Terms of Use

Last revised – October 14, 2019

THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU (“YOU,” THE “USER,” OR “YOUR”) AND EARNY INC. (“EARNY”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE EARNY’S INTERNET PROPERTIES, INCLUDING ITS WEBSITE LOCATED AT http://www.earny.co AS WELL AS ALL ASSOCIATED SITES (COLLECTIVELY, THE “SITE”),WEBSITE EXTENSIONS, AND ANY SOFTWARE THAT EARNY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SERVICES FROM A MOBILE DEVICE (A “MOBILE APPLICATION”), AND ALL RELATED CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE MOBILE APPLICATION  (COLLECTIVELY ALL OF THE ABOVE, THE “SERVICE”).  BY USING THE SERVICE, YOU ARE AGREEING TO ALL OF THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE, OR ANY INFORMATION CONTAINED ON THE SERVICE.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.

These Terms of Use incorporate our Privacy Policy, and the provisions of our Privacy Policy are binding on both parties.

• 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 Use.
• 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 Use. 
• 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.

Qualifying Purchase. You can only receive Cash Savings when you use your Account to access an Earny Partner’s site using the Mobile Application and making a purchase during that shopping session (“Qualifying Purchase”). You must be logged into your Account and start the transaction using the Mobile Application during Qualifying Purchase. You are eligible to receive a certain percentage of each Qualifying Purchase as Cash Savings. We will notify you in advance of your making the Qualifying Purchase the amount of Cash Savings you are eligible to receive. 

Redeeming Cash Savings. Subject to the restrictions in these Terms, you will be able to redeem your Cash Savings at any time through your Account. Your Cash Savings will be represented on your Account as a balance (“Cash Savings Balance”). We will update your Cash Savings Balance on your Account on at least a monthly basis starting with the 1st day of each month. It may take several weeks for the Cash Savings to be reflected in your Account. We will notify you when your Cash Savings Balance will be eligible for redemption, which will be no later than 30 days from the date of Qualifying Purchase.

You must have a minimum of $15 in aggregate Cash Savings Balance and Referral Balance to redeem your Account.

Expiration of Cash Savings. Your Cash Savings do not expire. If you do not use your Account for 12 months, we will automatically transfer the balance to the Account you registered using our Service. If the debit card registered with your Account expires, your Cash Savings Balance may be subject to Dormant Account terms described below.

Inactivity Fees. Your Account may be subject to certain administrative fees for nonuse. Your Account is considered inactive when you do not do any of the following:

• Use the Services to make or attempt to make a purchase;
• Update your Account information in any way including any changes to your card information, your address, or contact information;
• Participated in the Referral Program;
• Received Cash Savings by making a Qualifying Offer; or
• Have logged into your Account.

If your Account remains inactive for more than 12 consecutive months, we may charge you an administrative fee for maintaining your Account (“Inactivity Fee”). The Inactivity Fee will be $3 per month and we will collect the Inactivity Fee from any balance on your Account. We will continue to collect the Inactivity Fee until your Account becomes active or until the balance of your Account reaches $0. Inactivity Fees are nonrefundable.

• Password Restricted Areas of the Service

You must register an Account with Earny (“Account”) to use the Service. To register an Account, 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 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, credit card companies, and the benefits and claims administrators and service providers of credit card companies (including any service providers that process the claims or facilitate the processing of the claims on behalf of such companies) ( collectively, “Providers”), price protection refunds (“Refunds”), with respect to items, products and services you may acquire from time to time (“Items”).

You also explicitly authorize Earny to access and monitor your email Accounts for the purpose of facilitating hotel reservation offerings, including identifying more favorable pricing for hotel reservations you may make.  If we identify a hotel reservation receipt while monitoring your email Account, we may email you a link to a third party site to reserve the same or similar hotel room and a cheaper price than your reservation.  Earny’s services is intended to provide you with a lower cost option for the same or similar hotel room, but you are responsible for securing the new hotel room reservation and for cancelling your prior hotel reservation, and Earny will not be responsible for any fees (including cancellation fees) in connection with such transactions.  Earny is also not responsible for ensuring that the new hotel room is the exact same room as your previous hotel reservation, so you are responsible for verifying the hotel room at the time of your reservation.  In addition, if we identify a flight reservation receipt in your email Account, we may email you a link to an Earny website for hotel reservations in the destination city.

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 use. 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.

If you have opted for the monthly or yearly Subscription (each a “Subscription”), in cases where Earny is not able to secure a Refund on your behalf, Earny will provide you instructions and necessary documents in order for you to submit a claim for the Refund.

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 either (a) the Subscription Fee if you have opted for the Subscription or (b)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 (if you have not opted for the Subscription); (iii) if you have not opted for the Subscription, 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 (if you have not opted for the Subscription); 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, if you have not opted for the Subscription, 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 [e-mail]. 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 [e-mail].

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 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.

You have the right at any time to opt for a monthly or yearly subscription that adds additional functionality over the free Earny Service (the “Subscription Service”).  We charge a fee to access the additional functionality of the Subscription Service. The Subscription Service allows you to keep 100% of Refunds and Earny provides information and resources to enable you to obtain Refunds in cases where Earny is unable to obtain the Refund on your behalf.

By providing a credit card or other payment method accepted by Earny ("Payment Method") for the Subscription Service, you are expressly agreeing that we are authorized to charge to the Payment Method a Subscription fee and any applicable taxes in connection with your election to the Subscription Service. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Earny Site and viewing your Account details. When you provide a Payment Method to access a Subscription, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your Account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.  You may terminate your Subscription Service at any time and convert to the free Earny Service.

As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The Subscription fee will be billed at the beginning of your Subscription and on each periodic renewal date thereafter unless and until you cancel the Subscription Service or your Subscription Service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the Earny Site and view your Account details.

If you purchase a Subscription, you will be charged the annual or monthly Subscription fee, as applicable, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year or month, as applicable, on the anniversary of the commencement of your Subscription, using the billing information you have provided until you cancel your Subscription. We will send you a reminder at least fourteen (14) days prior to each renewal with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Earny. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.To see the commencement date for your next renewal period, log in on the Earny Site and view your Account details.

We automatically bill your Payment Method on the calendar day corresponding to commencement of your Subscription. Where applicable, charges may be prorated for any partial month of service. The interval of time between each recurring payment due date shall correspond to the term of your Subscription and be referred to herein as a "Billing Period." In the event your Subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a Subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.

Earny reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Earny changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.

Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the Account or the Subscription Service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your Account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Earny Account and following the instructions on your Account page on the Earny Site or in the settings of our mobile application.

It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

• Registration Incentive and Referrals
  

  These Referral Program Terms and Conditions (“Terms”) govern your participation in the Earny, Inc. Referral Program (the “Program”). The Program allows Earny Members to earn referral balance that can be cashed out via the Earny app. 

  By participating in the Program, referral and referees, without limitation or qualification, to be bound by these Terms, which are in addition and subject to our Terms of Use and Privacy Policy. Terms that are not defined herein will have the same meaning given to them in the Terms of Use. If you do not agree and abide by these Terms in their entirety, you are not authorized to participate in the Program.

  General

  You may have the ability to receive a referral fee for users of the Service or Services referred through your use of the Service. You might be entitled to receive a referral fee of $5 USD for each user that successfully creates an Earny Account using your referral link and makes a cash back order. To cash out such referral fees, tap the “cash out” button within the App. 

  Qualified Referrals

  A qualified referral must:

  1. Click on your personal link, which you can create by accessing Earny's referral feature through the Friends screen.
  2. Sign up as a new member using your personal link 
  3. Subscribe to Earny
  4. Successfully pay his/her first payment for an Earny subscription
  5. Not have received any form of reimbursement for his/her first payment to Earny within the first 30 days of subscription

  Note: If the referral does not complete the sign-up using your custom link, you will not be not be credited for that referral and will not be eligible for the Credit, even if the referral subsequently registers. 

  Eligibility

  You might be entitled to receive a referral fee of $5 USD for each user that successfully registers for a new Earny Account using your referral link and makes a cash back order, if you abide by the following:

  
  
  • Are a legal resident of the United States
  • Are at least 18 years of age
  • Have an active Earny Account
  • Are in good standing with Earny and have no outstanding balances owed.

  Credit will be automatically awarded into your Earny balance 31 days post-subscription, should you follow all of the conditions above. 

  Restrictions

  The following is a list of actions that are not permitted via the Earny Referral program and will disqualify you. 

  
  
  1. Self-referral
  2. Creating multiple Accounts with the same name, or other identifying feature
  3. Creating fake Accounts, blogs, web pages, profiles, websites, links or messages
  4. Bulk distribution to strangers
  5. Bidding on keywords containing "Earny" 
  6. Paid advertising for the purpose of generating traffic directly to your referral link
  7. Creating content that is disparaging or defamatory towards Earny 

  We reserve the right to withhold, deny, remove or cancel any bonuses and/or rewards and/or terminate your Account if Company should an Account seem fraudulent, abusive or suspicious.

  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.

  Termination

  We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.

• Earny Cash Savings

• Subject to these Terms, you can also use our Service to save money for certain Qualifying Purchases (defined below) and other activities (“Cash Savings”). We work with certain merchants (“Earny Partner”) to help connect them with our customers. When we receive cash rewards for referring our customers to an Earny Partner, we will pass a portion of those savings to you (“Cash Savings”). You must use the Service to make a Qualifying Purchase to be eligible to receive Cashing Savings in your Account. 

• Electronic Communications
  
  By using the Service, you consent to receiving electronic communications from Earny.  In addition, you agree that we may send informational text messages via an automatic
  telephone dialing system to the telephone number you provide. To opt-out of receiving
  text messages from Earny, please email [e-mail] or reply STOP via SMS. 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
  
  The Service may be linked to other web sites that are not Earny sites, including, without limitation, social networking, blogging, email, hotel reservations and similar websites through which you are able to log into the Service using your existing Account and log-in credentials for such third-party sites, including, without limitation, Gmail, Outlook, Yahoo Mail, and Amazon (any and all of which of the foregoing listed websites may change from time to time) and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”).  Certain areas of the Service may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site Account to permit your activities on the Service to be shared with your contacts in your Third-Party Site Account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Service.  In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Earny, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites.  Earny is providing links to the Third-Party Sites to you as a convenience, and Earny does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT EARNY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
• 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 © [2016] 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 [e-mail], 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.

• Feedback
  
  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.

• IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND EARNY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE ARBITRATION AGREEMENT LOCATED HERE FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

• General

Earny prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by Earny, may result in immediate termination of your access to the Service without prior notice to you.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.  Except for Disputes subject to arbitration as described in the Arbitration Agreement, any disputes relating to these Terms or the Service will be heard in the courts located in Los Angeles County in the State of California.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Earny’s failure to enforce any of these Terms is not a waiver of such term.  These Terms, together with the Privacy Policy and Arbitration Agreement, are the entire agreement between you and Earny and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Earny about the Service.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

• 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 [e-mail].  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 [phone] or [phone] or Hearing Impaired at TDD [phone] or TDD [phone].
• 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 3^RD 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).

• Changes
  
  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.
• Privacy Policy
  
  Please review Earny’s Privacy Policy, which is available at http://www.earny.co/privacy (the “Privacy Policy”) which explains how we use information that you submit to Earny.
• Contact Us
  
  If you have questions or comments regarding using the Service, you may contact Earny Customer Service by sending an email to [e-mail]. You can also visit our offices or send us mail to: 1728 Olympic Blvd, Santa Monica CA 90404 (Attention: Earny Customer Service).

Happy Earnings!