Terms of Use

Last Updated: 03/29/2022

NOTICE OF ARBITRATION AND CLASS ACTION WAIVER PROVISIONS

THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

PLEASE READ THE APPLICABLE PROVISIONS CAREFULLY AND DO NOT USE ANY OF THE INFLUENCE MOBILE APPS OR OUR OTHER SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US (INCLUDING WITHOUT LIMITATION ANY DISPUTES RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS) AS PROVIDED HEREIN.

TERMS OF USE

These Terms of Use (“Terms of Use”) are between you and Influence Mobile, Inc. (“Influence Mobile,” “we,” “us,” or “our”), for the use of any websites and/or applications owned and operated by Influence Mobile and any updates thereto, including without limitation Rewarded Play and Beauty Rewards (collectively referred to as the “Software”), whether or not you have registered a unique end-user account (an “Account”).  As used herein, the term “Services” refers collectively to the Software and any products, features, or services made available through the Software or otherwise made available to you by Influence Mobile, including without limitation any Rewards Program (as defined below).

These Terms of Use also include our Privacy Policy, which is incorporated herein by this reference, as well as any Additional Terms (defined below). These documents together constitute the entire agreement between you and Influence Mobile regarding the subject matter hereof. By using the Services, you signify that you have read, understand and agree to be bound by these Terms of Use. 

BY DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS, DOWNLOAD, AND/OR USE THE SERVICES. 

Modifications

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. If we make any material changes, and you have registered for an Account with us, we may also notify you via whatever means we reasonably deem appropriate.  Any changes to the Terms of Use will be effective immediately. By continuing to use the Services following such notice you consent to the changes. 

Influence Mobile may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Services is permitted. Your continued use of Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Services.  It is your responsibility to regularly review these Terms of Use.

Additional Terms

We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or about the Software (“Additional Terms”), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. If the Terms of Use are inconsistent with the Additional Terms, the Additional Terms shall control with respect to such services, applications, activities and/or features.

Registering an Account

YOU MUST BE 16 YEARS OF AGE TO USE THE SERVICES.  

IF YOU ARE LOCATED IN CUBA, SYRIA, IRAN, NORTH KOREA, BELARUS, OR RUSSIA, YOU MAY NOT USE THE SERVICES. MORE GENERALLY, WE RESERVE THE RIGHT TO RESTRICT ACCESS TO THE SERVICES BASED ON A USER’S GEOGRAPHIC LOCATION, IN OUR SOLE DISCRETION.

ONE PLAYER ACCOUNT MAY BE SET UP PER PERSON BUT THERE CAN BE MULTIPLE APPS INSTALLED PER DEVICE. THERE IS A MAXIMUM OF 4 ACCOUNTS PER HOUSEHOLD. 

You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree to keep your information accurate and up to date. You agree that you shall not have more than one Account per platform or social networking service at any given time. 

If we have reason to believe you are actively using more than one account or we find inconsistencies within an account we may ask for Valid ID to verify the information provided is true and accurate. 

If you do not have your location services active and we cannot confirm your location within our service area, you risk having your account disabled or terminated. Any use of software designed to mask, hide, change, spoof, or in any way redirect identity or location will result in the termination of your Account.

You are required to create an Account and become a Registered User to use the Software to have access to all the features of the Software. A “Registered User” is an end user of the Software who has registered an Account on the Software, including through a valid account on a social network, such as Facebook. 

Please note we do not allow the use of Voice over Internet Protocol services or Text type phone services. Any phone number you provide must be an actual cell phone number on a valid cell phone carrier that allow SMS messaging.  

YOU ARE RESPONSIBLE FOR EVERYTHING THAT OCCURS UNDER YOUR ACCOUNT.

Accordingly, you agree to monitor your Account, including without limitation to restrict use by minors, You accept full responsibility for any unauthorized use of your Account, including without limitation by minors. You may not share your Account or password with anyone, and you agree to (a) notify Influence Mobile immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. 

Termination of Your Account

You acknowledge and agree that Influence Mobile has the right, at any time, to suspend or terminate your Account for any reason, in Influence Mobile’s sole reasonable discretion, with or without notice to you. Without limiting the foregoing, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:

  • a. you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms);
  • b. we are required to do so by law (for example, where the provision of our Services to you is, or becomes, unlawful);
  • c. the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; 
  • d. you have contacted us in a way or have made comments in order to defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive, profane, or objectionable; 
  • e. you participate in a group (online or otherwise) that defrauds or attempts to defraud Influence Mobile (as determined by Influence Mobile in its sole discretion) in any way, including, without limitation, the sharing of ideas designed to cheat and exploit any Rewards Program or Activity; 
  • f. the provision of the Services to you is, in our opinion, no longer commercially viable;
  • g. we believe you have provided us or one of our service providers with fraudulent payment card information.

Upon uninstall, there may be data files or other information left on your computer and/or device. Due to the nature of the browser add-on uninstall process, we are unable to remove these files.

User Conduct

You also agree that you will not engage in any activity that interferes with or disrupts the Software or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU or mobile device (or any other device) to gain distinct advantage on any of our programs. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, decompile, copy, sell, trade or resell the Services for any purpose. 

You further agree not to: 

  • post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
  • post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on any public site on the web;
  • access our Services using a VPN, cloud type service, or any other software that disguises your location;
  • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
  • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or the access to or functionality of the Software;
  • violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • attempt to obtain passwords or other private information from other users
  • improperly use support channels or complaint buttons to make false reports to Influence Mobile;
  • use, develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, “cheat utility” software program or any other cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Software or Services, including any cheats or exploits designed to artificially and/or fraudulently generate points;
  • attempt to gain unauthorized access to the Software or Services, accounts registered to others, or to the computers, servers or networks connected to the Software and Services by any means other than the user interface provided by Influence Mobile, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Software or Services; or
  • exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.

Use of the Software

You agree to use the Software only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your performance of all of the provisions of these Terms of Use, Influence Mobile hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Software and the other Services solely as provided herein. 

You may download material displayed on the Software for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Software for public or commercial purposes, including the text, images, audio, and video without Influence Mobile’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Influence Mobile. Your right to use the Software is not transferable. You acquire no rights or licenses in or to the Software and materials contained therein other than the limited right to access and utilize the Software in accordance with these Terms of Use.

You may not modify, translate, reverse engineer, decompile or otherwise disassemble the Software in any way. You may not create derivative works of the Software, and you agree not to attempt, or allow others to attempt, to reverse engineer or modify the Software. You may not use the software to create or develop a competitive product or service. Any modifications, enhancements and derivative works of the Software shall remain our sole and exclusive property. You further agree not to access or attempt to access the Software by any means other than the interface we provide to you. You may not rent, lease, or use the Software or any portion thereof for timesharing or service bureau purposes, or otherwise use or allow the use of the Software or any portion thereof for any commercial purpose or on behalf of any third party. You may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet or other publicly-available forum.

We may update the Software on your computer and/or device when a new version is released or when new features are added or offered. These updates may occur automatically without notice to you. You hereby authorize Influence Mobile to receive communications from your device and to automatically update the Software as described above. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software. You agree not to remove or alter our or any third party’s trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software.  

We do not provide telephone assistance with respect to the Software or any other support or maintenance of any kind.

Third-Party Access

If you are accessing the Software via any of our applications available via third parties (collectively “Third Party Outlets”), including without limitation Apple, Inc.’s “App Store,” and/or Google, Inc.’s “Google Play” store you and Influence Mobile acknowledge and agree that these Terms of Use are entered into by and between you and Influence Mobile, and that none of the Third Party Outlets are party to these Terms of Use. The Third Party Outlets are not sponsor to, nor in any way affiliated with, any of Influence Mobile Promotions (defined below), nor any of the services, applications, activities or features offered or provided by Influence Mobile, nor do they sponsor any prize redemptions.

User Representations and Warranties

Without limiting any of your other obligations in these Terms of Use, you represent and warrant that you are the owner of the device onto which you have downloaded and installed the Software, or the owner of the device has authorized you to do so. You agree not to use the Software to conduct any business or activity or solicit the performance of any activity that violates a law or regulation or otherwise use the Software in any manner that might violate the third party rights (including in intellectual property and privacy rights) of any person or entity. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software.

By using the Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Services only as set forth in these Terms of Use; and (iv) are sixteen years of age or older. 

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. If you download the app from any source other than Apple’s “App Store,” Google, Inc’s “Google Play”, or another app store specifically approved by Influence Mobile, or if you otherwise use any version of our App that is not approved by Influence Mobile, your account will be terminated. You agree to use only the most current version of the Software.  If Influence Mobile, in its sole discretion, deems your app to be outdated your Account will be terminated.  You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Sweepstakes, Contests and Promotions

Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the Software may be governed by Additional Terms which may set out eligibility requirements, including without limitation our Official Sweepstakes Rules.  

Rewards Programs

Overview. Influence Mobile may offer reward programs under which you have the opportunity to earn points that are redeemable for rewards (“Rewards Programs”). Not all of the Software offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (singularly “Activity” and collectively “Activities”). Influence Mobile may limit your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, including (without limitation) if you do not comply with these Terms of Use. You agree to abide by the final and binding decisions of Influence Mobile regarding a Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without notice, and for a duration to be determined in our sole and absolute discretion, including (without limitation) indefinite suspension or cancellation.

Earning Points. Points can be earned in a Rewards Program by participating in certain Activities, as described within the relevant area of the applicable Software. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity.  There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request receipts of completed purchases prior to or after the awarding of points in order to verify with the applicable merchant that such purchases are valid. Influence Mobile will only reward points on purchases which we can verify and are paid a commission.  

Some of the limitations on Activities and rewards include, without limitation, our right to change or limit: (1) your ability to participate in certain Activities or the Rewards Program itself; (2) the allowable frequency of Activities; (3) the number of points you can earn for a given Activity; (4) the number of points you can earn during a given time period; or (5) the Activities or rewards available, or the number of points required for a particular reward.

Redeeming Points. Points earned are only redeemable within the Rewards Program in which they were earned, and only in the manner(s) made available to you in the App (e.g., by redeeming points for a gift card). Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. The only way to use points is to redeem them for Rewards Program rewards through the Rewards Tab in the related Software. Influence Mobile is not responsible for the legality of the reward in the location which you choose to have the reward shipped.  You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the reward. Some rewards may have eligibility requirements and Influence Mobile reserves the right to verify your eligibility qualifications prior to fulfilling any reward.

Inactive Accounts. Accounts that have not been logged into for sixty days or more are deemed inactive and points/rewards earned in these accounts are null and void with the exception of points created by the approved use of a paid point booster.  After six months inactive, the points earned with a paid point booster will be converted into a gift card of Influence Mobile’s choosing and the account will be closed.  Only points created by the approved use of the paid point booster will be awarded any monetary value.  This value will be determined by Influence Mobile’s current redemption metric at the time of the account closure and is not a guaranteed value.  Points created by the use of a paid point booster by fraudulent or automated means (including, without limitation, use of scripts, web-crawlers, bots, or unconfirmed/non-commissioned purchases) will have no value and are not eligible for any award/reward regardless of the means used to accrue the points.  Points/Rewards are non transferable and are void if a transfer is attempted.  Points and/or rewards may not be bartered or sold. Points and/or the accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Tax Matters. You are completely and solely responsible for any and all tax liability arising from or associated with your use of the Services, including liability arising from your accrual of points, rewards, winning of Sweepstakes, or your redemption of points for gift cards or other items. As a condition of your continued use of the Software, we may require you to provide necessary tax information if our records show that you are required to report your earnings to the appropriate regulatory entity. 

Intellectual Property

You acknowledge and agree that the Software constitutes valuable intellectual property and trade secrets of Influence Mobile and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Software are likewise the property of Influence Mobile or third parties and cannot be used without the written permission of Influence Mobile or the third party that owns the Marks. You are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Services for commercial or public purposes. 

Without limiting the foregoing, nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Influence Mobile or any third party. Influence Mobile exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Software and related to the Software and all modifications and derivative works thereof, and all intellectual property rights related thereto.

Reporting Copyright Infringement – DMCA Policy

If you believe that any content, user-posted materials, or any other material found on or through the Services, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:

1)  Written notices must be sent either:

  1. electronically sent to [email protected] with subject line “DMCA Takedown Request”. Emails sent to [email protected] for purposes other than communication about copyright infringement may not be answered; or
  2. via courier (with a confirmed receipt requested) to: Influence Mobile, 1916 Pike Place, Suite 12 #1363, Seattle, WA 98101; Attention: Copyright Agent

2)  Each written notification must contain the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Software that is reasonably sufficient to enable us to identify and locate the material (for example, a list of URLs);
  4. your physical mailing address, telephone number and email address;
  5. a statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.

We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.

Violations

If Influence Mobile becomes aware of any possible violations by you of the Terms of Use, Influence Mobile reserves the right to investigate such violations. If, as a result of the investigation, Influence Mobile believes that criminal activity has occurred, Influence Mobile reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. 

Any Accounts that are disabled or terminated shall be deemed null and void and any and all information relating to such Account(s) shall revert to or become the sole property of Influence Mobile, including but not limited to any virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law. 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND UNLESS RESTRICTED OR PROHIBITED BY LAW, INFLUENCE MOBILE, ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL GUARANTEES, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, THE SOFTWARE AND YOUR USE THEREOF INCLUDING IMPLIED GUARANTEES OR WARRANTIES OF TITLE, MERCHANTABILITY OR ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ACCURACY, SECURITY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. 

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, INFLUENCE MOBILE AND ITS LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY SITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

ANY LIABILITY INFLUENCE MOBILE MAY HAVE TO YOU UNDER ANY GUARANTEES OR WARRANTIES WHICH BY LAW CANNOT BE EXCLUDED IS LIMITED, WHERE INFLUENCE MOBILE IS EXPRESSLY PERMITTED BY STATUTE TO LIMIT YOUR REMEDY FOR A BREACH OF THAT GUARANTEE OR WARRANTY, TO SUPPLYING OR PAYING THE COST OF SUPPLYING, THE GOODS (OR EQUIVALENT GOODS) OR SERVICES AGAIN OR REPAIRING OR PAYING THE COST OF REPAIRING, THE GOODS, AT INFLUENCE MOBILE’S SOLE OPTION.

FIGG AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND UNLESS RESTRICTED OR PROHIBITED BY LAW, IN NO EVENT WILL INFLUENCE MOBILE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) OR ANY OF THEIR DIRECTORS, MANAGERS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR (1) ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SOFTWARE, THE SERVICES OR OTHER MATERIALS OR CONTENT ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, OR (2) ANY AMOUNT IN EXCESS OF TEN THOUSAND DOLLARS, $10,000, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INFLUENCE MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INFLUENCE MOBILE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INFLUENCE MOBILE WILL NOT BE LIABLE FOR THE TERMINATION OF THE REWARDS PROGRAMS ON ANY ACCOUNT WHATSOEVER INCLUDING (WITHOUT LIMITATION) ANY AWARDS, POINTS, PRIZES OR CREDITS IN A MEMBER’S FAVOR AT THE TIME OF TERMINATION. SOMETIMES WHEN YOU USE OUR SERVICES, YOU MAY USE A SERVICE OR DOWNLOAD A PIECE OF SOFTWARE, OR PURCHASE GOODS, PROVIDED BY ANOTHER PERSON OR COMPANY. YOUR USE OF THESE OTHER SERVICES, SOFTWARE OR GOODS MAY BE SUBJECT TO SEPARATE TERMS BETWEEN YOU AND THE COMPANY OR PERSON CONCERNED. IF SO, THESE TERMS DO NOT AFFECT YOUR LEGAL RELATIONSHIP WITH THESE OTHER COMPANIES OR INDIVIDUALS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE LOSS OF ANY POINTS, PRIZES, AWARDS OR CREDITS, REGARDLESS OF MONETARY VALUE, IN THE EVENT THERE IS ANY CHANGE IN THE VALUE OF EACH POINT OR REWARD (AS DETERMINED IN COMPANY’S SOLE DISCRETION), DATA OR SERVER ERROR, COMPUTER AND/OR NETWORK SYSTEM ERROR OR FAILURE, CRIMINAL ACT, VANDALISM, CYBER ATTACK, OR ANY OTHER EVENTS, INCLUDING, BUT NOT LIMITED, TO THOSE WHICH MAKE IT COMMERCIALLY UNREASONABLE FOR US TO DETERMINE THE VALUE OF ANY ACCOUNT OR ACCOUNTS.

Indemnification

You agree to indemnify and hold Influence Mobile, and each of its directors, managers, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Software and the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your violation of any applicable law or regulation; (v) any claim that one of your user submissions caused damage to a third party; (vi) any tax consequences related to your use of the Software; (vii) any content you post or share on or through the Service; and/or (viii) your negligent acts or omissions or willful misconduct.

Arbitration Agreement

Please read this Arbitration Agreement carefully.  It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION.   

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use, including any applicable Additional Terms, or the use of any product or service provided by Influence Mobile that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  This Arbitration Agreement applies to you and Influence Mobile, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.

Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to Influence Mobile should be sent to: Influence Mobile, 1916 Pike Place, Suite 12 #1363, Seattle, WA 98101.  After the Notice is received, you and Influence Mobile shall attempt to resolve the claim or dispute informally.  If you and Influence Mobile do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may  be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  The prevailing party in any arbitration shall be entitled to attorney’s fees.

Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Influence Mobile, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and Influence Mobile.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Consumer Laws

Despite any other provision of these Terms of Use, if any legislation affects your rights under these Terms of Use (a “Consumer Law”), then to the extent that any term or provision contained in these Terms of Use becomes void or unenforceable for any reason; or would be unfair under the applicable consumer law if applied or relied upon in a particular way, that term or provision will be severed such that all remaining terms and provisions of these Terms of Use will continue to be in full force and effect and be unaffected by the severance of any other term or provision. No provision of these Terms of Use limits, excludes or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any Consumer Law which cannot lawfully be excluded, limited or modified.

International Users

Influence Mobile makes no representation that materials on the Software are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Software are illegal is prohibited. You may not use the Software or export the content or products in violation of U.S. export laws and regulations. If you access Software from a location outside of the United States, you are responsible for compliance with all local laws.

Export Controls

Software downloaded from Influence Mobile is further subject to United States Export Controls. No software from Influence Mobile may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Russia, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

No Waiver

Influence Mobile’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.  This agreement constitutes the final, complete, and exclusive agreement between the parties regarding the Software and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

Miscellaneous

If any term or provision of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms of Use. The remaining terms or provisions of these Terms of Use shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms of Use.

The headings contained in these Terms of Use are for reference only and shall have no effect on the interpretation and/or application of these Terms of Use. Our failure to enforce a breach by you of these Terms of Use shall not waive or release you from such breach and shall not waive, release, or prevent us from enforcing any subsequent breach by you of these Terms of Use. 

Either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under the above Arbitration Agreement. In any circumstances where the Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within King County, Washington, for such purpose. 

The Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of Washington, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.