Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights. Cash Ronic makes available shopping programs through our website and related mobile and software applications (“Company Properties”) under these Terms and Conditions. Company is part of Cash Ronic, which includes the affiliates and subsidiaries of our parent company, Rakuten Group, Inc., based in Tokyo, Japan.
This Agreement constitutes a legally binding agreement between each individual who enrolls in any of the Programs or otherwise uses any one of the Company Properties. If you are a Member or use any of the Company Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE PROGRAM(S) AND TERMINATE YOUR PROGRAM ACCOUNT IMMEDIATELY.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY, EXCEPT FOR THOSE MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT IN THE EXCLUSIVE VENUE AS PROVIDED IN SECTION 23.2.
1.1 Cash Ronic may at its discretion modify, update, add to, discontinue, remove, or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. Cash Ronic may provide you with notices, including those regarding changes to these Terms and Conditions, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.
1.2 Your continued use of the Cash Ronic Property following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account by accessing your Account’s Privacy Preferences. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
2.1 Our Programs are not available to and should not be accessed or used by residents outside of the 50 United States or Washington D.C.. To become a Member, you must be at least 18 years old and provide your email address and password for Cash Ronic to create your Program account (“Account”). Each person is limited to one Account. To redeem certain offers and promotions and use services offered by our other Programs, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.
3.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Cash Ronic, You agree to try to resolve the dispute informally by submitting your request through our Member Services page. Please be sure to select “It’s something else” under Topics in your request. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or Cash Ronic may bring a formal proceeding.
4.1 You and Cash Ronic agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Cash Ronic’s business, any of the Programs or the Cash Ronic Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Cash Ronic’s employees, agents or any subsidiaries of Cash Ronic. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
4.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
4.3 CLASS ACTION WAIVER: YOU AND Cash Ronic ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Cash Ronic can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Cash Ronic further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
4.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at https://www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Cash Ronic will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California.
4.5 Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future, material change to this arbitration provision, you may reject any change by sending us written notice within thirty (30) calendar days of the change to Cash Ronic, [Address], Attn: Cash Ronic Legal. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which would still remain in effect.
4.6 This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to Cash Ronic, [Address], Attn: Legal within thirty (30) calendar days of enrolling as a Member or accessing a Company Property for the first time.
4.7 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
5.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Cash Ronic Properties for your personal use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Cash Ronic reserves the right to change, upgrade, or discontinue the Program, any Cash Ronic Property, and any feature of the Program or the Cash Ronic Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Cash Ronic or its licensors.
6.1 You agree that you will not, and will not permit others to: (i) damage, interfere with, or unreasonably overload the Cash Ronic Properties; (ii) introduce into the Cash Ronic Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications, and other content available through the Cash Ronic Properties (collectively, “Content”); (iv) access the Program or the Cash Ronic Properties by expert system, electronic agent, “bot,” or other automated means or frame the program or the Cash Ronic Properties within any applications; (v) use scripts or disguised redirects to derive financial benefit from Cash Ronic; (vi) modify, reverse engineer, reverse assemble, decompile, copy, or otherwise derive the source code of any Cash Ronic Property for any reason; (vii) rent, sell, or sublicense any of the Cash Ronic Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Cash Ronic Properties or attempt to circumvent any security, Content protection, or authentication measure associated with the Cash Ronic Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Cash Ronic Properties or within the Program that is defamatory, obscene, or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark, or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Cash Ronic Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative, or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices, or other processes to "scrape," "crawl," "spider," or index any page of Content from the Cash Ronic Properties; (xv) attack the Cash Ronic Properties via a denial-of-service attack, distributed denial-of-service attack, flooding, mail bombing, or crashing; or (xvi) otherwise attempt to interfere with the proper working of the Cash Ronic Properties.
7.1 Cash Back. We offer the ability for Members to earn cash back (“Cash Back”) on their purchases completed through the Cash Ronic Properties. Cash Ronic receives compensation for referring buyers to the retailers, brands, merchants, and other partners participating in this Program (“Affiliate Stores”). Cash Ronic gives a portion of this fee to its Members as Cash Back. Compensation received by Cash Ronic may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back are offered at the sole discretion of Cash Ronic and subject to your compliance with this Agreement.
(a) Online Cash Back. In order to earn Cash Back online, you must register for an Account, be signed in to one of the Cash Ronic Properties, use the shopping links within the Cash Ronic Properties, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Cash Ronic, your purchase might be associated with a service other than Cash Ronic, and you might not earn Cash Back on your purchase. If you disable “cookies” on your computer so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn Cash Back because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cash Back.
(b) In-Store Cash Back. Cash Ronic may also offer you the opportunity to earn Cash Back on purchases made in-store (“In-Store Cash Back”) at certain physical Affiliate Store locations. In order to be eligible for In-Store Cash Back, you must link your payment card to an “in-store” offer (“Card Linked Offer”) and subsequently use such payment card to complete the purchase transaction in accordance with the terms of the Card Linked Offer. The terms of the In-Store Cash Back Terms & Conditions and the terms accompanying each Card Linked Offer will govern how In-Store Cash Back is earned and paid to the extent they vary from this Agreement.
7.2 Browser Extension. Cash Ronic may make available a browser extension to enhance your Cash Back shopping experience (“Browser Extension”). Your use of Browser Extension is subject to the Cash Ronic Cash Back Button Privacy Notice and will govern to the extent they vary from this Agreement.
7.3 Gift Card Shop. Cash Ronic may offer a gift card purchase site (“Gift Card Shop”) to allow you to purchase gift cards from participating retailers, merchants, and other partners (“Gift Card Issuers”). Cash Ronic is not the gift card issuer or merchant of record for any gift card purchases made through the Gift Card Shop, and Cash Ronic shall not have any liability with respect to any gift cards you purchase through the Gift Card Shop. All gift card purchases made through the Gift Card Shop are subject to applicable Gift Card Issuer policies, including, without limitation, applicable shipping, privacy, and return policies. Please review all applicable Gift Card Issuer policies and redemption instructions prior to making your purchase. Your use of the Gift Card Shop is subject to the Gift Card Shop Terms of Sale and any other terms accompanying each gift card offer and will govern to the extent they vary from this Agreement. Gift card purchases are subject to daily limits, as determined by Cash Ronic in its sole discretion.
8.1 Cash Back is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. With the exception of purchases of gift cards through the Gift Card Shop which qualify for Cash Back, purchases with gift cards may not qualify for Cash Back if excluded in the terms of offer by an Affiliate Store. Cash Back amounts vary by Affiliate Store and product category and may contain exclusions in the terms of the offer and the applicable store page. Please review these terms carefully.
9.1 A product purchased from any Affiliate Store, whether online or in-store, is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation, or responsibility for any part of such correspondence, offer, or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Cash Ronic is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal.
10.1 Cash Ronic periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. Participation in our Refer-A-Friend Program or Welcome Bonus Program is subject, as they apply, to our Referral Program Terms or Welcome Bonus Program Terms. In order to be eligible for bonuses and other rewards offered by Cash Ronic, you, and as applicable any participants must be located and be a resident of the 50 United States or Washington D.C. Bonus offers cannot be stacked. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All bonuses and rewards are subject to review. Cash Ronic reserves the right to withhold, deny, or cancel any bonuses and/or rewards and/or terminate your Account if Cash Ronic, in its sole discretion, deems your redemption of any bonuses and/or rewards are fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with any terms and conditions that accompany any offer, this Agreement, or any other applicable law or regulation. Cash Ronic decisions are final.
11.1 Requirements. As a condition of payment of accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address. If you elect to receive payment via PayPal, you must provide a valid PayPal email address and not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime, or be a resident outside of the 50 United States or Washington D.C. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
11.2 Cash Back Payments. The minimum payment amount for Cash Back and other Cash Back Program rewards is $5.01. Balances below $5.01 remain in your Account for potential payment during the next payment period. Cash Ronic pays members in U.S. dollars via check, PayPal, or other payment options as Cash Ronic may make available from time to time. Members may select or change their payment options in the account settings through the Company Properties. Cash Ronic pays its Members accrued Cash Back and Cash Back Program related rewards in accordance with the current payment schedule. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Cash Ronic reserves the right to delay payment for any purchase based on Cash Ronic’s suspicion or detection of fraud with your Account, the misattribution of your Cash Back rewards by an Affiliate Store, any anomalies detected by Cash Ronic with your account, changes to Affiliate Store policies at any time. Cash Ronic also reserves the right to modify the payment schedule at any time. Cash Ronic is not responsible for payments delivered to the wrong address through no fault of Cash Ronic or for payment errors made by payment partners, like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to Cash Ronic, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 12.2 below or subject to state abandoned property law, unless you take the proper steps to restore your Account to Active status.
11.3 Gift Cards. Periodically, Cash Ronic may offer gift cards in connection with a promotion or as a redemption option for your Cash Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. Cash Ronic is not responsible for lost or stolen payments, including gift cards. Gift cards for sign-up bonuses are issued in the form of physical gift cards, require a United States address, and are only redeemable within the United States (excluding U.S. territories).
11.4 Donations. Cash Ronic may offer you the opportunity to donate a portion or all of your Cash Back earnings to a charity. Cash Ronic neither charges any fees for this service nor takes any percentage of the Cash Back earnings donated. Contributions made through Cash Ronic are not tax-deductible.
11.5 Account Adjustments. In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Cash Ronic policies and terms, the terms of the Affiliate Store offer, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of Cash Ronic. If an Affiliate Store fails to report a transaction to Cash Ronic or fails to make payment to Cash Ronic for any reason, Cash Ronic reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you believe that Cash Back has not been correctly credited to your account, you must contact Cash Ronic Member Services within ninety (90) days of the transaction. In addition, Cash Ronic may make account adjustments for any Cash Back that Cash Ronic, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with the Referral Program Terms, this Agreement, or any other applicable law or regulation. Cash Ronic decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.
11.6 Taxes. You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
12.1 Updating Your Account. You agree to keep your Account information current, complete, and accurate by periodically updating the information through the Company Properties. You must be logged into Cash Ronic and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the Company Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Cash Ronic is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
12.2 Account Activity. An Active Account means you must have shopped or started a shopping trip via the Company Properties within the past twelve (12) months. Except where prohibited by applicable law, if you have not shopped or started a shopping trip via the Company Properties for more than twelve (12) consecutive months, Cash Ronic reserves the right to debit your Account balance five dollars ($5.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by shopping or starting a shopping trip via the Company Properties or until your account balance is zero. If your account remains inactive for more than thirty-six (36) consecutive months and the balance in your inactive account is or becomes zero, Cash Ronic reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your account balance to become negative, and will not cause you to owe money to Cash Ronic.
15.1 When you access or use the Company Properties, we may make available services from one or more third parties (“Third-Party Platforms”). The Company Properties support Third-Party Platforms, including Apple, Facebook, and Google, to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”).
16.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews, and other information about our Programs (“Feedback”) through the Company Properties, by our member services or through one of our service providers, like Trustpilot. You hereby grant to Company and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.
17.1 By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Company Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
18.1 All right, title, and interest in the Program, the Company Properties, and the Content belong to Company or its licensors. Additionally, Company shall maintain all right, title, and interest in the “Cash Ronic” mark and any other marks, service marks, trademarks, or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or implies a partnership, sponsorship, or endorsement by Company. You shall not by any means bid on any keywords with any search engine containing “Cash Ronic” or anything substantially similar to “Cash Ronic”. You shall not mention or use Company in any ad text, extensions, or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
19.1 You agree to indemnify Company, our Affiliate Stores, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
20.1 THE PROGRAM, CONTENT, AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR VALIDITY OF THE PROGRAMS, CONTENT, OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION, ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. CASH RONIC DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, CASH RONIC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.
21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASH RONIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA, OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT CASH RONIC’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION, HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
22.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive per Section 12.2. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Company Property. You agree that Cash Ronic will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Company Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program by terminating your Account by accessing your Account’s Privacy Preferences. Upon any termination of the Program, your right to use and access the Program, and the Company Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.
23.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Cash Ronic and govern your use of the Program or Company Properties superseding any prior agreements between you and Cash Ronic with respect to the Program or Company Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Cash Ronic unless expressly confirmed in writing by Cash Ronic to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Cash Ronic services, Cash Ronic affiliate services, third party content or third party software.
23.2 Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between You and Cash Ronic, including the rights and duties of the parties, will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California.
23.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
23.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
23.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Cash Ronic has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.