Fancy Rewards Terms & Conditions

these terms of use / mobile application end user license agreement (" agreement ") is a binding agreement between you (" end user " or " you ") and fancycom, inc (" company ") this agreement governs your use of the fancy rewards app (including all related documentation, the "application" or "app") available on mobile platforms such as ios, android or similar depending on the official app name and what mobile app stores the app will be available through the application is licensed, not sold, to you by downloading, installing, or using the application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are at least 18 years old or otherwise legally permitted to enter into a binding agreement; (c) represent that you will, at all times, provide true, accurate, current, and complete information when submitting information through the application; and (d) accept this agreement and agree to be legally bound by its terms in particular, this agreement contains an arbitration provision that waives your right to a court hearing and/or a jury trial and a class action waiver that waives your right to participate in any class action lawsuit to enforce this contract if you do not agree to these terms, do not download, install, or use the application and delete it from your mobile device 1\ license grant subject to the terms of this agreement, company grants you a limited, non exclusive, and nontransferable license to (a) download, install, and use the application for your personal, non commercial use on a mobile device (defined as a smartphone, tablet, smartwatch, or other portable wireless computing device) owned or otherwise controlled by you ("mobile device") strictly in accordance with the application's documentation; and (b) access, stream, download, and use on such mobile device the content and services (as defined in section 5) made available in or otherwise accessible through the application, strictly in accordance with this agreement and the terms of use applicable to such content and services as set forth in section 5 2\ license restrictions except as may be expressly permitted by applicable law or expressly authorized by the application, you shall not (a) copy the application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the application, or any features or functionality of the application, to any third party for any reason, including by making the application available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the application for any purpose, including monitoring or copying any of the material in the application (including, for example, any “data mining,” “deep link,” “page scrape,” or use of “bots,” “spiders,” or similar data gathering and extraction tools or methods); (g) use any manual process to monitor or copy any of the material on the application, or for any other purpose not expressly authorized in this agreement, without company's prior written consent; (h) frame, mirror, or otherwise incorporate the application or any portion of the application as part of any other mobile application, website, or service; (i) use the application in any manner that could disable, overburden, damage, or impair the application or interfere with any other party's use of the application; \[or] (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the application; (k) use or access the application for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; \[or/ ] (l) use the application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety critical applications, including medical or life support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments 3\ reservation of rights you acknowledge and agree that the application is provided under license, and not sold, to you you do not acquire any ownership interest in the application under this agreement, or any other rights thereto other than to use the application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this agreement company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this agreement 4\ collection and use of your information you acknowledge that when you download, install, or use the application, company may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the application you also may be required to provide certain information about yourself as a condition to downloading, installing, or using the application or certain of its features or functionality, and the application may provide you with opportunities to share information about yourself with others all information we collect through or in connection with this application is subject to our docid\ uiqhv8uaaknwdfie9ayk2 by downloading, installing, using, and providing information to or through this application, you consent to all actions taken by us with respect to your information in accordance with the privacy policy 5\ content and services the application may provide you with access to company's website located at \[website url(s)] (the " website ") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the application may be hosted on the website (collectively, " content and services ") your access to and use of such content and services are governed by website's docid\ nepsljo pb99nlgu0dt2i and docid 07wnwn9dtnooz19n pun , which are incorporated herein by this reference your access to and use of such content and services may require you to acknowledge your acceptance of such terms of use and privacy policy and/or to register with the website, and your failure to do so may restrict you from accessing or using certain of the application's features and functionality any violation of such terms of use will also be deemed a violation of this agreement 6\ geographic restrictions the application and the content and services are based in the state of california in the united states and provided for access and use only by persons located in the united states you acknowledge that you may not be able to access all or some of the application or the content and services outside of the united states and that access thereto may not be legal by certain persons or in certain countries if you access the application or content and services from outside the united states, you are responsible for compliance with local laws 7\ updates company may from time to time in its sole discretion develop and provide application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, " updates ") updates may also modify or delete in their entirety certain features and functionality you agree that company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality based on your mobile device settings, when your mobile device is connected to the internet either (a) the application will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates you shall promptly download and install all updates and acknowledge and agree that the application or portions thereof may not properly operate should you fail to do so you further agree that all updates will be deemed part of the application and be subject to all terms and conditions of this agreement 8\ third party materials the application may display, include, or make available third party content (including data, information, applications, and other products, services, and/or materials) or provide links to third party websites or services, including through third party advertising (" third party materials ") you acknowledge and agree that company is not responsible for third party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof company does not assume and will not have any liability or responsibility to you or any other person or entity for any third party materials third party materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions 9\ term and termination (a) the term of the agreement commences when you download, install, or use the application and will continue in effect until terminated by you or company as set forth in this section 9 (b) you may terminate this agreement by deleting the application and all copies thereof from your mobile device (c) company may terminate this agreement at any time without notice \[if it ceases to support the application, which company may do in its sole discretion \[or \[other termination events]]] \[in addition, this agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this agreement ] (d) upon termination (i) all rights granted to you under this agreement will also terminate; and (ii) you must cease all use of the application and delete all copies of the application from your mobile device (e) termination will not limit any of company's rights or remedies at law or in equity, under this agreement or otherwise for the avoidance of doubt, the arbitration provision set forth in this agreement shall survive the termination of this agreement for any reason 10\ disclaimer of warranties the application is provided to end user "as is" and with all faults and defects without warranty of any kind to the maximum extent permitted under applicable law, company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice without limitation to the foregoing, company provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you 11\ limitation of liability to the fullest extent permitted by applicable law, in no event will company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application the foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you 12\ idemnification you agree to indemnify, defend, and hold harmless company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the application or your breach of this agreement, including but not limited to the content you submit or make available through this application 13\ export regulation the application may be subject to united states export control laws, including the export control reform act and its associated regulations you shall not, directly or indirectly, export, re export, or release the application or any content and services to, or make the application or any content and services accessible from, any jurisdiction or country to which export, re export, or release is prohibited by law, rule, or regulation you shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re exporting, releasing, or otherwise making the application or content and services available outside the united states 14\ us government rights the application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 c f r § 2 101 accordingly, if you are an agency of the us government or any contractor therefor, you receive only those rights with respect to the application as are granted to all other end users under license, in accordance with (a) 48 c f r § 227 7201 through 48 c f r § 227 7204, with respect to the department of defense and their contractors, or (b) 48 c f r § 12 212, with respect to all other us government licensees and their contractors 15\ severability if any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this agreement will continue in full force and effect\[; provided, however, that if any fundamental term or provision of this agreement is invalid, illegal, or unenforceable, the remainder of this agreement shall be unenforceable] 16\ governing law this agreement is governed by and construed in accordance with the internal laws of the state of california without giving effect to any choice or conflict of law provision or rule any legal suit, action, or proceeding arising out of or related to this agreement or the application shall be instituted exclusively in the federal courts of the united states or the courts of the state of california in each case located in irvine and orange county, ca you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts 17\ limitation of time to file claims any cause of action or claim you may have arising out of or relating to this agreement or the application must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred 18\ arbitration this section affects your rights, so please read carefully in the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this agreement, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through non appearance based final and binding arbitration pursuant to the federal arbitration act, conducted by a single neutral arbitrator and administered under the commercial arbitration rules of the american arbitration association except as otherwise provided in this agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory the exclusive venue of such arbitration shall be in irvine, california the arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees this arbitration provision shall survive the termination of this agreement for any reason notwithstanding the foregoing, the company may bring a claim for injunctive relief against your violation of this agreement in any court of competent jurisdiction there is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply the law and follow the terms of this agreement as a court would entire agreement this agreement and our docid 07wnwn9dtnooz19n pun constitute the entire agreement between you and company with respect to the application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the application