Snap It Go, LL., doing business as SnapItGo ("we" or " SnapItGo " or "Company"), provides a mobile payment, ordering, and customer rewards platform and related services ("Services" or "SnapItGo Services"), and provides and/or enables related mobile applications, software applications, websites, and microsites ("Apps" or " SnapItGo Apps"), for use by you ("User") to make payments for goods and/or services to SnapItGo and participate in merchant incentive and rewards programs ("Programs") at physical and/or online points-of-sale ("POS"), among other available functions. SnapItGo provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions ("User Terms" or "Agreement").
By accessing, downloading, copying, and/or using a SnapItGo App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SNAPITGO, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
In order to use a SnapItGo App to initiate transactions and/or engage in any merchant reward Campaigns, you must first register with SnapItGo and create a SnapItGo User Account, and associate a valid debit and/or credit card. Your registration and use of a SnapItGo User Account is subject to these User Terms.
By registering for a SnapItGo User Account you agree SnapItGo, that:
1.All information provided to SnapItGo is accurate, current and complete, and that you will maintain and update such information as it changes;
2.You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;
3.You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The SnapItGo platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13;
4.You do not and have never used or maintained any other SnapItGo User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,
5.Your registration and your use of SnapItGo and any SnapItGo App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.
Your registration and your User Account, including any User Credit, Gift Card Credit, or Merchant Credit associated with such User Account, and your rights under this Agreement, are personal to you and are not transferable by you to any party.
Payment Methods. SnapItGo enables you to make card-based purchases from SnapItGo of goods provided by third-party merchants by linking to your SnapItGo User Account a debit, credit, and/or prepaid credit card issued in the United States bearing the trademarks of MasterCard International Inc. and Visa Inc. (the "Networks"), as well as American Express and Discover ("payment instrument"). Your User Account is not a bank account. SnapItGo is not a bank, and does not offer banking or money service business ("MSB") services as those terms are defined by the United States Department of Treasury. SnapItGo does not offer money transmission services.By linking a payment instrument to your User Account, you represent to SnapItGo that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your SnapItGo account is at all times current, non-expired, and valid for payments.
Primary and Secondary Payment Instruments. By linking a payment instrument to your User Account, you represent to SnapItGo that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your SnapItGo account is at all times current, non-expired, and valid for payments.
Test Authorizations. By associating a payment instrument with your SnapItGo User Account, you consent to SnapItGo's temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.
Termination of User Account. SnapItGo reserves the right to reject, suspend, or terminate your registration and/or use of a SnapItGo User Account, and/or your access to the SnapItGo Services, in the event that you breach any of the SnapItGo User Terms or any of the representations and warranties made herein, as determined in SnapItGo's sole discretion.
Limited License. SnapItGo grants you a limited, non-exclusive, non-transferable license, to access, view, download, install, and use this SnapItGo App(s), and/or any SnapItGo website content, for the purpose of using the SnapItGo Services, including the initiation of orders and/or payment for goods and/or services and for participating in merchant reward Programs. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the SnapItGo Apps, Services or SnapItGo Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the SnapItGo Property. You may not collect and use the product listing, pictures, or descriptions within the SnapItGo Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of SnapItGo and its licensors.
No Rights to SnapItGo Property. The SnapItGo App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the SnapItGo website or Apps, or otherwise used by SnapItGo to deliver the SnapItGo Services (collectively, the "SnapItGo Property"), is the sole property of SnapItGo and/or of third parties provided under license to SnapItGo. SnapItGo reserves all rights in the SnapItGo Property, including without limitation copyright, trademark, patent, and trade secret rights.
Trademarks. The marks "SnapItGo", the SnapItGo logo, among other marks, and the SnapItGo scanner, are registered or unregistered trademarks of SnapItGo and may not be used in connection with any service or products other than those provided by SnapItGo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SnapItGo. The SnapItGo platform and Apps, also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners.
Patents. The systems and methods used by SnapItGo to provide the SnapItGo Services are protected by pending patent applications, and no rights are hereby granted to such patents or applications.
No Illegal Uses. The SnapItGo Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person.
Authorization for SnapItGo to Charge Payment Instrument . By linking a payment instrument to your SnapItGo User Account, including by tapping the "CHARGE" authorization button within a SnapItGo App, and using an App to initiate a purchase of good and/or services by a registered merchant, you authorize SnapItGo to charge your linked payment instrument as necessary to complete payment to SnapItGo or registered merchant for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase.
In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your SnapItGo User Account, you also authorize a credit to your payment instrument by SnapItGo to accomplish that transaction.
All purchases, orders, and charges authorized using an App and/or the SnapItGo Services are also subject to the terms and conditions set forth by the entities that issue your payment instrument. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.
There is no limit on the frequency of transactions you may make using your SnapItGo User Account.
Monthly Recurring Billing. By using the Service, you authorize SnapItGo to make a monthly service charge.
Prohibited Transactions. The SnapItGo Service may be used only for the bona fide purchase and exchange, through SnapItGo, of goods and/or services offered in the ordinary course of a SnapItGo merchant's business, and may not be used to process a payment or otherwise transfer money between two parties. The SnapItGo Service may not be used for transactions in which you request cash back from the merchant. The SnapItGo Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. SnapItGo reserves the right to decline any attempted transaction if it appears that any of these User Terms have been violated.
Debit/Credit Card Statements. SnapItGo charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution as "SnapItGo*" followed by an identifier related to the location of the transaction initiation, the third-party provider of the ordered goods, or as an identifier communicated to you to reference a grouping of multiple individual SnapItGo transactions. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for SnapItGo, in its discretion, to cancel your User Account, and seek any other remedies available to SnapItGo.
Transaction Receipts. SnapItGo will provide you with an electronic transaction receipt, through a message within the SnapItGo App and/or by email to the email address provided by you, following each SnapItGo transaction initiated using a SnapItGo App. The receipt will include the date, location, and amount of the transaction, as well as the identity of the SnapItGo merchant at which the transaction occurred. Your transaction history may also be viewed within a SnapItGo App or by logging into the SnapItGo website at SnapItGo.com.
Pre-Loaded Funds. The amount of pre-loaded funds authorized by you will be issued as a digital Gift Card pursuant to the terms of Section 9 and/or 10 of these User Terms and charged to your linked payment instrument by SnapItGo in accordance with this Section 4 at the time of your election. Future SnapItGo transactions will be deducted from your Gift Card balance. Your remaining Gift Card balance will be available within the SnapItGo App and/or by contacting SnapItGo Support.
Your electronic acknowledgement of this Agreement, and any other agreements and documents, has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if SnapItGo had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you.
In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an Internet connection; (ii) a current web browser that includes 128-bit encryption, and has cookies enabled; (iii) a valid email address associated with your User Account (if you use a spam filter that blocks or re- routes emails from senders not listed in your email address book, you agree to white-list all emails from the @SnapItGo.com domain to your email address book); and (iv) sufficient storage space to save past Disclosures and/or an installed printer to print them.
You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date of the Disclosure or receipt. SnapItGo will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by sending a written request to Support Team, email@example.com . We will provide a replacement copy of your receipt within ten (10) business days. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. SnapItGo reserves the right to terminate your SnapItGo User Account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically by logging into a SnapItGo App or to the SnapItGo website.
If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify SnapItGo immediately, including by clicking on a link included in the email transaction receipt, thereby flagging the transaction, or by contacting SnapItGo directly (24/7) at:
SnapItGo Support Team
Lost Devices. In the event that you lose any mobile device on which a SnapItGo App linked to your User Account is installed, or otherwise learn that your User Account password is compromised ("Lost Device"), you shall notify SnapItGo immediately by contacting firstname.lastname@example.org OR SnapItGo Support Team.
SnapItGo Security; Reporting Requirements. SnapItGo implements a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges using your SnapItGo User Account, including an User Passcode lock feature. Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your User Account. There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity:
1. If SnapItGo confirms that a transaction(s) reported by you was an unauthorized or fraudulent use of your User Account, and if: (i) the first such unauthorized transaction was reported to SnapItGo within two (2) business days of a transaction receipt; or (ii) in the case of a Lost Device, the Lost Device was reported within two (2) business days of the loss; SnapItGo will reimburse you for the amount of any fraudulent or unauthorized transactions charged to your payment instrument.
2. If you fail to notify SnapItGo of a fraudulent or unauthorized transaction using your SnapItGo User Account within two (2) business days of a transaction receipt, or in the case of a Lost Device, within two (2) business days of the Lost Device, you will be responsible for the fraudulent or unauthorized charges in an amount limited to the lesser of: (i) $500; OR (ii) the sum of either $50 or the amount of the fraudulent use during the initial two (2) days (whichever is less), AND the sum of all fraudulent or unauthorized activity after the initial two (2) days prior to your notification to SnapItGo.
3. If you fail to notify SnapItGo of a fraudulent or unauthorized transaction using your User Account within sixty (60) business days of a transaction receipt, or in the case of a Lost Device, within sixty (60) business days of the Lost Device, you will be responsible for all fraudulent or unauthorized charges after the sixty (60) day period.
4. In the event that the state in which you established your User Account provides for lower limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
5. You are solely responsible for any Gift Card Credit associated with your SnapItGo User Account, and SnapItGo is not responsible for the loss of Gift Card Credit associated with fraudulent use of your User Account.
Issuing Institutions. To the extent that the security of your payment instrument(s) is compromised in an event having no relation to the SnapItGo platform (for example, your wallet is stolen), and your payment instrument is linked to another User Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument. With respect to your card issuing institution, federal law provides that, should SnapItGo fail to resolve a dispute as to property or services purchased from SnapItGo, you may assert against your card issuing institution all claims (other than tort claims) and defenses arising out of the transaction and relating to the failure to resolve the dispute. You may withhold payment to your issuing institution up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount.
User Fraud. If SnapItGo determines that you have engaged in any fraudulent use of the SnapItGo Services, or use in violation of these User Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, SnapItGo shall impose a fee of one hundred ($100.00) dollars for each investigation by SnapItGo that results in a confirmation of such violation of these User Terms. By registering for a SnapItGo User Account, you agree to all additional fees and penalties that SnapItGo may impose in the event SnapItGo deems your use of the SnapItGo platform to be in breach of these User Terms, including without limitation the immediate termination of your SnapItGo User Account.
When initiating a SnapItGo transaction at a SnapItGo merchant POS, or initiating online orders from participating SnapItGo merchants, you participate automatically in any promotional campaigns offered by SnapItGo's merchant partners, and/or third-party partners, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. ("Programs"), and earn automatically any merchant-offered rewards, incentives, or discounts ("Merchant Credit") and/or third-party-offered incentives, rewards, or discounts ("User Credit") associated with your transaction. SnapItGo will also automatically redeem any Merchant or User Credit previously awarded at the time of purchase at the participating merchant's POS, or at the time of mobile order completion, in accordance with the terms of such Program. Merchant or User Credit applied to the purchase will be deducted from the transaction amount charged by SnapItGo as part of the authorized charge to the payment instrument(s) associated with your User Account.
Promotional Programs, and Merchant or User Credit associated with such Programs, are offered by the merchant or funding third party alone (and not by SnapItGo) and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or User Credit, and compliance with such rules. Any complaints concerning any merchant's or third party's failure to award or redeem Merchant or User Credit according to any Program may be sent to SnapItGo at: email@example.com . While SnapItGo may, in its discretion, attempt to resolve any complaints concerning a person's failure to award or redeem Merchant or User Credit, SnapItGo is not responsible for such person's failure to award or redeem Credit for any reason.
The third-party merchant providers of goods and services available for purchase through the use of the SnapItGo Services shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Program, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Program at any time. SnapItGo also reserves the right to terminate a merchant's Program at any time.
Merchant or User Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or User Credit. If a Program is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or User Credit will expire immediately.
Redemption or application of Merchant or User Credit for alcoholic beverages is at the sole discretion of the merchant, and is subject to (and may be limited by) merchant's compliance with applicable federal, state, and local laws and regulations. Merchants may refuse to apply Merchant or User Credit to delivery, processing or handling fees, or taxes or gratuities.
SnapItGo enables users to transact with SnapItGo and to initiate mobile orders for goods and services for pickup by you at third-party merchant providers. SnapItGo provides information and technology to facilitate your order and your purchase from SnapItGo. SnapItGo's mobile ordering Services do not imply any relationship to the third-party provider of the goods ordered. Providers accessible through the SnapItGo Services operate independently and may not have any agreement with us. All merchant names and trademarks appearing within the SnapItGo Apps are the property of their respective owners and do not imply any endorsement of SnapItGo or the SnapItGo Services. SnapItGo does not warrant the completeness or accuracy of any information, including menu information or product descriptions, obtained from third parties and displayed within the SnapItGo Services. Merchant rewards offered by third-parties through channels, programs, or apps not integrated to the SnapItGo platform will not be available when using the SnapItGo Services for purchasing and mobile ordering.
SnapItGo may charge a convenience fee in connection with a SnapItGo transaction utilizing SnapItGo's mobile ordering services. This fee will be displayed in the App and in your email receipt.
Payment Instrument Security. SnapItGo is 100% compliant with the Payment Card Industry Data Security Standards ("PCI- DSS"). SnapItGo will never share your payment instrument information with any person other than as necessary to process the payments you authorize. All data sent to SnapItGo's servers is encrypted and our servers are protected by industry standard measures. If you have any further questions about SnapItGo's security measures contact support at firstname.lastname@example.org.
No Access to Financial Information. SnapItGo Apps, and any software applications or websites that you may authorize to access your User Account, are not able, or authorized, to capture or store your financial account information provided to SnapItGo, or details of your linked payment instruments, including on your mobile device, without your expressly granted permission. You should never be asked by any merchant to disclose your financial account information, or your payment instrument information, or to provide any other sensitive information such as your Social Security number, in connection with any SnapItGo transaction. If you are asked for such information, you should report the incident to SnapItGo immediately.
Grant of Additional Permissions. When you connect to the SnapItGo platform via the use of a third-party website or software application, you will be asked to grant certain specified permissions to the provider of such third-party website or software, including for example to access your User Account, create orders for your account, and read your transaction history. SnapItGo App providers may also request new or additional permissions from you in the future. Such parties may condition the download, and/or continued use of a website, software application, or SnapItGo App upon your grant of certain additional specified permissions. The decision to grant such permissions is in the sole discretion and responsibility of the User. You understand and agree that Apps, software applications, and websites provided by third parties that request access to your User Account are not controlled by SnapItGo. You should investigate diligently any party requesting permissions in your User Account before agreeing to grant such access. The permissions granted by you to any App provider, or any third-party software or website provider, may be transferred to any other entity without your approval.
Revocation or Permissions. You may revoke permissions granted to a SnapItGo App or any software application or website at any time by logging in to the SnapItGo website at www.snapitgo.com.
User Ideas. SnapItGo is pleased to hear from you and welcomes your comments about the SnapItGo platform. If you submit ideas or suggestions for the SnapItGo platform ("Comments"), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of SnapItGo, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of SnapItGo, and SnapItGo will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, SnapItGo will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
SnapItGo complies with the provisions of the Digital Millennium Copyright Act ("DMCA"). If you believe that any material contained in a SnapItGo App or on a SnapItGo website infringes a copyright that you control, you may contact our Designated Agent with a notification of such infringement at the following email address:
SnapItGo Support Team
SnapItGo requests that any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights include the following information (17 U.S.C. 512(c)(3)): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right allegedly infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which SnapItGo may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
Termination by User. You may terminate this Agreement at any time by closing your SnapItGo User Account and ceasing to use the SnapItGo Services, and all SnapItGo Apps.
Termination by SnapItGo. SnapItGo reserves the right to suspend or terminate your User Account and/or your access to the SnapItGo Services at any time, without notice to you, if it believes, in its sole and absolute discretion, that you are in breach of this Agreement, or if it believes that you are using the SnapItGo Services or any SnapItGo App in a manner harmful to SnapItGo, its merchants, users, or any other third party. Any such termination, suspension, or modification will terminate any Merchant or User Credit that you rightfully earned prior to termination.
Modification of Services and Terms. SnapItGo reserves the right to modify the Services and SnapItGo Apps, any features or aspects of the Services or Apps at any time, without notice to you. SnapItGo may also from time to time amend, update, or change these User Terms. If SnapItGo does so, it will notify you by posting the amended terms on our website. You are under a continuing obligation to review the current version of these User Terms and other published SnapItGo policies when using the SnapItGo Apps and/or Services. You agree that your continued use of your SnapItGo User Account, the SnapItGo Services, or the SnapItGo Apps shall constitute your agreement to the User Terms as so amended. If you do not agree to the amended Terms, you must terminate your User Account and cease using the SnapItGo Services and SnapItGo Apps.
Obligations in the Event of Termination. If your SnapItGo User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the SnapItGo Services and all SnapItGo Apps, (c) that the license provided by SnapItGo under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the User Data stored by SnapItGo, and (e) that SnapItGo shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of SnapItGo or for termination of access to your SnapItGo User Account.
Sections 4, 8, 9, and 10-13, any accrued rights and remedies hereunder, including specifically SnapItGo's rights to retain and use User Data and complete any authorized transactions, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
The SnapItGo Services and SnapItGo Apps are provided on an "as-is" basis. SnapItGo does not warrant that the Services or SnapItGo Apps will operate error-free or without downtime. SnapItGo may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SnapItGo DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. SnapItGo DOES NOT WARRANT THAT THE SnapItGo SERVICES AND/OR ANY SnapItGo APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SnapItGo IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SnapItGo OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the SnapItGo Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with use of the SnapItGo Services.
SnapItGo is not responsible for the goods and services that you purchase using the SnapItGo Services or any SnapItGo App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant's personnel, policies, or processes. SnapItGo is also not responsible for any customer service related to your payment instrument(s).
Because we do not control the security of the Internet, or other networks you use to access the SnapItGo Services, SnapItGo is not responsible for the security of information that you choose to communicate with SnapItGo while it is being transmitted. SnapItGo is not responsible for any data lost during transmission.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SnapItGo, OR ANY OF SnapItGo'S MERCHANTS, PROCESSORS, SUPPLIERS, OR LICENSORS (OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SnapItGo SERVICES OR ANY SnapItGo APP, OR ANY LOYALTY CREDIT OFFERED OR AWARDED, OR ANY GOODS AND SERVICES PURCHASED WITH THE SnapItGo SERVICES OR ANY SnapItGo APP. SnapItGo SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SnapItGo SERVICES, YOUR SnapItGo USER ACCOUNT, ANY SnapItGo APP, OR THE INFORMATION CONTAINED THEREIN. SnapItGo SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SnapItGo SERVICES OR ANY GOODS OR SERVICES PURCHASED USING THE SERVICES.
THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF SnapItGo OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
With respect to any unauthorized, fraudulent transaction conducted using your User Account, absent any violation of these User Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your payment instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your SnapItGo User Account, and SnapItGo may condition its payment of any fraud or unauthorized use reimbursement upon your releasing SnapItGo from any further claims with respect thereto.
An action or proceeding relating to any claim arising out of the SnapItGo Services or any SnapItGo App must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued.
You hereby release, and agree to defend, indemnify and hold harmless SnapItGo against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with or relating to: (i) your improper or illegal use of the SnapItGo Service or any SnapItGo App; (ii) your breach of any provision of this Agreement; (iii) your violation of any federal, state, or local law or regulation; (iv) any goods and services purchased with the SnapItGo Service; (v) any act or omission of any merchant; and/or (vi) your participation in any merchant loyalty campaign or Loyalty Credit awarded or redeemed with the SnapItGo Services or any SnapItGo App ("Damages"). SnapItGo reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with SnapItGo with respect to such defense and settlement.
SnapItGo seeks reasonably to attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and SnapItGo, you agree that any disputes arising out of or relating to the SnapItGo Services, any SnapItGo App, or this Agreement (including, without limitation, the validity, applicability, or enforceability and scope of the agreement to arbitrate and any disputes with SnapItGo's third-party licensors or merchants) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in PHOENIX, AZ, unless the AAA or the arbitrator shall determine that venue in PHOENIX, AZ is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but SnapItGo does not hereby agree to any personal jurisdiction that is otherwise lacking.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST SnapItGo.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties.
This Agreement shall be governed by the laws of the State of Arizona without reference to principles of conflicts of laws.
No delay or omission by SnapItGo in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by SnapItGo of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
Except as provided in Sections 12 above, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
In no event shall SnapItGo be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside SnapItGo's reasonable control.
The provisions of this Agreement are entered into for the benefit of SnapItGo, its third party licensors, and the merchants and each of them shall have the right to enforce such provisions of this Agreement, including the arbitration clause, directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
SnapItGo reserves the right to change or add to these User Terms at any time. When we do so, we shall provide notice on our website by posting the updated User Terms. You agree that if you do not agree to any such amendment, you shall immediately terminate this agreement. Your failure to do so, or continued use of any SnapItGo App or Service, shall constitute agreement to User Terms as so amended.
In the event of a conflict between this Agreement and any other SnapItGo agreement or policy provided to you, directly or indirectly, this Agreement shall prevail on the subject matter of this Agreement.
Effective Date of these Terms of Service: July 1, 2016