Last revised – December 5, 2018
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.
- General Use
By using the Service, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Service with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Service and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and fully indemnify and hold harmless Earny if the Minor breaches any of these terms. If you are not at least 13 years old, you may not use the Service at any time or in any manner or submit any information to Earny or the Service.
Earny provides content through the Service that is copyrighted and/or trademarked work or Earny or Earny’s third-party licensors and suppliers or other users of the Service (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Earny hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Service solely for your personal use. Except for the foregoing license, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works or, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.
- Mobile Applications
Earny makes available Mobile Applications to access the Service via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Earny does not warrant that the Mobile Application will be compatible with your mobile device. Earny hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Earny may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Earny and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Earny provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Earny only, and not with Apple, Inc. (“Apple”).
- Your use of Earny’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Earny, and not Apple, are solely responsible for our iOS App and the Service and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Earny, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Earny, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Earny’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Earny provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Earny only, and not with Google, Inc. (“Google”).
- Your use of Earny’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Earny, and not Google, is solely responsible for Earny’s Android App and the Service and Content available thereon. Google has no obligation or liability to you with respect to Earny’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Earny’s Android App.
- Password Restricted Areas of the Service
If you desire to register for an account with Earny, you must either provide Earny with your first and last name, your email address and the password for such email address or register for an account on the Service using your existing account and log-in credentials for Gmail, Outlook, Yahoo Mail accounts or other email providers (each, a “Third-Party Site Password”). Once you have submitted your account registration information, the Earny administrator shall have the right to approve or reject the requested registration, in the Earny administrator’s sole discretion.
You are responsible for maintaining the confidentiality of any Third-Party Site Password (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Earny if any of your Passwords on the Service is lost, stolen, if you are aware of any unauthorized use of your Passwords on the Service or if you know of any other breach of security in relation to the Service.
All the information that you provide when registering for an account and otherwise through the Service must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
- Earny Services
By registering for an account, you explicitly authorize Earny to facilitate tracking of price protection benefits and appoint Earny as your agent (including acting as an attorney in fact) solely for the limited purpose of claiming on your behalf, from retailers, credit card issuers and credit card companies (“Providers”), price protection refunds (“Refunds”), with respect to items, products and services you may acquire from time to time (“Items”).
Certain elements of the Service may depend on or be enhanced by Earny’s ability to access, track and use in your name certain accounts maintained by you with third parties, such as your email account, bank accounts and/or credit card accounts, to which you provide us your log-in credentials, and by Earny’s ability to sign and submit Refund requests in your name. You hereby appoint us as your limited agent, and by providing us with log-in credentials for such accounts, you explicitly permit us to regularly review the contents of such accounts, including accessing bank account and credit card statements and using the features of such accounts to provide you with the Service. You warrant that such access and use is permitted under the relevant account’s terms of service. Similarly, by using the Service, you explicitly authorize and direct us (and give us the right to authorize on your behalf) (i) to verify all information and documentation provided by you, and to receive and exchange information about you with Providers; and (ii) to sign and submit, in your name and on your behalf, such Refund requests as we may see fit. [You further acknowledge and agree that Earny may employ third party services to utilize your credentials to access the information Earny requires].
By using the Service in order to track price protection benefits payable with respect to an Item, you (i) agree to keep an updated payment method with which to pay Earny, upon Refund(s) with respect to the Item being acknowledged by applicable Provider, a Success Fee at such rate as may be presented from time to time on the Service; (ii) agree to check the Success Fee rate which Earny may update from time to time; (iii) authorize Earny to collect such Success Fee of 25% of every Refund through any payment method communicated by you to Earny; (iv) agree and acknowledge that Earny may, at their sole discretion, update, alter or amend the Success Fee from time to time; and (v) acknowledge and agree that you will not use any other service(s) to track price protection benefits, submit Refund requests, or otherwise use services duplicative of the Service including without limitation using any other service(s) to submit duplicative or overlapping Refund requests with respect to an Item or Items.
At the end of each month, Earny will electronically provide you with an invoice of Success Fees owed. If you dispute the amount of the invoice, you have five (5) days from the receipt of the same in which to object to such amounts by notifying Earny at email@example.com. Following this period, Earny will charge the card on file the Success Fees.
If you believe you were charged in error, please notify us at firstname.lastname@example.org.
Without limiting any other disclaimers of warranty contained herein, Earny makes no warranties with respect to the benefit of using the Service as opposed to alternative methods of tracking and claiming Refunds, the chances of success of any Refund claims submitted through the Service, or that Refunds claimed through the Service reflect the maximum Refund available with respect to the relevant Item. EARNY SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO INABILITY OR LOSS OF OPPORTUNITY TO CLAIM REFUNDS WITH RESPECT TO ITEMS.
You explicitly acknowledge that in order to claim certain Refunds, you may be required to submit of additional information and documents to Earny or to such other entity as Earny may direct. EARNY SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO LOSS OR EXPOSURE OF ANY SUCH INFORMATION OR DOCUMENTS.
Notwithstanding anything herein to the contrary, the agency appointment granted herein shall be and remain in full force and effect, until due written notice of its revocation shall have been given to Earny and/or until your Account terminates for any reason.
- Registration Incentive and Referrals
You may receive a $5 registration incentive credit (pursuant to the terms of this Section) if you (i) have not previously created an Earny account; (ii) receive a referral invitation email from another user of the Service; and (iii) successfully create an Earny account using the link in such referral invitation email. In order to cash out such registration incentive credit, you must, prior to January 1, 2019, (i) have at least $10 total in your Earny account comprised of (x) any referral fees (as explained below) and (y) the registration incentive credit; and (ii) tap the “cash out” button within the App.
You have the ability to receive a referral fee for users of the Service or Services referred through your use of the Service. In order to be eligible to receive this referral fee, you must share the Service using the features embedded on the Service. If a user successfully creates an Earny account using your referral, you will be entitled to receive a referral fee of 5% of total Refunds received by such user and any user directly referred (pursuant to this Section) by such user prior to January 1, 2019. In order to cash out such referral fees, you must, prior to January 1, 2019, (i) have at least $10 total comprised of (x) such referral fees and (y) any registration incentive credit; and (ii) tap the “cash out” button within the App. Earny may, in its sole discretion, remove any balance of referral fees and/or registration incentive credits that have not been cashed out by January 1, 2019.
If there is a question as to whether a transaction qualifies for a registration incentive credit or referral fee under this Section, Earny shall determine the matter in good faith. Earny’s decision will be final and controlling.
- Electronic Communications
By using the Service, you consent to receiving electronic communications from Earny. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with Earny. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Links to Third-Party Sites
- Unauthorized Activities
When using the Service, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Service.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on the Service.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Earny reserves the right to terminate access to your account, your ability to post to or use the Service. Earny may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Earny’s discretion, Earny will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on the Service may violate certain laws and regulations.
You agree to indemnify and hold Earny and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Earny or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
- Proprietary Rights
Earny is a trademark of Earny, Inc. in the United States. Other trademarks, names and logos on the Service are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Service, including documents, services, Service design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Earny, Inc., Copyright ©  Earny, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
- Notice of Infringement
If you have cause to believe any Services’ content to be in violation of the terms hereunder or an infringement under any applicable law, we would appreciate it if you would notify us of such content via email to email@example.com, stating the violating content and the nature of the violation.
- Eligibility and Residence
Earny controls and operates the Service from its headquarters in the United States of America to residents of the United States, and the Materials may not be appropriate or available for use in other locations. Therefore, to be eligible to use the Service, you must be a resident of the United States of America. By registering to use the service, you represent that you reside in the United States of America.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Earny, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, any Services offered through the Service or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Earny is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Earny is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Dispute Resolution and Arbitration; Class Action Waiver
You hereby agree to the binding Arbitration Agreement located HERE.
- California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service and Service are provided by Earny, ATTN: Earny Customer Service, 1728 Olympic Blvd, Santa Monica CA 90404. If you have a question or complaint regarding the Service or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing Earny, ATTN: Earny Customer Service, 1728 Olympic Blvd, Santa Monica CA 90404. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Disclaimer of Warranties
Your use of the Service is at your own risk. The Materials have not been verified or authenticated in whole or in part by Earny, and they may include inaccuracies or typographical or other errors. Earny does not warrant the accuracy of timeliness of the Materials contained on the Service. Earny has no liability for any errors or omissions in the Materials, whether provided by Earny, our licensors or suppliers or other users.
EARNY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EARNY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
- Limitations and Exclusions of Liability
EARNY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARNY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF EARNY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE ABOVE, SHOULD THE FOREGOING EXCLUSION BE HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OR NON-AVAILABILITY OF THE SERVICE, INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY ACCOUNT CONTENT OR INFORMATION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE SERVICE; OR (B) ONE HUNDRED DOLLARS (US$100).
Earny may make changes to the content and Services offered on the Service at any time. Earny can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service. If you do not agree to any of the updated Terms, you must stop using the Service.
- Contact Us
If you have questions or comments regarding using the Service, you may contact Earny Customer Service by sending an email to email@example.com. You can also visit our offices or send us mail to: 1728 Olympic Blvd, Santa Monica CA 90404 (Attention: Earny Customer Service).