Effective Date: August 5, 2016
Updates to Terms
Feecation.com reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. Feecation.com will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Services. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Services by terminating your membership in Feecation.com.
By accessing the Site or becoming a member of Feecation.com ("Member"), you consent to have this Agreement provided to you in electronic form.
You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us online or send a letter and self-addressed stamped envelope to: Clarus Commerce, LLC, 500 Enterprise Drive, 2nd Floor, Rocky Hill, CT 06067.
Registering as a Member
You do not have to be a Feecation Member to view benefits available through this Site, but only Members can access the Feecation features and Services. By registering and becoming a Member, you agree to provide (i) true, accurate, current, and complete information about yourself, as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or if you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Registration is not currently available to Iowa residents and non-US or Canada residents. Your First-Year Membership Term lasts for 12 months, beginning on the first day of your membership. If you have a trial membership, your First-Year Membership Term includes the trial period and ends one year from the date that your trial period ends. Subsequent Membership Years last for 12 months, beginning each year on the day your previous membership term ended, provided your membership fee payments remain up-to-date. There is a limit of one membership per household.
Membership, Subscriptions; Charges on Your Billing Account.
Clarus Commerce, the provider of Feecation, charges you for your access to the Service using the billing information you provide (your "Billing Account") at the time of enrollment. By enrolling in Feecation, you authorize Clarus Commerce to charge your Billing Account the fees then in effect for the Service. Clarus Commerce reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment, and to update your information from available third-party sources.
Access to the Service requires a subscription for membership and often consists of an initial period, where you can try the Services for free, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your membership subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. To change or cancel your membership at any time, go to Account Settings. Your membership will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional membership rate. If you cancel a monthly membership you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the monthly membership fee paid for the then-current membership period. If you cancel an annual membership you are eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period unless you have simply requested that your membership not be renewed in which case you may continue to access your membership benefits until the end of your current term. If you cancel your membership but want to become a member again, please contact CustomerService@Feecation.com for assistance. Your non-termination or continued use of the Service reaffirms that Feecation.com is authorized to charge your Payment Method. Feecation.com may submit those charges for payment and you will be responsible for such charges. FEECATION.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR MEMBERSHIP OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FEECATION.COM REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE MEMBER SERVICES SECTION OF THE WEBSITE.
Current Information Required
YOU MUST PROMPTLY NOTIFY FEECATION.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE MEMBER SERVICES SECTION OF THE WEBSITE. IF YOU FAIL TO PROVIDE FEECATION.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FEECATION.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR MEMBERSHIP FOR THE SERVICE.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Feecation.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Feecation.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Feecation.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Free Trials and Other Promotions
Any free trial or other promotion that provides membership access to the Service must be used within the specified time of the trial. You must cancel your membership before the end of the trial period in order to avoid being charged a membership fee.
How You Can Use the Services
This Site and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Feecation.com s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Feecation.com. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. At this time, the Services are only available to residents of the United States, its territories, and those consumers with APO/FPO addresses. Services not available to Iowa residents.
Use of the Service on Mobile Devices.
If you access or use the Service via a mobile device, for example, to take and transmit a picture of a receipt for the purpose of obtaining a rebate or refund, such transmission may be through a wireless network (WiFi) or phone carrier network that may not secure. As such, we can not guarantee that the content of such transmission will be free from interception, hacking or other unauthorized access. Accordingly, please use caution and discretion when using such devices, such as not transmitting sensitive personal, financial, or health information.
By submitting content to the Site, for instance, in the form of a testimonial ("User Content"), you grant to Feecation.com and its licensees and successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the Use Content without your prior approval or the payment of any compensation.
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Feecation.com or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Feecation.com owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. Feecation.com and its logos are trademarks of Clarus Commerce, LLC, and are protected by state and federal laws. All other trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including Feecation.com and its marketing partners. Users are prohibited from using any Marks without the written permission of Feecation.com or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Feecation.com's prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted
Except for allowing you to use the Site and Services for your personal use as set forth in the paragraph above, when you use the Site or Services, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Feecation.com. You understand that you have no rights to the Services or any other Feecation.com property except as we indicate in these Terms.
You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join Feecation.com and to use the Services.
Communications from Feecation.com
You may be able to access other websites or resources through links on the Site. Because Feecation.com has no control over such sites and resources, you acknowledge and agree Feecation.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Feecation.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Feecation.com, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Services and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Services. To the extent permitted under applicable laws, you hereby release Feecation.com from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchants failure to comply with applicable law and/or failure to abide by the Services Terms and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "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."
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT FEECATION.COM MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT FEECATION.COM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, FEECATION.COM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. FEECATION.COM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL FEECATION BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FEECATION.COM OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF FEECATION.COM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FEECATIONS LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN FEECATION.COMS AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
We can suspend or terminate your Membership in Feecation.com and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at Feecation.com's sole discretion, you fail to comply with any of the Terms or Service Terms. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.
Access to Services
You understand and agree that your membership in Feecation.com is subject to and conditioned upon the following: Your continued adherence to these Terms and any future modifications thereto and compliance with the Service Terms. Your violation of these Terms or any other agreement between you and Feecation.com constitutes grounds for immediate termination of your membership without further notice at our sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Feecation.com community. Termination of your Membership will result in cancellation of all rights of access and use of Services granted to Members and cancelled Members may be denied access to Services or re-enrollment as Members. Feecation.com reserves the right to change, discontinue or suspend Feecation.com or any of the Services at any time for any reason. Members may terminate their Membership at any time by sending their request to us, using the "Contact Us" button on any page of the Site, or by calling the Customer Service Department Toll-Free at 1-888-401-6345. Feecation.com shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or Service Terms. Any decision Feecation.com makes relating to termination or suspension of any Member's account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Services, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.
Conditions of Service
Your use of the benefits available through your membership and the Services are also governed by the terms of Service which is incorporated herein by reference. In the event of any conflict in these Terms and the Service Terms, these Terms will control.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
These Terms and policies incorporated herein, are the entire agreement between you and Feecation.com. They supersede any and all prior or contemporaneous agreements between you and Feecation.com relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Feecation.com to partially or fully exercise any rights or the waiver of Feecation.com of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Feecation.com or be deemed a waiver by Feecation.com of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Feecation.com under these Terms and any other applicable agreement between you and Feecation.com shall be cumulative, and the exercise of any such right or remedy shall not limit Feecation.com's right to exercise any other right or remedy.
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