WeSave

WeSave Member Terms and Conditions IF YOU ARE READING THIS, YOU HAVE READ AND ACCEPTED THE "MEMBER TERMS AND CONDITIONS AGREEMENT”. THE FOLLOWING TERMS AND CONDITIONS WILL BE LEGALLY BINDING EITHER UPON YOU PERSONALLY, IF YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF, OR UPON THE COMPANY OR OTHER LEGAL ENTITY ON BEHALF OF WHICH YOU ARE ACTING (HEREINAFTER “YOU” OR “YOUR”). THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF WESAVE SERVICES (“SERVICES”). BY USING THE SERVICES, YOU AGREE TO THESE MEMBER TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. We reserve the right to modify or amend at any time these Member Terms of Use and the methods through which WeSave Points are earned, and to suspend or terminate any participant if he/she does not comply with these Member Terms of Use. Welcome to the WeSave Network where Members shop with our Network Merchants (online Sellers as well as participating retail brick and mortar merchants) and earn WeSave Points and other rewards and apply them to future purchases to enjoy deeper savings while contributing back to their communities! 1. BECOMING A MEMBER/MEMBER ACCOUNT. In order to become a Member of the WeSave Network and enjoy the use of its Services, you will be required to register for a WESAVE Member Account. An Account may be made through such means as (i) you create an Account on the website or through the app, which at a minimum you will be required to have a valid email address and password), (ii) log in through a social media site, where an Account is created through information released from the social media site, (iii) or (iv) any other way. You may only maintain one Account. Such maintenance requires, and you agree to, provide up to date complete and accurate information, maintain and promptly update your Account information, and maintain your log in information and password (referred to as your “Credentials”). You agree that such log in information is confidential, that you will keep it secure, and that you accept all risk associated with it, including unauthorized access to your Account. Should your Credentials become compromised or you suspect any security breaches related to the Services, you agree to immediately notify WESAVE. You agree you shall not, (and shall not authorize) any act or omission that would sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant the same or similar rights in the Account provided by WESAVE under this Agreement to any other person or entity without the prior written consent of WESAVE. WESAVE may assign these Member Terms of Use, in whole or in part, at any time with or without notice to you. The Services are not directed to children under 13. By using the Services, you represent and warrant that (1) you are 13 years of age or older, or (2) that you are using the Services with the permission and under supervision a parent or legal guardian who agrees to be bound by these Member Terms. Our primary means of payment using this website is a credit card, which are not available to children under the age of 18, and generally may not be used by children without a parent or legal guardian who has given the child consent. We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13, unless that Account was opened and registered by the respective child’s parent or guardian and has verified consent for the Account. Please see our Privacy Policy for details. The use of the WESAVE Website is governed by the Website’s Terms of Use. When available, the download and use of the WESAVE Mobile Application shall be governed by the WESAVE Mobile Application License Agreement. Your privacy concerns are governed by the WESAVE Privacy Policy. These agreements and the terms therein are subject to change at any time and in our sole discretion. You are encouraged to review the Agreements and terms when using the Services and making purchases. WESAVE authorizes you, subject to these Member Terms of Use, to access and use the online WESAVE ecommerce platform and its Content solely for your personal, non-commercial use unless you are an authorized Seller. This license is revocable at any time without notice and with or without cause. The WESAVE ecommerce platform and the WeSave Services contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between you and WESAVE, all Content is the property of WESAVE or its licensors and is protected under copyright, trademark, and other laws.  2. MEMBER DASHBOARD/REFERRALS. When you register as a Member, you will have access to your own online, password-protected Member Dashboard. When you log in, you will be directed to your Dashboard. The Member Dashboard is your doorway to information, savings, and rewards. With one click you can go shopping on our WeSave ecommerce platform. You can track all your Qualified Purchases, check the balance of the WeSave Points™ you have earned or been awarded. You can see how much we donated to community projects on your behalf, access notifications, edit your Member Profile and refer your friends and family. You do not need to maintain a WeSave Points balance in your Account. If you accrue a balance of WeSave Points in your Account and you choose to apply them to a purchase transaction, the balance in your Dashboard will automatically be deducted and reconciled. See our WeSave Points Rules. At WeSave, we believe sharing is caring. We have a special revenue sharing model that rewards cooperation between our Sellers and Merchants. Both our online Sellers and our retail point of sale Merchants have agreed to pay a Referral Fee to us for sending our Members to them to shop. The Referral Fee is represented as WeSave Points and we share the Referral Fees with everyone involved in each purchase transaction. Therefore, when you make a Qualified Purchase, you will earn back a percentage of the Referral Fee in the form of WeSave Points. If you refer your family or friends and they become a Member, then you will also earn WeSave Points on the purchases they make for as long as your Account remains active. If you refer a Seller to us and we put that Seller’s products or services on our WeSave website, then you will earn WeSave Points whenever any other Member buys from that Seller. We also take a percentage of the Referral Fees we receive on everyone else’s purchases and donate it back to communities for their humanitarian, ecological, charitable or infrastructure projects. Your purchases have a positive ripple effect in the community. Therefore, we encourage you to go to your Dashboard and refer as many friends and Sellers as possible. Your friends, family and local communities will benefit from it and so will you! As described above and subject to this Agreement, you may from time to time refer potential customers (“Members”) or businesses that want to add their products to our digital product warehouse (“Sellers”). All Sellers that you refer are subject to a KYC background check and may or may not be accepted into the WeSave Network for any reason or no reason in our sole discretion without any obligation or liability to you. Member referrals are credited to whoever registers them first. Member registrations are automatically approved provided that a potential member has not previously registered for a WeSave Membership. In the event a referral of a potential member is disputed among one or more referrers, finders, or other persons, WESAVE alone shall determine which party will be credited with the Member referral without incurring any liability to the non-selected parties.  3. CLOSING YOUR ACCOUNT. You may deactivate your Account at any time by clicking the “deactivate” button in your Account’s “Member Profile” page. Upon Account deactivation, we will close your Account and cancel any pending transactions, and you will forfeit any WeSave Point balances associated with your Account, unless otherwise legally prohibited. You will remain liable for all obligations related to your Account even after the Account is closed. You are eligible to re-enroll after thirty (30) days from the cancellation of your Account. If you choose to re-enroll as a Member, then you will come in as a “new” Member and all previous referrals of friends or Sellers will not be associated with your new Account.  4. REFERRING: NON-EXCLUSIVITY. As a Member, you understand that you are a customer with an opportunity to refer others to participate in the WeSave Services and shall have no authority to enter into any agreements, obligations or commitments on WESAVE’s behalf, or to negotiate any terms with a potential member or Seller agreement with WESAVE. Further, you hereby agree to indemnify, defend, and hold WESAVE harmless and from any claims, actions, lawsuits, damages, awards or judgments arising out of any such agreements, obligations, or commitments undertaken by you or the breach thereof. You understand and acknowledge that WESAVE may enter into referral agreements or similar arrangements with other parties and that you shall have no rights under such agreements or to any WeSave Point rewards for potential members referred to WESAVE by others or identified and enrolled by WESAVE itself.  5. RELATIONSHIP. Members and WESAVE expressly intending that no employment, partnership, or joint venture relationship is created by this Agreement, hereby agree as follow: (i) neither you nor anyone employed by or acting for or on behalf of you shall ever be construed as an employee of WESAVE and WESAVE shall not be liable for employment taxes with respect to you or any of your employees (as applicable); (ii) you shall not make any commitment or incur any charge or expense in the name of WESAVE; (iii) you expressly acknowledge and agree that except to the extent expressly provided herein (i.e. WeSave Points), neither you nor anyone employed by or acting on your behalf shall receive or be entitled to any consideration, compensation or benefits of any kind from WESAVE.  6. REPRESENTATIONS, WARRANTIES AND COVENANTS. Member represents, warrants and covenants to WESAVE that upon registering as a Member and continuing for the term of this Agreement that neither the execution and delivery of this Agreement nor the use of WESAVE Services in accordance with the terms of this Agreement violates or will violate the provisions or obligations of any other agreements to which Member is a party or by which he/she/it is bound. 7. RESTRICTED ACTIVITIES. In connection with your use of our website, your Account, the WeSave Services, or in the course of your interactions with WESAVE, other Members, or third parties, you will not:  • Breach this Agreement, or any other agreement or policy that you have agreed to with WESAVE; • Violate any law, statute, ordinance, or regulation or engage in harassment of other Members, employees or agents; • Infringe WESAVE’s or any third party’s intellectual or proprietary property rights (such as copyright, patent, trademark, trade secret or other, or rights of publicity or privacy); • Provide misleading, inaccurate or false information; • Failure to cooperate in an investigation or failure to provide information needed for compliance with legal obligations of this Agreement; • Receive or attempt to receive funds from both WESAVE and a bank or credit card issuer for the same transaction, in the event of a dispute; • Control an Account that is linked to another Account that has engaged in any of these Restricted Activities; • Use your Account or the WeSave Services in a manner that WESAVE or credit card issuers (Visa, MasterCard, American Express, Discover) or any other electronic funds transfer network reasonably believes to be a violation of the card system or card association or network rules; • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any attack on the system including programming routines that may damage any system, data or Information (viruses, Trojans, worms or other computer programs or subroutines that detrimentally interfere with, surreptitiously intercept or expropriate information; or use any device, software or routine to affect or attempt to interfere with our website or the WeSave Services; use an anonymizing proxy; any automatic or manual process to monitor or copy our website without our prior written permission; and • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers. If we in our sole discretion, believe you have engaged in any Restricted Activities, to protect ourselves or any third party from any liability (fines, claims, fees), we may without limitation: close, suspend, or limit your access to your Account or the WeSave Services; update any inaccurate information you provided us; and hold your WeSave Points balance for up to 180 Days when needed to protect against the risk of liability. WESAVE, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the WeSave Services for any reason and at any time upon notice to you. If we find you have violated any part of the Restrictive Activities Policy, we reserve the right to refuse to provide the WeSave Services to you in the future or take legal action against you, or both. In the event WESAVE receives notice of a court order or other legal process that affect your Account, WESAVE will give notice of efforts it shall make to comply with a court order or other legal process, unless the court order or other process directs that WESAVE not provide you notice, in which case we won’t (due to the court superseding any notice obligation WESAVE has undertaken or agreed to under the terms of this Agreement). WESAVE has no duty or obligation to contest or appeal any such order or process. 8. UNAUTHORIZED ACTIVITY AND ERRORS. You should immediately notify WESAVE if you believe there has been unauthorized activity or any error on your Account, if your password has been lost or stolen or if your mobile device has been lost or stolen. For Errors or Unauthorized Transactions, you may send us an email at info@wesave.com. If you write to us, please provide us with the following information: a) your name and the email address registered to your Account, b) a description of any suspected errors with transactions and an explanation as to why you believe the transaction is incorrect or why you need more information to identify the transaction, and c) the dollar amount of any suspected Error or Unauthorized Transaction. After you notify us of any suspected Error or Unauthorized Transaction, or we otherwise learn of one, we will conduct an investigation to determine whether there has been an Error or Unauthorized Transaction that is eligible for refund. We will complete our investigation within 14 Days of the date we received your notification of the suspected Error or Unauthorized Transaction. In certain circumstances, we may need additional time to complete our investigation. If we determine that we need more time to complete our investigation, we may authorize you to create a separate account for use while the investigation is under way. We will inform you of our decision within 3 Business Days after completing our investigation. We will rectify any processing error that we discover. If the error results in awarding you less WeSave Points than the correct amount into your WESAVE Account, WESAVE will credit your Account for the difference. If the error results in your receipt of more WeSave Points than the correct amount to which you are entitled, WESAVE will debit the extra Points from your Account.  9. DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (I) WESAVE; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF WESAVE SERVICES; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ANY DISCLAIMING ENTITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THE DISCLAIMING ENTITIES OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.  10. LIMITATION OF LIABILITY. In no event will either party be liable to the other party for special, collateral, exemplary, punitive, indirect, incidental or consequential damages of any nature (including loss of goodwill, loss of profits or revenues, loss of data, loss of savings, loss of use, interruption of business or loss of Members) whether for breach of contract, negligence or under any other cause of action, that result from the relationship or the conduct of the parties arising out of or related to this Agreement, or the WeSave Services, even if such damages were foreseeable. In no event shall WESAVE be liable to you for an amount in excess of the total amount of WeSave Points awarded to you under this Agreement in the previous three (3) months. This Section 10 shall survive the termination of this Agreement.  11. INDEMNIFICATION. You agree to defend, indemnify, release and hold harmless WESAVE and its parent and subsidiary companies and its independent contractors, service providers and consultants, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the WeSave Services (collectively, the "Released Parties"), from any and all third party claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the WeSave Services (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the WeSave Services or Point rewards).  12. DISPUTES WITH WESAVE. You and WESAVE agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section with WESAVE. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved. Please, Contact WESAVE First. If a dispute arises between you and WESAVE or one of our Affiliate Operators, please contact WESAVE to try to resolve your dispute. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and WESAVE regarding the WeSave Services may be reported to Customer Service by sending us an email at info@wesave.com. Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and WESAVE, except as otherwise stated in this Agreement. Release of WESAVE. If you have a dispute with one or more WeSave Sellers, Merchants, Affiliate Operators or another Member with whom we cannot assist, you release WESAVE (our affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. The failure of WESAVE to exercise in any respect any right or remedy provided for herein shall not be deemed a continuing waiver or a waiver, partial or complete, of any future breach or any other right or remedy hereunder. Class Action Waiver. YOU AND WESAVE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration you and WESAVE each waive any right to a jury trial. You and WESAVE also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Agreement to Arbitrate. You and WESAVE each agree that any and all disputes or claims that have arisen or may arise between you and WESAVE shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. UNLESS BOTH YOU AND WESAVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WESAVE USERS. Arbitration Procedure. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different WESAVE users (Members, Sellers, Merchants) but is bound by rulings in prior arbitrations involving the same WESAVE user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will take place in Los Angeles County, California. Severability. With the exception of the provisions in the Class Action Waiver subsection of this Section, if a court decides that any part of this Disputes section is invalid or unenforceable, the other parts of this Section shall still apply. If a court decides that any of the provisions in the Class Action Waiver is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this Section (Disputes with WESAVE), will continue to apply. 13. Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Member Account and your use of WeSave Services. You agree that WESAVE may rely on your information as complete and accurate. Communications include, but are not limited to: agreements and policies you agree to (e.g., the WeSave Member Terms of Use, WeSave Points Rules, the WeSave Website Terms of Use, the WeSave Shipping and Return Policy, and the WeSave Privacy Policy), including updates to these agreements or policies; information related to any Member Account, including transaction information or confirmations and history, as well as federal and state tax statements which, when applicable, will be made available to you, such as an IRS form 1099 provided that you have provided us with a completed W-9 form and you have earned $600 or more from WESAVE. Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from WESAVE, you must provide your complete and accurate physical address for receipt of US mail.  Privacy Questions. If you have any questions comments or concerns regarding our Privacy Policy, please contact us at info@wesave.com or write to us at WeSave Rewards, 21050 Centre Pointe Pkwy. Santa Clarita, CA 91350. 14. TERM. This Agreement is effective upon the date you agree to it (by electronically indicating acceptance during your registration) and continues so long as you use the WeSave Service or until your Account is terminated by you or WESAVE. 15. CONFIDENTIAL INFORMATION. Any information that a WeSave Member is exposed to by virtue of his/her/its relationship with WESAVE under this Agreement, which information is not available to the general public, shall be considered to be “Confidential WeSave Information”. You may not disclose any Confidential WeSave Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from WESAVE. 16. FORCE MAJEURE. No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this Section will affect or excuse your liabilities and obligations, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and services. 17. ENTIRE AGREEMENT. This Agreement and the other corresponding policies, terms and conditions as noted in Section 13 above, constitute the entire agreement between WESAVE and you, and supersedes any prior understanding or representation of any kind preceding the date of your acceptance of this Agreement. There are no other promises, conditions, understandings, or covenants, whether oral or written, relating to the subject matter of this Agreement.  WeSave Rewards, LLC., October 2020

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