affiliate. If you are not a Buckle Member, but are interested in enrolling on behalf of your riders and drivers as an affiliate (e.g. Lyft, Venmo, etc.), you may visit [www.buckle.com/Affiliates] and enroll by entering your email address, first name, last name, phone number, address, and company name. As an affiliate, Buckle may collect additional information from you during the sign-up process.
You may participate in the Program in several ways (for example, as a Referrer, Referred User, rider or driver). However, if you violate these Program Rules, the Buckle Terms and Conditions or any other applicable terms, Buckle may suspend or terminate your ability to participate in the Program under any or all of your accounts. For example, if you are a rider and driver and you engage in prohibited referral activity under your driver account, Buckle may terminate your ability to participate in the Program under all of your Buckle accounts.
3. How to Refer Users
(a) Unique Codes Under the Program. As a Referrer in the Program, Buckle will provide you with a designated code (“Referral Code”). You may use this Referral Code to invite Referred Users to sign up in any of the Buckle Platforms or to participate in the Program. If you are the Referrer, an email will be automatically sent to you upon enrolling in the Program, which will contain the Referral Code. You may share this Referral Code to potential Referred Users through social media channels or via email. In the event a social platform of the Referrer’s choice is not available, you may place your Referral Code anywhere on the Internet for use by a potential Referred User. Although you do not need to be a Buckle Member or otherwise participate in the Buckle Platforms to make a referral, you will only receive a Referral Reward if you meet the Reward Criteria described below. An email will be sent to Referred Users notifying them that they have been referred to participate in the Buckle Platforms. The Referred User may then use your Referral Code link to sign up to the Buckle Platforms. Buckle owns all rights in and to the Referral Code provided to you. You acknowledge and agree that: (a) you have no ownership rights in any form over the Referral Code, and (b) Buckle may reclaim, deactivate, invalidate or terminate your Referral Code at any time at its discretion.
(b) How to Earn Referral Rewards. From time to time, Buckle will determine the value of each referral incentive (e.g. up to $5, $10, etc.) that you may earn when you make a referral, which can only be earned when a Referred User signs up to a Buckle Platform (“Earned Incentives”). Once your Earned Incentives balance reaches $15 (“Reward Criteria”), you will be entitled to reward payouts, which may be in the form of a gift card or a credit against a Buckle approved payment card (e.g. Tango card, PayPal, Visa, etc.) (“Referral Reward”). The type and amount of the Earned Incentives, Reward Criteria, and Referral Reward are set by Buckle in its sole discretion and are subject to change at any time in Buckle’s sole discretion. Buckle will notify you of these Program changes through its promotions, emails, text messages, your Buckle Member account, and/or other communication channels. Any Earned Incentives that you have earned up to any Program changes will continue to be valid, and Referral Rewards that you earn up to any Program changes will be paid out in accordance with Buckle’s payout procedures described below. Referral Rewards can only be earned for referrals in your country of residence, and cannot be earned for cross-border referrals. The Reward Criteria may vary by market or within a particular market. Buckle, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other users or prospective users of the Program. These promotions, unless offered to you, shall have no bearing whatsoever on any existing relationship you may have with Buckle.
(c) Payouts of Referral Rewards. Once Buckle confirms that the Reward Criteria has been met, within five (5) business days, Buckle will approve the payout of the Referral Reward and will notify the Referrer and the Referred User. The payout to the Referrer of the Referral Reward should take place within ten (10) business days of such notification, although it may be delayed up to thirty (30) days. The Referred User may also participate as a Referrer in order to receive Referral Rewards.
(d) Maximum Referral Rewards. The maximum amount of permitted referrals or Referral Rewards may be determined by Buckle from time to time in its sole discretion. You may not create multiple Buckle accounts to circumvent the Referral Reward maximum, and Buckle may withhold or deny any amounts above the maximum Referral Reward. Buckle reserves the right to change this maximum amount, and it is your responsibility to review the Program Rules for the current maximum limits.
(e) Reservation of rights. Buckle reserves the right to withhold or deduct Referral Rewards obtained through the Program in the event that Buckle determines or believes that the receipt of the Referral Reward was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and Buckle. Buckle reserves the right to change the Reward Criteria under the Program, and to alter, modify, suspend or terminate the Program or any component thereof at any time upon notice, which notice may be provided through mail, e-mail or such other methods as determined by Buckle in its sole discretion. All Buckle decisions related to the Program are final and binding, except where prohibited, including decisions as to whether a Referral Reward claim is valid and when or if to terminate or change the Program.
(f) Taxes. You are solely responsible for any taxes that arise out of or are related in any way to Referral Awards paid to you in the form determined by Buckle. You acknowledge that Buckle may issue and file with any governmental authority any tax documents that are required by applicable law.
5. Third-Party Software
Buckle may use third-party services and software to provide the Program. You agree to comply with the terms and conditions or other requirements of any such third-party, including without limitation, any end user license agreement referenced on any sign-up page.
In connection with your participation in the Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code you agree that:
No spamming. You agree that you will not “spam” anyone with invitations to join the Program, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
• Mass emailing, texting or messaging people you do not personally know;
• Use of automated systems or bots through any channel to distribute, post or respond to your Referral Code;
• Use of scripts, programmed or automatic dialers to send invites or to communicate Referral Codes; and
• Posting Referral Codes on event or venue pages without express permission from the event or venue owner.
No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
• Impersonate any person or entity;
• Create fake accounts, blogs, webpages, profiles, websites, links or messages;
• Misrepresent your relationship with Buckle or any other third party;
• Suggest that an affiliation or partnership exists with a third party where none exists; or
• Make misrepresentations with respect to the characteristics or qualification requirements for any Referral Rewards.
You acknowledge that Buckle may change the characteristics or qualification requirements for Referral Rewards in its discretion, and therefore you shall not represent any fixed characteristics.
Prohibited content. You agree that you will not use the Buckle brand without Buckle’s explicit written permission in connection with:
• Disparaging or defamatory content concerning Buckle or third parties;
• Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
• Offensive, abusive, intimidating or harassing content;
• Content that is sexually explicit, obscene and/or contains nudity;
• Any political and/or religious statement;
• Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms; or
• Content that violates someone else’s privacy.
Other restrictions. You also agree that you will not:
• Specify the monetary value of the Referral Code unless authorized by Buckle in writing;
• Create websites, domains, URLs, social media handles or email addresses containing the word “Buckle”;
• Use the names or marks of Buckle competitors;
• Use images of celebrities or other public or private figures without their written consent;
• Use someone else’s brand name or intellectual property without their written consent;
• Engage in phishing or attempting to obtain financial or other personal information;
• Solicit passwords or personally identifiable information;
• Sell your Referral Code. You agree that you will only distribute your Referral Code free of charge only for promotional purposes. You may not sell, trade, or barter your Referral Code under any circumstances;
• Violate or infringe the rights of a third party. You will not create any referral code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the Buckle Marks;
• Advertise. You agree that you will not pay to advertise your Referral Code or the Program, including via Google, Facebook, Twitter, Bing and Craigslist;.
• Create printed materials other than those authorized by Buckle;
• Post printed materials on public or private property without the express written consent; or
• Engage in fraudulent activity. You agree that you will not defraud or abuse (or attempt to defraud or abuse) Buckle, the terms of the Program, or any invited users. If you violate any of these restrictions, Buckle may, in its discretion, remove your eligibility to participate in the Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.
7. Liability Release; Warranty Disclaimer
Except where prohibited, Buckle shall have no liability for, and you agree to release and hold harmless Buckle and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Referral Reward). The content, information, links and functionality of website or webpages associated with the Program are provided “AS IS” and “AS AVAILABLE” and without warranties of any kind, either expressed or implied, including without limitation warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus or other harmful components. Without in any way limiting the prior sentence, Buckle does not make any representation or warranty that (i) the content and information provided about the Program is accurate, secure, complete or otherwise free from errors and omissions, or (ii) the links and other aspects of the website or webpages associate with the Program are functional.
ANY AND ALL DISPUTES, CLAIMS, CAUSES OF ACTION, CONTROVERSIES OR SIMILAR SUCH MATTERS BETWEEN YOU AND BUCKLE REGARDING THE PROGRAM (“DISPUTES”) SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT. YOU ACKNOWLEDGE AND AGREE NO COLLECTIVE ACTION, COLLECTIVE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY FOR ANY DISPUTE, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN SUCH DISPUTE AROSE OR ACCRUED OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING SUCH DISPUTE OCCURRED. It is expressly understood and agreed to that the arbitration of disputes must proceed on an individual (i.e., non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. Disputes of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration, whether or not such disputes may have been assigned. The arbitration must be filed in Jersey City, New Jersey, conducted in the English language, applying the law of the State of New Jersey, without regard to its conflict of law principles, under the Rules of Consumer Arbitration Rules of the American Arbitration Association (“AAA”). If a matter hereunder is brought to arbitration, the award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in the state and federal courts located in Jersey City, New Jersey, which shall have exclusive jurisdiction over the parties hereto and to which jurisdiction the parties hereby submit, for judicial acceptance of the award or order of enforcement. The party initiating the arbitration shall pay the initial filing fee. All fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of its respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all costs and expenses from another party if the arbitrator, applying applicable law, so determines.
9. General Terms and Reward Criteria
Buckle Membership referral offers valid only for Referred Users residing in the United States who are active Transportation Network Company (TNC) and/or Delivery Network Company (DNC) drivers. Active driver status subject to verification and/or validation prior to payment of any Referral Reward. No payment will be made for incomplete or invalid Membership registrations. Offer limited to one Referral Reward per Referred User driver that completes signup for a Buckle Membership. No purchase necessary. Offer void where prohibited. Buckle Insurance Quote referral offers valid only for Referred Users residing in states in which Buckle offers insurance at time of signup. Current states will be listed at www.buckleup.com/referred. ReferredUsers must be active TNC and/or DNC drivers at time of signup. Active driver status subject to verification and/or validation prior to payment of any Referral Reward. No payment will be made for incomplete or invalid quotes. Offer limited to one Referral Reward per household for a completed, valid quote. No purchase necessary. Offer void where prohibited.
AUTOPAY TERMS AND CONDITIONS (UPDATED NOVEMBER 1, 2022)
Definitions: “We,” “us” and “our” means Buckle Hybrid Auto MGA, LLC (“Company” or “Buckle”) and its affiliates and vendors, including but not limited to third party payment processors. “You,” “your” and “yours” means the persons authorizing automatic payments for insurance from us.
By completing and signing Buckle’s Recurring Debit/Credit Card Payment Authorization Form (“Authorization”) or by otherwise agreeing to enroll in automatic payments through buckleup.com or telephonically (“collectively Authorization”), you authorize us to charge the debit/credit card you provided on the designated billing date each month for premium, unpaid balances, policy fees, NSF fees, or late fees. You authorize us to use a third-party vendor to make the authorized withdrawals. You agree that you will pay for this purchase in accordance with your issuing bank’s cardholder agreement.
The payment information you provide will be stored by an affiliated third-party payment processor (Authorize.net), and not stored by the Company. By agreeing to the Authorization you authorize storage of that payment information by the third-party payment processor for purposes of this Authorization. You certify that you are the owner of the payment information provided or have authorization to use such payment information, and authorize its storage. You agree to keep your payment information up to date.
Your authorization to pay your Buckle auto insurance premium and fees by debit/credit card will remain in effect until you notify us in writing at firstname.lastname@example.org. Please include your policy number in any emails. At least two weeks prior notice is required in order to cancel this authorization. Please note that payments subject to this Authorization include any final amount due if your policy is cancelled or terminated. You remain responsible for paying amounts due each billing period after termination of your authorization. Your authorization also may be revoked by the Company or your financial institution at any time.
Any discounts offered for enrollment in automatic payments are subject to removal, if you cancel your authorization or if any of your payments are declined. If any payment is declined and you do not promptly contact us to make the payment manually as directed, the Company reserves the right to suspend your participation in the automatic payment program, to cancel your policy, and to undertake further collection action, including imposing costs and fees to the extent permitted by law. You authorize us to resubmit any declined payments at our discretion. After any replacement payment for a declined authorization has been cleared, you may contact us to reactivate automatic payments.
By agreeing to the Authorization, you also agree that the Company and its affiliates may send you billing and payment notices solely via email at the address you provided in connection with your policy application. You agree to update your email address should it become necessary.
If you need to change your payment information, you agree to provide at least ten (10) days notice of any changes to the next billing date. For payment information changes, questions or other assistance contact us at email@example.com or call Buckle Member Services at 866.U.BUCKLE / (866) 828-2553.
We reserve the right to change these Terms and Conditions at any time.