Terms and Conditions

SPENDWITTY TERMS OF SERVICE

 

If You do not agree to be legally bound by all of the following Terms of Use, then you are not authorized to access or use Spendwitty mobile application or website or other “Sites or Services” as defined below.  Please read the following Terms of Use carefully.  They include limitations on Spendwitty’s liability and a requirement for You to arbitrate any dispute with Spendwitty or its owners or personnel.

 

  • Introduction:  Spendwitty Corporation (“Spendwitty”) helps consumers who subscribe to Spendwitty (“You,” Your,” “User”) spend their money the “witty way” by providing them with discrete, automatic discounts at designated businesses providing goods or services (“Seller(s)”) via any Spendwitty mobile device application (“App”) or Spendwitty website(s) for a low monthly cost.  Spendwitty helps public and private schools designated by each Consumer (“School(s)”) by automatically sending each School a designated percentage of up to fifty-percent (50%) of the gross amount of the Consumer’s monthly subscription fee.   
  • Binding Agreement:  These Terms of Use (“Terms”) constitute a binding agreement between Spendwitty and You.  You agree to be bound by these Terms by using the App, the Spendwitty website (“Website”) or any other part of the services that Spendwitty provides.
  • Ownership:  The App, the Spendwitty website, www.spendwitty.com, all related sites and mobile applications, and all content in, from or directly or indirectly available through any Spendwitty mobile application (collectively “Site(s) and(or) Service(s)”) are owned and operated by Spendwitty and can only be accessed and used by You as described in and in compliance with these Terms.
  • Modifications:  Spendwitty may, in its sole discretion, modify these Terms at any time effective upon posting the modified Terms.  You are responsible for regularly reviewing these Terms to obtain timely notice of modifications to these Terms.  If You do not agree to the amended terms, You must not access or use any Site or Service and notify Spendwitty at Terms@spendwitty.com to revoke Your login credentials and remove You from all mailing, access and distribution lists. YOUR CONTINUED USE OF ANY SITE OR SERVICE AFTER ANY MODIFICATION OF THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE MODIFIED TERMS.
  • Use of Sites and Services.  Subject to Your full compliance with these Terms, as modified from time to time, Spendwitty grants authorized Users a nonexclusive, nontransferable, terminable license to access and use the Sites and Services for Your own use. You agree to not access, reproduce, duplicate, copy, sell, sub-license, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of the information or other content in any medium, including text, video, images and audio, form or available in or through the Sites or Services (collectively “Spendwitty Content”) for any purpose whatsoever.  Spendwitty may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at its sole discretion for any or no reason, at any time and with or without notice. Spendwitty will not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
  • User Conduct:  As a condition of Your access and use of the Sites and Services and Your submission of or access to any information available from or through the Sites and Services, You agree not to use the Sites or Services for any purpose that is unlawful or prohibited by these Terms.  By way of example, and not as a limitation, You agree not to:

 

      1. Intentionally or unintentionally violate these Terms, other applicable agreement with Spendwitty, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
      2. Use the Sites or Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
      3. Use the Sites and Services or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
      4. Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to Your personal purchasing decisions, without the express written consent of Spendwitty, which consent may be withheld by Spendwitty in our sole discretion;
      5. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
      6. Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify Your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Spendwitty, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
      7. Knowingly provide or submit false or misleading information;
      8. Use the Sites and Services if You have not reached the age of majority in the state or in which You reside (Spendwitty considers the age of majority to be 18 years of age in most states, except 19 years of age in Alabama and Nebraska and 21 years of age in Mississippi and Puerto Rico);
      9. Use the Sites or Services if You are under a mental disability or unqualified to create a binding legal obligation;
      10. Take any action that would undermine the review and rating process under the Sites and Services;
      11. Attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
      12. Use the Sites and Services in any way that could interfere with the rights of Spendwitty or the rights of other users of the Sites and Services;
      13. Attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Spendwitty by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
      14. Sell, share, or otherwise transfer Your account username, password, other information, or Your rights or obligations under these Terms;
      15. Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
      16. Access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology,) or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
      17. Probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services; or
      18. Reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Spendwitty, including any Spendwitty account not owned by You, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than Your own information, except as expressly authorized by Spendwitty and provided for by the Sites and Services.

 

  • Spendwitty Membership.  When using, accessing, or purchasing particular services or features of the Sites and Services, You are subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms.  For example, Spendwitty restricts access to some portions of the Sites and Services to persons with a Spendwitty Membership. 
  • Registration Information:  We may require that You create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that You provide login information such as a username and password to access and utilize Your account. As a condition of Your use of the Sites and Service, You agree to (a) provide Spendwitty with true, accurate, current and complete information as prompted by the Spendwitty’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under Your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination.  Please contact us if You have questions about managing multiple accounts.
  • Submitting Content:  As a condition of submitting any Content whatsoever, including ratings, representations, offers, discounts, and promises to or through the Sites or Services, You agree that:

 

      1. You grant to Spendwitty a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Spendwitty all rights necessary to publish or refrain from publishing Your name and address in connection with Your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by You once Your Content is submitted to the Sites and Services;
      2. You grant to Spendwitty all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of Your Content by any other party;
      3. Your name and report information may be made available to the public and to the Sellers on which You report;
      4. You represent that You own or have secured all legal rights necessary for the Content submitted by You to be used by You, Spendwitty, and others as described and otherwise contemplated in these Terms;
      5. You represent and warrant that each person identified, depicted, or shown in in Your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms.
      6. You are solely responsible for Your reviews and ratings;
      7. Spendwitty may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
      8. You will not submit any reviews that may be considered by Spendwitty to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
      9. All of Your reviews and ratings will either be based upon (i) Your actual first-hand experiences with the Sellers You are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual;
      10. All of Your reviews and ratings of the Sellers that You are rating will be accurate, honest, truthful, and complete in all respects;
      11. You do not work for, own any interest in or serve on the board of directors of, any of the Sellers for which You submit reviews and ratings;
      12. You are not in any way related (by blood, adoption or marriage, if the Seller is an individual) to any of the Sellers for which You submit reviews or ratings;
      13. You have not received any form of compensation to post reviews and ratings;
      14. You will submit thorough and thoughtful reviews of the Sellers You review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
      15. You will not submit reviews that comment on other users or the reviews of other users;
      16. You will not submit reviews with hyperlinks; and
      17. The reviews and ratings that You provide do not reflect the views of Spendwitty, its officers, managers, owners, employees, agents, designees or other users.

 

  • No Content or Seller Screening or Warranty:

 

      1. Spendwitty cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that Spendwitty simply acts as a passive conduit and an interactive Seller for the publication and distribution of Content provided by Sellers and consumers that participate in or are otherwise involved in some way with the Sites or Services.
      2. You acknowledge that Spendwitty is not responsible for the Content and does not represent or ensure in any way that the content is truthful or accurate in any way. You acknowledge that all Content is the sole responsibility of the Seller or consumer who or which is identified in the Sites or Services.   
      3. You acknowledge that Spendwitty does not screen or investigate Sellers and does not confirm or guarantee in any way that any Seller:
        1. Actually offers the goods or services identified in or through Sites or Services;
        2. Sells goods that are safe, reliable and not unreasonably dangerous or defective;
        3. Sells services that are performed safely, reliably or competently;
        4. Conducts business in a competent, reasonably, ethical or lawful manner;
        5. Properly screens, hires or trains its personnel;
        6. Provides facilities that are safe or suitable in any way for any purpose; or
        7. Is otherwise a competent Seller.  
      4. You acknowledge that by using the Sites or Services You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You are solely responsible for evaluating, making Your own judgments regarding, and bearing all risks associated with, your use of or reliance upon any Content.
      5. Without limiting the foregoing, Your correspondence or business dealings with, consumption of goods or services of, or participation in promotions of Sellers, including payment for and delivery or fulfillment of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and the Seller. You agree that Spendwitty will not be responsible or liable, directly or indirectly, for any loss or damage of any type or nature incurred in whole or in part as the result of any dealings with Sellers.

 

  • Liability Waiver.

 

      1. Spendwitty makes no representations concerning any Content contained in or accessed through the Sites and Services, including any offers, promises, agreements, data, advertising, products, goods or services of any type available or unavailable from, or through, any provider of goods or services identified in or through any of the Sites or Services (which includes, but is not limited to, health care and wellness providers). Spendwitty will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Spendwitty makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
      2. YOU ACKNOWLEDGE AND AGREE THAT SPENDWITTY, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SPENDWITTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SELLERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS BY SPENDWITTY OR THE FAILURE OF SPENDWITTY TO PROVIDE THE SERVICES UNDER THESE TERMS OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SELLERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT SPENDWITTY, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
      3. You waive the right to bring or assert any claim against Spendwitty relating to Content, and release Spendwitty from any and all liability for or relating to any Content. Spendwitty has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
      4. Spendwitty expressly disclaims all representations and warranties, express or implied, oral or written, regarding the Sites and Services and Content, including any warranty of merchantability, fitness for a particular purpose or warranty claimed to arise from course of dealing, usage or trade practice.
      5. Statements in Spendwitty’s marketing and advertising materials, including general statements related to the Sites or Services, including Sellers, consumers or Content, do not constitute representations or warranties.  All such statements are superseded and made non-actionable by the disclaimer in the preceding subsection of these Terms.

 

  • Right, But No Duty, To Remove or Modify Content:  Spendwitty has the right, but not the obligation, to review, modify and/or delete any Content that, in its sole judgment, violates these Terms.

 

      1. You may, report Content that You believe violates these Terms or is otherwise unlawful by sending an email to helpdesk@spendwitty.com (for copyright complaints, please see below).  You may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If You are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
      2. You agree that Spendwitty may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Sites and Services in a given period of time. You agree that Spendwitty has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Spendwitty has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

 

  • Health Related Providers:

 

      1. The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Sites and Services.
      2. If You think You may have a medical emergency, call Your doctor or 911 immediately. Spendwitty does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Spendwitty is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by Spendwitty, its employees and others appearing on the Sites and Services at the invitation of Spendwitty, or other visitors to the Sites and Services is solely at Your own risk.
      3. The Sites and Services may contain health-related materials that are sexually explicit. If You find these materials offensive, should not use the Sites and Services.
      4. You should be aware that if You post any health-related information about Yourself or anyone else on the Sites and Services, You do so at Your own risk. If You post health information about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Content that contain Your private or confidential health information in response to Content You submit. Spendwitty is not liable for any such Content. Spendwitty cannot be expected to keep You health information confidential if You post it to the Sites or Services or otherwise make it available to others. 

 

  • Termination of Access:  Spendwitty may terminate Your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever.  Upon such termination, You must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, You acknowledge that Spendwitty reserves the right to take action — technical, legal or otherwise — to block, nullify or deny Your ability to access the Sites and Services.  You acknowledge that Spendwitty may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Spendwitty.
  • Survival of Terms:  All provisions of these Terms which by their nature should survive termination shall survive the termination of Your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
  • Trademarks And Copyrights:  

 

      1. Spendwitty, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Spendwitty in the U.S. and/or other countries.  These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. 
      2. You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Spendwitty and/or its licensors and are protected by all United States and international copyright laws.

 

  • Notice and Procedure for Making Claims of Copyright Infringement:

 

      1. Spendwitty respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  We may terminate access for users of the Site and Service who are infringers. 
      2. Notifying Spendwitty of Copyright Infringement: To provide us with notice of an infringement, You must provide a written communication to the attention of “Site: DMCA Notification Dept.” at ipdocket@icemiller.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that an activity is infringing Your copyright.  We will need the following information from You:
        1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
        2. A description of the copyrighted work or other intellectual property that You claim has been infringed;
        3. A detailed description of where the material that You claim is infringing is located or found on the Sites and Services;
        4. Your address, telephone number, and email address;
        5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
        6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
      3. Providing Spendwitty with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected Content.  If You material has been removed and You feel that Your material does not constitute infringement, You may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at ipdocket@icemiller.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that an activity is not infringing the copyrights of others.  If You are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

 

  • Delays And Accessibility:  The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Spendwitty is not responsible for any delays, failures or other damage resulting from such problems.
  • User Feedback:  Spendwitty appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Sites and Services, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Spendwitty. In addition, none of the Submissions will be subject to any obligations of confidentiality and Spendwitty will not be liable for any future use or disclosure of such Submissions. 
  • Breach of Terms and Liquidated Damages:  

 

      1. You acknowledge that the Content in each report or record on Spendwitty has significant value to Spendwitty and that the damage caused to Spendwitty for any violation of these Terms pertaining to a report or record will be difficult to accurately estimate.  Thus You shall be liable to pay us the following amounts as liquidated damages, and You agree that the liquidated damages are a reasonable estimate of Spendwitty’s damages for the specified breaches of these Terms:
      2. If You post Content in violation of these Terms, You agree to promptly pay Spendwitty One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms. We may (but shall not be required to) to issue You a warning before assessing damages.
      3. If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms, You agree to pay One Hundred Dollars ($100) for each record or report that You displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
      4. If You use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, You agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by You.
      5. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, You agree to pay the actual damages suffered by Spendwitty, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

 

  • Notice:  By use of the Sites and Services, You consent to receive electronic communications from Spendwitty (via email or via a posting on the Sites), and You agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Spendwitty may communicate any notices to You under these Terms, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to Spendwitty will be provided by either sending: (i) an email to  helpdesk @angieslist.com; or (ii) a letter, first class certified mail, to Spendwitty, 5712 Fairmont Ave, Downers Grove, IL 60516, Attn: Customer Service. Such notices will be deemed delivered upon the earlier of the verification of delivery or five (5) business days after being sent.
  • Entire Agreement:  These Terms and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between You and Spendwitty. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Spendwitty regarding the subject matter contained in these Terms. Additional terms and conditions may exist between You and third parties, including but not limited to, Sellers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Spendwitty under these Terms.
  • Governing Law:  These Terms and the relationship between You and Spendwitty will be governed by the laws of the State of Illinois, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state courts located in DuPage County, Illinois and the federal courts located in Chicago, Illinois, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Spendwitty may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Sites and Services or these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
  • Arbitration:  Notwithstanding any other provision of these Terms, any claim or demand of any type arising from or related to the Sites or Services, Content or Spendwitty or its owners or personnel, including the formation, effect, interpretation, performance or breach of these Terms will, at the written request of either Party, be resolved by final and binding arbitration under the then-applicable rules of JAMS, Inc. (formerly Judicial Arbitration and Mediation Services) in Chicago, Illinois.
  • Miscellaneous:  If You breach any term of this Terms or other agreement with Spendwitty, Spendwitty may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Spendwitty’s remedies are cumulative and not exclusive. Failure of Spendwitty to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms is not assignable, transferable or sublicensable by You except with Spendwitty’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between You and Spendwitty as a result of these Terms or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms.
  • Contacting Us:  If You have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at helpdesk@spendwitty.com.