iMobile Savings's Terms and Conditions
(Last update: Aug 2011)
By signing up and actively using the iMobile Savings program as a member or as an advertiser you agree to all terms and conditions set forth in this Agreement. iMobile Savings may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its members. Members will be informed of any and all changes to this Policy via an email to their primary contact email address provided upon signing up with iMobile Savings. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the iMobile Savings program following our posting of a change in policy notice or new Agreement on our site will constitute binding acceptance to the change.
Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on a Website.
If you have a dispute concerning any aspect of these Terms & Conditions, the Website or your participation in a Promotion entitlement to a Prize, you should first contact customer support on our Website or by completing a customer support ticket. If Customer Support doesn't resolve your dispute to your satisfaction, you can start a formal dispute proceeding by contacting us using the link on this website. Completing a Dispute Form will elevate your dispute and we will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of your Dispute Form. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/. You will need to email us the completed forms using the contact links on this website.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Texas. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of the Terms & Conditions, including this provision, are unenforceable. If you proceed to arbitration, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first register on our Website.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
Responsibility of members and advertisers
You must be 14 years of age or older, minors must have parental consent (and abide by their laws in their country of residence regarding 'working minimum age restrictions') to participate in this program. Our program is open to international members and is void where prohibited by local governing laws.
You agree to and must use your own name, email address, home address and any other correct information in the sign-up process and may not assume a false identity. You may not signup multiple times with different email addresses. Use of an Anon, Elite or Open Proxy is not allowed when signing up or using your account at iMobile Savings and may cause your account to be deleted.
You must be able to read and understand English.
You will use your username/password combination to access your account, it is your responsibility to keep this information confidential. You are solely responsible for any and all use of your iMobile Savings account including authorization by you to any third party individual who may use your account. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by iMobile Savings be detected it may result in member termination and possible legal action. Any members or advertisers that are known hackers, cheaters or have commited any other illegal or fraudulent activities elsewhere will have his/her account terminated.
You agree to receive email advertising and other forms of advertising from iMobile Savings. At times, we may share your information with interested third parties. Your account, earnings and referrals are NOT transferable either freely or for remuneration.
There is a maximum account lifetime of 30 days under which a user can be paid. Any user who does not reach the minimum payout amount (currently $10) within 30 days of signing up will forefeit their total account balance, and it will go to $0.
Short Message Service We may make available a service either directly or through third parties by which you can receive commercial text messages on your wireless device via short message service ("SMS Service"). Your provider's standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. Company will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. You may opt out of the SMS Service at any time by replying "STOP", "END", or "QUIT" to the SMS text message you have received.
Relationship of the parties
You and iMobile Savings are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and iMobile Savings. You understand that you do not have authority to make or accept any offers or make any representations on behalf of iMobile Savings. You may not make any statement, whether on your site or otherwise, that would contradict anything in this Section. You are solely responsible for the reporting and payment of any taxes for money earned while using the iMobile Savings program.
Limitation of liability
iMobile Savings will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or iMobile Savings program, even if iMobile Savings has been advised of the possibility of such damages. Furthermore, iMobile Savings aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.
Members may earn by viewing/completing paid ads delivered to them by iMobile Savings from our network of advertisers. Members may earn by referring new members to the iMobile Savings program. Members are paid using the payment method of their choice (from a list of available methods). Members can request payment when their cash balance reaches the minimum payout rate set by iMobile Savings. There may be, however, fees deducted by the payment processor or bank of the members' choice.
You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. Failure to comply will result in immediate termination of your membership with iMobile Savings and may result in legal prosecution. iMobile Savings strictly enforces anti-spamming laws. Spamming is a federal crime. Any member caught spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for Spamming as we shall cooperate with any authorities and investigations that may arise from the Spamming incident.
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