Terms of Use

July 25, 2016

Terms of Use

General

This Agreement represents the entire agreement between ICashout and you.  If any provision within this Agreement is determined to be unenforceable, then we agree that the invalid provisions will be replaced by a valid, enforceable provision that closely matches the intent of the original provision.  Even if ICashout fails to enforce any provision within this Agreement, ICashout does not waive its rights to enforce the provisions of this agreement.  ICashout may provide you with notices, by any reasonable means, to advise you of any changes to the Agreement set forth.

ICashout offers its product to you conditioned upon your acceptance of all the terms and conditions contained in this statement (collectively, the “Agreement”). These terms and conditions govern your use of this website (“ICashout.io”), mobile site, mobile application (“ICashout App”), and related service(s) (collectively, the “Services”).

Customer Agreements

Your Use of the Services

You agree that your use of the Services is subject to all applicable local, state and federal laws and regulations. You also agree:
to comply with all applicable laws or rules regarding online conduct and acceptable material;

  • not to use the Services or submit content to the Services if you are under the age of 13 and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, must use any service under the supervision of a parent, legal guardian, or other responsible adult;
  • not to use the Services to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery or pickup;
  • not to access the Services using a third-party’s account/registration without the express consent of the account holder;
  • not to use the Services for illegal purposes;
  • not to commit any acts of infringement on the Services or with respect to content on the Service;
  • not to use the Services to engage in commercial activities apart from sanctioned use of ICashout’s services;
  • not to copy any content, including, but not limited to ICashout’s menu content and third-party reviews, for republication in any format or media;
  • not to create ICashout reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Service;
  • not to attempt to gain unauthorized access to other computer systems from or through the Services;
  • not to interfere with another party’s use and enjoyment of the Services;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites (including those of our ICashout partners).

User Account

You may access certain parts of the Services without creating an account. However, in order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You agree to provide and maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ICashout’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ICashout in writing, you may only possess one Account.

Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from ICashout at any time by sending an email to support@icashout.io indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

You acknowledge that messaging and data rates may apply depending on your mobile phone service provider and that you are solely responsible for paying for any such SMS text messaging fees.

Payment

You understand that use of the Services may result in charges to you for the restaurant services you receive from a third party provider (“Charges”). After you have received restaurant services obtained through your use of the Services, ICashout will facilitate your payment of the applicable Charges on behalf of the third party provider as such third party provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the third party provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ICashout. You retain the right to negotiate the Charges with a third party provider for restaurant services received by you from such third party provider at the time you receive such services. ICashout will respond accordingly to any request from a third party provider to modify the Charges for a particular service.
All Charges are due immediately and payment will be facilitated by ICashout using the preferred payment method designated in your Account, after which ICashout will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ICashout may, as the third party provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and ICashout, ICashout reserves the right to establish, remove and/or revise Charges for any or all restaurant services obtained through the use of the Services at any time in ICashout’s sole discretion. ICashout will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. ICashout may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for restaurant services from a third party provider at any time prior to such third party provider’s arrival, in which case you may be charged a cancellation fee.

Tip

You understand and agree that, while you are free to provide additional payment as a gratuity to any third party provider who provides you with services or goods obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. ICashout designates a default 15% of your payment as a tip or gratuity to the third party provider. This payment structure is intended to fully compensate the third party provider for the services or goods provided. If you do not change the default tip percentage, the pre-set amounts are all set to 15%. You may customize your tip percentage at any time in your Account, or you can select a tip after the payment has processed.

Promotional Codes.

ICashout may, in ICashout’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a third party provider’s services, subject to any additional terms that ICashout establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ICashout; (iii) may be disabled by ICashout at any time for any reason without liability to ICashout; (iv) may only be used pursuant to the specific terms that ICashout establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ICashout reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ICashout determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Referral Policy

Personal invite links should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, voucher websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. The referee must dine through ICashout within 3 months of applying the referral code for both parties to receive the promo value. After 3 months, the promotion may no longer apply, in ICashout’s sole discretion. ICashout reserves the right to revoke any and all referral credits at any time if we feel they were earned inappropriately.

Refund Procedures

If you believe your bill is incorrect, you must contact ICashout in writing within 30 days at the following address: accounts@icashout.io. ICashout will provide a full or partial refund on a case-by-case basis.

Unless specifically stated to the contrary herein, all refunds will be calculated based on the purchase price paid at the time of purchase. Refunds for credit and debit card transactions are issued within fifteen (15) business days, however please be aware that it may take your bank up to five (5) additional business days for the credit transaction to post to your credit card or bank account.

Disclaimers

The Services is provided “as is” without warranty of any kind. ICashout makes no promises, representations or warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including its condition, its conformity to any representation or description, or the existence of any latent or patent defects, and ICashout specifically disclaims all implied warranties of merchantability, noninfringement and fitness for a particular purpose and all other implied or statutory warranties, as well as any local jurisdictional analogues to the above. ICashout does not warrant that the Services will be error free or that the Services will work without interruptions, delays, losses or defects, whether human or mechanical.

Limitation of liability

ICashout is not responsible for any liability or damage arising out of or related to this agreement, including as a result of any errors or omissions contained within ICashout’s products. Whether based on contract, tort, negligence, strict liability, or otherwise, ICashout shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other type of damage, arising out of or related to this agreement, including but not limited to loss of anticipated profits or loss or interruption of use of any files, data or equipment, even if advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. The parties agree that the foregoing limitations represent a reasonable allocation of risk under this agreement.

The restaurants available on the Services operate independently and have entered into agreements with us to provide the food and delivery services available to you on the Service. The restaurants are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; ICashout is not responsible for the restaurants’ food preparation or safety and does not verify any restaurant’s compliance with applicable laws. In addition, ICashout does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by these restaurants, including in those cases where ICashout provides the delivery services. ICashout does not independently verify representations made by the restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors or disclosures.

Termination Procedures

ICashout reserves the right to terminate your account if you violate any of these terms and conditions. ICashout reserves the right to modify, suspend, or terminate at any time your account or any portion of your account without notice.

User Provided Content

ICashout may, in ICashout’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ICashout through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to ICashout, you grant ICashout a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ICashout’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ICashout the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ICashout’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ICashout in its sole discretion, whether or not such material may be protected by law. ICashout may, but shall not be obligated to, review, monitor, or remove User Content, at ICashout’s sole discretion and at any time and for any reason, without notice to you.

Application License

Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use.

Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Modification of Terms and Conditions

ICashout reserves the right to make any changes to the terms and conditions listed here.  Your use of ICashout’s services after any changes will constitute acceptance of the new terms and conditions.

ICashout may promote a special offer on its website or via email or any other place of its choice. If there is a conflict between the terms and conditions contained in this statement and any terms of the special offer, the terms of the special offer shall be controlling.

Links to Third Parties

ICashout is not responsible for the content provided within any of the links to third parties that ICashout provides on its website.  ICashout does not endorse any of these linked websites.

Intellectual Property Protection

You may not resell or attempt to commercially benefit from ICashout’s Service without the express, written consent of ICashout.  All of ICashout’s Service and the contents of the Service, including the design, text, graphics, interfaces, and images, scripts, active server pages, and other content and software used in the Services are the property of ICashout and are protected by Copyright.

Dispute Resolution

Arbitration

We agree to arbitrate any unresolved dispute through binding arbitration, mediation, or small claims courts.  You hereby waive your right to seek remedy within a court of general jurisdiction.  About Arbitration:  Arbitration can be cheaper, faster, and less formal than alternative methods, and employs a neutral arbitrator to hear the case, rather than a judge or jury.  If you seek less than $25,000 in your dispute:
ICashout will pay reasonable attorneys’ fees if you fail.
ICashout will not seek attorneys’ fees from you.
Otherwise, attorneys’ fees will be governed by the American Arbitration Association (AAA) rules.

Arbitration Agreement

The agreement to resolve all disputes and claims between us is intended to be broadly construed.  This agreement includes, and is not limited to the following:
Claims arising out of any relationship between us.  The relationship claimed can be based on any theory of law including contract, tort, fraud, statute, misrepresentation, or any other legal theory.
Claims that arose before any agreement was entered into
Claims that are currently the subject of a class action case in which you are not a member
Claims that may arise after termination of this Agreement
This arbitration agreement does not prevent federal, state, or local agencies from bringing claims and seeking relief from us on your behalf.  You are not precluded from bringing issues to the attention of these agencies. This arbitration provision is intended to survive the termination of this Agreement.

Arbitration Procedure

The Arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively known as the AAA Rules).  The arbitrator is bound by the terms of this Agreement.  The party who seeks to initiate the arbitration must send a written Notice of Dispute to the other party by certified mail.  This Notice shall be mailed to: 20 Second st, Jersey City, NJ, 07302
The Notice shall describe the nature and basis of the claim as well as the specific relief sought.  Settlement offers and their amounts should not be disclosed to the arbitrator until after the arbitrator determines the amount you or ICashout is entitled to.

Hearing Location

Unless you and ICashout agree otherwise, the hearings will be located in a place reasonably convenient to both parties.
If you are seeking relief of $10,000 or less, we agree that you may choose whether you would like telephone or in-person hearing.  Otherwise, the type of hearing is governed by the AAA rules.

Waiver of Class Actions

You and ICashout agree that each may bring claims against the other only in an individual capacity.  You hereby waive your right to be named as a plaintiff or class member in any purported class action or class arbitration proceeding.  Without express agreement from both parties, claims from different parties should not be consolidated.  If this provision is determined to be unenforceable, then it is our agreement that this entire arbitration provision shall be null and void.

Changes

If ICashout makes any changes to the Arbitration provisions contained in this Agreement (beyond a Change to the Notice Address), during your membership, you may reject any changes within 30 calendar days of the change.  If a rejection is made, the language of the provisions within this Agreement will remain effective.

Indemnity

You agree to defend, indemnify and hold ICashout, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of our services and website, your violation of the terms and conditions of this Agreement, or your breach of any of the representations and warranties herein.

Governing Law and Jurisdiction

This Agreement is governed by and construed under the laws of the State of New Jersey without reference to conflict of laws principles. All disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and the parties agree and submit to the exclusive jurisdiction and venue of these courts.

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