Terms Service

Ankupon Terms of Service

Last Updated: 11/28/18

These Ankupon terms of service (this “TOS”), which incorporate herein by reference the Ankupon privacy policy  https://www.ankupon.com/privacy (the “Privacy Policy”) and any applicable End User Licensing Agreement(s) (“EULAs”), each as amended or modified from time to time (collectively, the “Terms” or the “Agreement”), constitute a legally binding agreement between you and ankupon  (referred to variously as the “Company”, “we”, “our” or “us”) governing (i) your registration for and continuing use of an Ankupon account (a “User Account”) as either a consumer (a “Shopper” whose User Account may be referred to as a “Shopper Account”) or a merchant (a “Merchant” whose User Account may be referred to as a “Merchant Account”), and (ii) your use of the Company’s website(s), network(s), mobile application(s), and any related services or features (collectively, the “Services”).  As used herein, the term “User” refers to any user of the Services, including both Consumers and Merchants.

BY CLICKING "I ACCEPT," DOWNLOADING ANY COMPANY MOBILE APPLICATION, REGISTERING FOR A USER ACCOUNT, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS (INCLUDING ANY DOCUMENTS INCORPORATED BY REFERENCE HEREIN) AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS.

If you do not agree to these Terms, if you are not at least eighteen (18) years of age, do not meet any other Eligibility Requirement (as defined below), you are prohibited from using the Services in any way, including registering for a User Account or logging into Ankupon.

ARBITRATION NOTICE; RELEASE OF CLAIMS; WAIVER OF RIGHTS

PLEASE READ THESE TERMS CAREFULLY, IN THEIR ENTIRETY, AS THEY COMPRISE YOUR BINDING AGREEMENT TO ARBITRATE DISPUTES, YOUR CONSENT TO PERSONAL JURISDICTION IN THE STATE OF WASHINGTON, USA, YOUR RELEASE OF CLAIMS AND LIABILITIES AGAINST THE COMPANY, YOUR WAIVER OF TRIAL BY JURY, AND YOUR WAIVER OF ANY AND ALL RIGHTS YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY.

Introduction to Our Services

 Overview

Ankupon generally allows Merchants to set up and administer various programs (“Promotional Programs”), in which they use Ankupon to make available to Shoppers, on a limited-time and/or limited-quantity basis, promotional benefits (“Deals”) such as price discount codes, cash-back rewards, or other rewards (each a “Snag”).  Shoppers may claim and redeem an available Deal in the course of purchasing a good or service (a “Product”) from a Merchant offering a Deal on that Product.  Shoppers may also be encouraged (but not required) to tell others (e.g. via social media post) about Deals they participate in on Ankupon (a “Shout”).

 Cash Back

One type of Promotional Program provided by the Company may be a “Cash Back Program”.  The Company may receive compensation for referring Shoppers to Products sold by Merchants.  The Company may give a portion of this fee to Shoppers (“Cash Back”).  Compensation received by the Company may play a part in whether, where, and how Merchants and their Products appear on our site.  Cash Back Programs are offered at the sole discretion of the Company and are subject to your compliance with this Agreement and the provisions set forth in (among other places) Sections 2.4 and 4.

The Company may provide Cash Back to Shoppers via, e.g., PayPal, or via other payment options in the sole discretion of the Company.  You may need to sign up for, or become a member of, a third party service such as PayPal in order to receive Cash Back. The Company endeavors to pay Cash Back rewards to Shoppers within ninety (90) days (see our payment schedule here https://www.ankupon.com/faq), but payment may take longer.  The Company is not responsible for Cash Back rewards that are delivered to the wrong digital or physical address (as applicable), deposited in the wrong account, uncashed, returned, marked undeliverable, refused, or prevented or modified by (or by order of) a governmental or judicial body.

Any rewards or benefits you may be eligible for in connection with a Promotional Program other than a Cash Back Program have no monetary value, may not be redeemed for money, and are not (unless the Company explicitly states in writing otherwise) redeemable in the form of Cash Back.

 Taxes

You are solely responsible for ascertaining and paying any tax liability that may arise as a result of your receipt any benefit or value (including, but not limited to, Cash Back) through the Services.

 Company Discretion and Modifications to Services

At any time, in the Company’s sole discretion, the Company may (i) determine whether or not a Shopper is eligible to claim or redeem a Deal (or generally to participate in any Promotional Program); (ii) determine if a Shopper has (through one or more User Accounts) already claimed or redeemed a Deal and is thus ineligible; (iii) limit (or establish a minimum on) the number of Deals a Shopper may participate in or a Merchant may offer; (iv) determine whether or not a Shopper has met any applicable requirements to claim or redeem a Deal (or generally to participate in any Promotional Program); (v) modify the amount of or withhold entirely a cash-back reward; and (vi) establish, withdraw, or modify transaction, balance, or account activity thresholds, or other conditions for Shoppers or Merchants to maintain an active User Account, or standards under which a User Account may be deemed in “good standing” or eligible to participate in any Promotional Program.

The Company reserves the right to add, change, limit, withhold, deny, or discontinue aspects of the Services with respect to any individual User or all Users, including any fees, costs, or payments related to the Services, and Users’ eligibility to participate in and benefit from Promotional Programs.  Your sole and exclusive remedy for any such action by the Company is to cease participating in the Services.

THE COMPANY’S OBLIGATIONS AND UNDERTAKINGS UNDER THIS AGREEMENT, INCLUDING ANY PROMOTIONAL PROGRAMS, MAY BE SUBJECT TO THE PRICING, TERMS, CONDITIONS, AND POLICIES SET FORTH BY MERCHANTS, ONLINE RETAILERS OR OTHER THIRD PARTIES (AS APPLICABLE), WHICH MAY BE CHANGED FROM TIME TO TIME BY SUCH PARTIES WITHOUT NOTICE TO US OR TO YOU.  WE HAVE NO CONTROL OVER SUCH POLICIES OR CHANGES, NOR WILL WE HAVE ANY LIABILITY TO YOU FOR OUR FAILURE TO PERFORM, OR FOR YOUR INABILITY TO CLAIM, REDEEM, OR RECEIVE ANY VALUE OR BENEFIT UNDER A PROMOTIONAL PROGRAM, INCLUDING CASH BACK, AS A RESULT OF ANY SUCH POLICIES OR CHANGES.

Merchant Services

If you are a Merchant, the Services may enable you to participate in Promotional Programs and offer Deals to Shoppers (hereinafter referred to as operating a “Campaign”).  You understand and agree that the Company is offering a promotional and marketing service, and that while your Campaign may allow for Shoppers to receive various benefits such as Cash Back, it is within the sole discretion of the Company how, whether, and to what extent benefits or value will be provided to Shoppers.

The Company may require that all or a portion of the payment for operating a Campaign be paid up front.  If the Company terminates the Services or modifies them in a way that renders one or more of your Campaigns inoperable, the Company may refund you an equitable portion of up front fees you paid for any Campaign so affected.

In order to set up and operate a Campaign, you may be required to create one or more promotional codes or deposit funds for the use of rebates (i.e. for an online retailer who is then-currently supported by the Services).  You are solely responsible for ensuring the accuracy and validity of your promotional codes. The Company is not responsible for any error or inaccuracy with respect to your promotional codes. We may require additional information from you about your products or customers in order to set up and operate a Campaign, and we may be unable to proceed with a Campaign without such information.

Upon set up and launch of a Campaign, the Company will make reasonable efforts to make the Campaign available to Shoppers via the Services, subject to the availability of your product(s), the acts of third parties beyond the Company’s control (such as third party online retailers), Acts of God, and as otherwise provided in this Agreement.

The information you offer to Shoppers regarding a Campaign and any Deals therein, and any product descriptions, pricing information, quantity limits, or promotional materials you provide regarding the same, must be complete, truthful, and accurate.

 Privacy

Your use of the Services is subject to the Company’s Privacy Policy, which is available here https://www.ankupon.com/privacy.

 Eligibility

You hereby agree, represent, and warrant that (i) at the time of creation of your User Account, (ii) for the entire duration your User Account remains open, and (iii) at any point you access the Services, you meet the following list of requirements, along with any other requirements, rules, policies, or guidelines then in place, as set forth by the Company from time to time (collectively, the “Eligibility Requirements”):

Age

You are 18 years of age or older.

Information

Your submission of any information to the Company (“Submitted Information”), including financial, identity, and contact information, in connection with your registration for a User and your use of the Services is accurate and truthful.  You agree to maintain Submitted Information in an accurate and truthful state and modify it if necessary to reflect any change that would otherwise render any of your Submitted Information inaccurate or untruthful.

Authority

If you are entering into this Agreement on behalf of a company or other legal non-person entity (an “Entity”), you have the authority to bind that Entity to this Agreement, and do hereby bind that Entity to this Agreement.  In such case references to “you” and “your” in this Agreement shall also be read to refer to that Entity and any person or entity that, via your User Account, accesses any Services.

Legal and Regulatory Compliance

You are not a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).  You are not listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime, or on the U.S. Commerce Department’s Table of Deny Orders.  You are not a resident of the European Economic Area (the “EEA”), nor are you considered a Data Subject as defined by the EU General Data Protection Regulation (“GDPR”).  Your registration for a User Account and your use of the Service is in compliance with any and all applicable laws and regulations.

User Accounts

 Account Creation and Maintenance

When you accept these Terms and complete our sign-up process, you will have created a User Account.

In order to create your User Account you will be required to select a password.  Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User Account.  If you suspect or become aware of any unauthorized use of your Account please contact us.

You agree that all information you provide to the Company during the sign-up process and thereafter during your use of the Services will be true, accurate, complete and current information, and that you shall maintain and update the Submitted Information as needed throughout the lifetime of your User Account to keep it accurate and current.  Failure to provide accurate, current and complete Submitted Information may result in the suspension and/or termination of your Account.

As part of registration, and from time to time, we may require you to verify your email address or validate other information about you.

Community Standards

You agree to use the Services only for the purposes as permitted by these Terms, as further limited by any applicable law or regulation.  You may not use the Services in any way that is unlawful, or harms the Company, another User, or any other person or entity. You agree that you will NOT use the Services, including any of our websites or mobile applications, to:

- Engage in any act or omission that is in any manner inconsistent with this Agreement (including any community guidelines, policies, or rules now in force or enacted in the future, and any amendments and additions hereto), that misleads another User, or that is otherwise unlawful;

- Engage in any behavior, or upload, download, post, email, transmit, store or otherwise make available any content, that is or could be, as determined by the Company in its sole discretion: fraudulent, misleading, illegal, facilitative of illegal activity, threatening, violent, harassing, abusive, defamatory, obscene, offensive, vulgar, hateful, invasive of another’s privacy, harmful to others, that could harm the reputation of the Company, or that is otherwise objectionable;

- Stalk, harass, threaten, or harm another;

- Impersonate, pretend to be, or misrepresent yourself as anyone, or any entity, you are not, including another User or an employee or agent of the Company;

- Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

- Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware;

- Interfere with or disrupt the Services (including by communicating with the Services via any automated means, such as scripts, bots, scrapers, or crawlers), or any servers or networks connected thereto or in service thereof, or any policies, requirements or regulations of networks connected thereto or in service thereof (including any unauthorized access to, use or monitoring of data or traffic thereon).

The above items, as set forth in Section 5.2(a)-(g), and as may be modified or added to by the Company from time to time (including by posting such changes outside this Agreement, e.g. on the Company’s website), may hereinafter be referred to as “Community Standards”.  Your account may be terminated, without remedy, for conduct that we determine, in our sole discretion, violates the Community Standards.

You further agree and understand that your conduct outside the context of the Services may reflect on the Company and the Services.  Accordingly, you understand and expressly agree that your User Account may be terminated, without remedy, for conduct unrelated to the Services that would violate Community Standards were it to occur in the context of the Services.  This includes communications anywhere by way of analog or digital messaging, print, social media, or posts in internet fora.

Violations of this Agreement, including the limitations set forth in this Section 5.2, may result in suspension or termination of your User Account, referral to law enforcement, or other actions as the Company deems, in its sole discretion, to be appropriate.  We reserve the right to modify these limitations on use and rules of conduct at any time.

 Account Termination and Suspension

You may close your User Account and/or stop using the Service at any time.  If you are at any time dissatisfied with any aspect of the Services or any Promotional Program, your sole and exclusive remedy is to cease participating in the Services.

We may, at any time, under any circumstances and without prior notice, terminate or suspend all or a portion of your User Account and/or your access to the Services.  Cause for such termination may include, but are not limited to:

- Violations of this Agreement (including failing at any time to meet any Eligibility Requirement) or any other policies or guidelines that are referenced herein and/or posted on the Services;

- A request by you, your agent, employee, or representative (or someone the Company reasonably believes to be so) to cancel or terminate your User Account;

- Discontinuance or material modification to the Service or any part thereof;

- A request or order from law enforcement, a judicial body, or other government agency;

- Provision of the Service, or any aspect thereof, to you being or becoming unlawful;

- Technical or security issues;

- Your misuse of your User Account or the Services, including any use that violates the intellectual property rights (e.g. copyright infringement) of the Company or any third party;

- Violation of Community Standards.

Any such termination or suspension shall be made by us in our sole discretion and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your User Account and/or access to the Service.

#### Access to Your Account and Content

You acknowledge and agree that we may access, use, preserve and/or disclose information we have collected from or about you, including data from your User Account, data collected from your use of the Services, data collected from devices you use to access the Services (including location data), and any other information you provide to us or we collect from you, for reasons including, but not limited to:

- Legal requirement to do so;

- Good faith belief that such access, use, preservation, or disclosure is reasonably necessary to:

    - Comply with legal process or request;

    - Enforce this Agreement, including investigation of any potential violation thereof;

    - Detect, prevent or otherwise address security, fraud or technical issues;

    - Protect the rights, property or safety of the Company, its users or the public as required or permitted by law;

- Communicating with you;

- Operating or improving the Services;

- Generally, as set forth in the Privacy Policy or any other part of this Agreement.

 Access and Connectivity

Network Access, Devices, and Related Expenses

You are responsible for obtaining the data network access necessary to use the Services.  Your internet provider’s data and messaging rates and fees may apply if you access the Services from your device(s).

You are responsible for any expenses imposed by your phone or internet provider as a result of your use of the Services and any steps you take in order to create a User Account or access the services (including, for example, accessing a website or downloading a mobile application), your