END-USER LICENSE AGREEMENT
By downloading and installing the Piggy Cash Back App, you agree to be legally bound by this following End User License Agreement (this "EULA"). As used in this EULA, the "Piggy Cash Back App" or "Software" means the Cash Back App software designed to work with the Internet web browser installed on your computer, including any updates, revisions, patches or other modifications from time to time to this software. Piggy reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. Piggy may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes. Any reference to "we", "our", "us" or the like in this EULA refers collectively to CoFundraising LLC, d/b/a Piggy , "You", "your" or the like refers to you, the end user of the Piggy Cash Back App.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
YOU MAY NOT USE THE BROWSER APP FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS EULA. YOUR ACCESS TO THE BROWSER APP MAY BE TERMINATED IMMEDIATELY IN JOINPIGGY.COM’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS EULA AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
When you visit a website, whether typing in the URL or clicking a link (including from a search engine results page), the Cash Back Browser App recognizes whether the URL is that of an Affiliate Store, and, if so, may redirect you through the affiliate network site to the Affiliate Store's website, at which time, a tracking cookie will be placed in your browser. This cookie is the tracking mechanism that will follow your transaction with the Affiliate Store, to allow for credit of Cash Back Rewards.
The Cash Back Browser App may notify you via an alert or slider on the Cash Back Browser App if there are coupons, discounts or special deals available at the Site. If you click on an alert, you will be taken to the Site, and if you outclick from the Site to the Affiliate Store, you will be credited with the percentage Cash Back Reward identified on the Site for any purchase you make during that session. If a slider appears, you must click on the slider as instructed to be credited with the full percentage Cash Back Reward identified on the Site for your purchase at the Affiliate Store site. (In some cases, this is when the cookie drop occurs.) If you do not click the slider or click through to the Affiliate Store through the Site from the alert, you may not have any Cash Back Rewards credited to your Member account from any purchase you make at the Affiliate Store, or it may be less than the full percentage otherwise offered by going through the Site or slider. All Cash Back Rewards offered through the Cash Back Browser App are subject to the Terms and Conditions.
We reserve the right to change, add to or discontinue any portion of the Cash Back Browser App and the Affiliate Store database in any way, in our sole discretion at any time without advance notice. If we make a material change to the functionality of the Cash Back Browser App, we will send you an alert via the Cash Back Browser App notifying you of the material change and giving you the opportunity to upgrade. Please let us know of any questions, concerns or problems you have relating to the Cash Back Browser App by contacting us at https://help.joinpiggy.com/support/home
You agree that JoinPiggy.com and JoinPiggy.com’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your browser, location, date and time of Cash Back Browser App use, system and application software, and peripherals, as well as your browsing history, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Cash Back Browser App. You grant JoinPiggy.com the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which JoinPiggy.com believes you may be interested, including working with third parties who provide targeted advertising content.
If the Cash Back Browser App requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify JoinPiggy.com immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Cash Back Browser App. JoinPiggy.com is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
2. Grant of License
If you agree to this EULA, you may install and personally use the Cash Back Browser App and any updates provided by Piggy in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA (as it may be amended by Piggy from time to time), Piggy hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Piggy Cash Back Browser App consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
3. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOINPIGGY.COM AND ITS AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, ENJOYMENT, QUALITY AND NON-INFRINGEMENT WITH REGARD TO THE BROWSER APP. THERE ARE NO WARRANTIES NOT EXPRESSLY STATED IN THIS EULA. THE BROWSER APP IS PROVIDED "AS IS" WITH "ALL FAULTS" AND "AS AVAILABLE." THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE BROWSER APP OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE BROWSER APP IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE BROWSER APP NOT WORKING AS INTENDED, OR DAMAGING ANY HARDWARE OR OTHER SOFTWARE, OR FAILURE OF THE BROWSER APP RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHOPATHOME.COM OR AN AUTHORIZED REPRESENTATIVE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. SHOULD THE BROWSER APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
4. Prohibited Actions
You are prohibited from making any changes or asking others to make changes to the Cash Back Browser App, or using the Cash Back Browser App together with any third party products or services. Any enhancements, adaptations, alterations or modifications to the Cash Back Browser App shall remain the exclusive property of JoinPiggy.com.
You shall not use the Cash Back Browser App to provide or send information or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violates any applicable law, rules, regulations or JoinPiggy.com policies. You shall not use the Cash Back Browser App to introduce any virus, worm, built-in or use-driven destruction mechanism, injurious or damaging algorithm, time bomb, trojan horse or other software or hardware for any reason.
JoinPiggy.com may in its sole discretion and for any reason at any time without notice discontinue your right to access and use the Cash Back Browser App. Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Cash Back Browser App or this EULA.
You must be at least 18 years of age in order to enter into this EULA for the licensing of the Cash Back Browser App and install and use of the Cash Back Browser App. As a condition of your using our Cash Back Browser App, you represent and warrant that you are at least 18 years old.
JoinPiggy.com has no control over third party sites which you may access, including those sites which are linked to our Site. Therefore, we are not responsible for the content or function of any other site, and disclaim any liability for any aspects of any sites you access via direct access or access through our Site or Cash Back Browser App functionality. You may be subject to terms and conditions by such third party sites.
5. Updates to the Cash Back Browser App and Modifications to EULA
JoinPiggy.com may, from time to time, update the Cash Back Browser App. We may, in our sole discretion, update or upgrade the Cash Back Browser App (including versions that you have already installed) at any time without notice; however, you are responsible for ensuring that you are using the most current version of the Cash Back Browser App. Notice of material changes to the Cash Back Browser App will be provided via a Browser App notification, and, if applicable, you will be given the opportunity to upgrade. We shall have no responsibility or liability for the use of the Cash Back Browser App other than the most recently available Cash Back Browser App and only to the extent set forth herein..
We reserve the right to make changes to this EULA. Please check this page periodically for changes. Additionally, we will e-mail you if we make a material change to this EULA. Any such modification constitutes a successor EULA. Continued use of the Cash Back Browser App indicates your acceptance of such successor EULAs. If you do not accept any such successor EULAs you must uninstall the Cash Back Browser App from your computer. Failure to uninstall the Cash Back Browser App constitutes acceptance of the successor EULA.
6. Uninstalling the Cash Back Browser App
You can uninstall the Cash Back Browser App at any time and at your discretion by following the directions below as may be updated from time to time. Uninstalling the Cash Back Browser App is necessary to stop all tracking activities associated with the Cash Back Browser App and is your sole responsibility. The information provided below is for your convenience only and creates no liability or responsibility of JoinPiggy.com if you are unable to uninstall the Cash Back Browser App by following these directions.
For specific instructions on uninstalling the Cash Back Browser App from Internet Explorer, Firefox and Chrome, please visit our uninstall directions at https://help.joinpiggy.com/support/solutions/articles/5000586744-how-do-i-remove-the-cash-back-app-.
7. Termination of EULA
This EULA will remain in effect until it is terminated by you or by us. You may terminate this EULA at any time by uninstalling the Cash Back Browser App and destroying all copies of the Cash Back Browser App. We may terminate this EULA, in our sole discretion, if you do not comply with all of the terms and conditions of the EULA, or for lack of use. We also may terminate this EULA at any time for any reason if we discontinue support of the Cash Back Browser App. If the EULA is terminated for any reason, your rights to use the Cash Back Browser App will immediately cease and you must uninstall the Cash Back Browser App and all copies of the Cash Back Browser App must be destroyed. All provisions of the EULA relating to disclaimers of warranties, limitation of liability, remedies, damages, or our proprietary rights shall survive such termination. You agree that we will not be liable to you or to any third party for any termination of the EULA or access to the Cash Back Browser App.
8. Dispute Resolution
This EULA is governed by and interpreted under the laws of the State of Florida, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim, dispute, or controversy you may have against Piggy arising out of, relating to, or connected in any way with this EULA or the Software shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. The arbitration shall be held in Boca Raton, FL and the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to Piggy if we are the prevailing party in such arbitration. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this EULA or portion thereof is found to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. Piggy may assign this EULA to any entity at its sole discretion and without notice to you. YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE PURSEPERKS TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by Piggy, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.
9. Limitation of Liability, YOUR EXCLUSIVE REMEDY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, THE AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS EULA, THE USE OF OR INABILITY TO USE THE BROWSER APP OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR OTHER SOFTWARE, OR BY THE COMBINATION OF OUR BROWSER APP WITH ANY OTHER SOFTWARE. IN ANY CASE, WE, THE AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO TWO HUNDRED AND FIFTY DOLLARS ($250.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF JOINPIGGY.COM AND ITS AFFILIATES, ARISING OUT OF OR RELATED TO THIS EULA, AND/OR THE BROWSER APP SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO TWO HUNDRED AND FIFTY DOLLARS ($250.00). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
(c) THE LIMITATIONS IN THIS SECTION 9 SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER SECTION 9(a) IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.
10. YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
You are fully responsible for your activities using the Cash Back Browser App. You shall not use the Cash Back Browser App in any way that is unlawful or that harms us or any other party in any way. Your use of the Cash Back Browser App is subject to all applicable local, state, national and international laws and regulations. You represent and warrant that you will use the Cash Back Browser App only for the purposes permitted herein, that any information you submit to JoinPiggy.com accurate and otherwise complies with this EULA, and that you will promptly notify JoinPiggy.com if any of your information changes. JoinPiggy.com makes no representation that the Cash Back Browser App is appropriate or available for use in particular locations. You will not use the Cash Back Browser App for any commercial purpose not expressly approved by JoinPiggy.com in writing.
11. Export Restrictions
You acknowledge that the Cash Back Browser App licensed hereunder is subject to the export control laws and regulations of the United States. You confirm that with respect to the Cash Back Browser App, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the Cash Back Browser App may include technical data subject to export and re-export restrictions imposed by United States law. You agree to comply with all applicable international and national laws that apply to the Cash Back Browser App, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
12. General Terms of EULA
The laws of the State of Colorado govern the performance and interpretation of this EULA, without regard to any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this EULA.
This EULA, as it may be modified from time to time, constitutes the entire agreement under which JoinPiggy.com allows you to use the Cash Back Browser App. If there are any provisions or clauses in this EULA which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in force..
In addition to any other limitations which may be set forth herein, we shall not be responsible for events which are out of our control and which negatively impact the performance or use of the Cash Back Browser App, such as acts of God, acts by governmental authorities, or other acts not within our control.
The terms of this EULA are in addition to the terms of the Terms and Conditions which you agreed to when you became a Member in the JoinPiggy.com program. In the event of any conflict between the terms of this EULA and the terms of the Terms and Conditions, the terms of this EULA shall prevail.
JoinPiggy.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Cash Back Browser App. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Cash Back Browser App by others using the device.
You acknowledge and agree that your use of the Cash Back Browser App may involve you providing an “electronic signature” indicating your desire to use the Cash Back Browser App. Your “electronic signature” indicates your acceptance of this EULA, and your consent to receive communications about this EULA electronically. If you wish to receive communications in another manner, you may contact us at email@example.com to change your communication preferences. You may not use or otherwise export or re-export the Cash Back Browser App except as authorized by United States law and the laws of the jurisdiction in which the Cash Back Browser App was obtained. In particular, but without limitation, the Cash Back Browser App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.