QuadPay, Inc. User Incentive Program Terms and Conditions
QuadPay, Inc. (“we”, “QuadPay” or “Company”), may at times offer users in the United States (“you”) opportunities (“Offers”) to earn user incentives (“Rewards”) via a bonus program (“Program”) offered on our mobile application or the web site located at https://www.quadpay.com/ (in either case, the “Platform”).
- Binding Agreement. By using the Platform or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company’s decisions are final and binding. These Terms incorporate by reference and are subject to the Company’s Customer Agreement available at https://www.quadpay.com/quadpay-terms-of-service/ (Capitalized terms not otherwise defined shall have the meanings set forth in the Customer Agreement.)
- Eligibility. If you are under the age of legal majority in your state, then you may not use or access QuadPay Platform. Children under 13 years old are prohibited from accessing the QuadPay Platform or otherwise providing any personal information to QuadPay. Specific Offers may be made available under the Program to individual users, in which case such Offers are personal and non-transferrable. Other Offers made available under the Program may be available generally to classes of users or to all users, as indicated in the Offers themselves.
- How the Program Works. You may earn a Reward under the Program by clicking through the invitation link provided by QuadPay, if any, and completing the required actions detailed in the Offer. For any given Offer, you may earn the related Reward only once. Any Offer will expire when indicated in the Offer, provided that if no expiration date is provided, the Offer expires 30 days from its issuance.
- Restrictions. Users cannot refer themselves or create multiple, fictitious or fake accounts with the Company in order to accept an Offer multiple times. You may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of Offers or personal links on any website or social media platform. If we believe that a link or Offer associated with your account was used in such a manner, we have the right to revoke all Rewards granted to you and/or remove you from our Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Neither Redeemable Nor Transferable. Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
- Liability. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY QUADPAY, OR THE COST OF SUBSTITUTE SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE QUADPAY PLATFORM OR QUADPAY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless QuadPay and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Losses incurred in connection with (i) your use or inability to use the QuadPay Platform or Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your account to the QuadPay Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Losses resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. QuadPay reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of QuadPay. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE FIFTY DOLLARS ($50).
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE QUADPAY PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QUADPAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE QUADPAY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE QUADPAY PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE QUADPAY PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
- Taxes. If you receive a Reward under the Program, you are responsible for all applicable taxes and fees resulting from it.
Severability. If any provision in these Terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity of and enforceability of the remaining provisions.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate these Terms or the Program at any time for any reason in our sole discretion. We reserve the right to disqualify any user at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.
- Amazon Disclaimer. This section applies to any promotion involving gift cards or promo codes issued by Amazon.com. Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com eGift Cards (“GCs“) cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, LLC, a Washington limited liability company. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.
Last Updated: 11/11/2020