WELCOME TO COLLINSON CLO, INC (“COLLINSON,” “WE” OR “US”). THIS AGREEMENT GOVERNS AND AFFECTS YOUR RIGHTS AND OBLIGATIONS WITH COLLINSON AND THE CARD LINKED OFFER AND LOYALTY PROGRAM SERVICES (THE “COLLINSON SERVICE” OR “SERVICE”) WHICH COLLINSON PROVIDES THROUGH THE “MYLINKABLES.COM” DOMAIN NAME (THE “WEBSITE”) EITHER DIRECTLY OR THROUGH THE USE OF A COLLINSON MOBILE APP OR THIRD PARTY WEBSITE OR APP. BY REGISTERING TO USE THE COLLINSON SERVICE, OR BY ACCESSING THE COLLINSON SERVICE IN ANY MANNER, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE FOR THE SERVICES (INCLUDING WITHOUT LIMITATION ANY UPDATES, MODIFICATIONS, OR REINSTALLATION OF ANY SOFTWARE OR PATCHES TO ADDRESS SECURITY, INTEROPERABILITY AND/OR PERFORMANCE ISSUES), AS THE SAME MAY BE AMENDED FROM TIME TO TIME BY COLLINSON IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE. THE MOST CURRENT VERSION OF THIS AGREEMENT MAY BE FOUND BY CLICKING ON THE “TERMS OF SERVICE” LINK LOCATED ON THE WEBSITE. THE MOST CURRENT VERSION WILL SUPERSEDE ALL PREVIOUS VERSIONS. YOU ARE ENCOURAGED TO REVIEW MYLINKABLES.COM WEBSITE FOR THE LATEST VERSION OF THE TERMS OF SERVICE.
YOU AFFIRM THAT YOU ARE RESIDENT IN THE UNITED STATES AND THAT YOU WILL ONLY ACCESS THE WEBSITE THROUGH AN INTERNET SERVICE PROVIDER IN THE UNITED STATES, YOU ARE NOT USING A PROXY SERVER AND THAT YOU ARE NOT ACCESSING THE WEBSITE THROUGH AN AUXILIARY COMPUTER WHICH IS INTENDED TO DECEIVE YOUR GEOGRAPHIC LOCATION.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE OUR WEBSITE OR REGISTER FOR THE COLLINSON SERVICE.
Description of the service
The Collinson Service is the underlying technology that implements offers that reward consumers with loyalty points or discounts and/or cash back rebates (e.g., credits to your registered Payment Card) for shopping at specific retailers or purchasing specific products (collectively, “Offers” and each, an “Offer”). Offers may be provided by a retailer, a brand manufacturer or another party (collectively, “Sponsors” and each, a “Sponsor”). As used herein, “Payment Card” means your debit or credit card that you register with Collinson.
There are two types of Offers that are or may be supported by the Collinson Service: (a) “Card Linked Offers”, which are Offers that reward you with discounts or cash back rebates when you shop at specific retailers or purchase specific products, and for which we track your purchases automatically when you use your registered Payment Card, and (b) “Loyalty Program Offers” which provide loyalty points for a particular loyalty program (“Loyalty Program”) when you shop at participating retailers or purchase specific products, and for which we track your purchases automatically when you use your registered Payment Card.
Some Loyalty Programs are operated by third party loyalty providers who distribute the Offers of numerous retailers or brand manufacturers (“Loyalty Providers”). In some cases, as set forth in the Loyalty Program terms and conditions, the Loyalty Provider itself will provide the reward to you dependent on the rewards earned by you from one or more retailers and/or brand manufacturers participating in the Loyalty Program, and, in others, the retailers and/or brand manufacturers sponsoring the particular Offers comprising the such loyalty program will provide the reward to you. If the Loyalty Provider is obligated to provide the reward to you, it shall be the Sponsor of such Loyalty Program Offer hereunder.
Limitations on use
You must be at least 18 years old to use the Collinson Service. If you are not 18, you are not permitted to use the Collinson Service.
In order to use the Collinson Service, you must register with us and provide us with certain information at the time of registration. You agree to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your Collinson account information up to date and accurate, and to maintain a valid Payment Card registered with Collinson. You are responsible for your own registration and all use of the Collinson Service under it. You shall not share your password nor use the Collinson Service through using the registration of any third party. Your registration, and these terms are personal to you, and are not transferable by you to any third party without the prior written consent of Collinson. You may forfeit your rights to any benefits through the Service if you are not properly registered as set forth herein or comply with the terms hereof. If you fail to maintain a current and valid Payment Card with us, you will forfeit all benefits and rewards to which you would otherwise be entitled.
Payment Card Linking For Card Linked Offers and Loyalty Programs; Confirmation
The Collinson Service will allow you to link Card Linked Offers and Loyalty Program Offers to your chosen Payment Card. The linking process is initiated by your selecting such an Offer to be linked to a Payment Card. The selection process will vary based on the Offer medium and the Offer. With regard to Card Linked Offers, Collinson will send you an email or other electronic communication confirming that the selected Card Linked Offer has been linked to your Payment Card. Please note than a Card Linked Offer is not linked to your Payment Card until you receive confirmation. Registration of a Payment Card in a Loyalty Program is effective upon registration and use of the registered Payment Card in connection with a qualifying purchase. In such cases, your Payment Card will thereafter be automatically linked to all Sponsors participating in the Loyalty Program you have selected and to all Loyalty Program Offers associated with the Loyalty Program you have selected but you will not be notified when your Payment Card is linked to Loyalty Program Offers.
Once you receive confirmation and your Payment Card is linked to such Card Linked Offer and/or once you register for a Loyalty Program and use your registered Payment Card to make a qualifying purchase, when our systems or those of the applicable Payment Services Provider identify a purchase that complies with the Card Linked Offer or Loyalty Program requirements, unless you subsequently opt out of such Offer or the Loyalty Program and except as otherwise specified herein, (a) your purchase will automatically be credited toward your reward (e.g., your cash back rebate for Card Linked Offers or loyalty points for Loyalty Programs), and (b) if you select additional Offers, we will detect that you are registered with the Collinson Service and ask if you want to register for such Offer using the same Payment Card on file. If you agree, then we will link your registered Payment Card to such additional Offers. This will allow you to shop at participating retailers and automatically earn towards your cash back rebate or earn loyalty points for doing so.
Offer Terms and Conditions
Offers are subject to additional terms and conditions that are specific to the Offers. The Offer terms and conditions will be available to you by inclusion in, or hyperlink reference to, such terms and conditions in the advertisement, the Offer or email that promotes the Offer (or as part of the Card Linked Offer confirmation email), and such terms and conditions also will form part of this Agreement. Such terms and conditions may specify, without limitation: the identity of the Sponsor or Loyalty Provider honoring, sponsoring or hosting the Offer; the value of the Offer; the number of times a Card Linked Offer may be redeemed; the date and time on which an Offer expires or the period within which a Sponsor may track transactions; any merchandise and/or services excluded from an Offer; or that an Offer that may only be used with a specific Payment Card issuer. Copying, tampering with, altering, selling or otherwise dealing in any Offer is prohibited. Any fraudulent use of an Offer or use of the Offer in violation of this Agreement or the terms and conditions specific to the Offer renders the Offer void. Offers are void to the extent prohibited by law. Unless expressly allowed by the Sponsor or the Loyalty Provider, no Offer may be combined with any other offers, vouchers, certificates or promotions that may be offered by the Sponsor. If you accept any Offer, then you also expressly agree to be subject to the terms and conditions of that specific offer terms. While an Offer may be specific to the Sponsor that issued it, in certain circumstances it may also be used for the redemption of goods and services from another retailer. Further, some Offers may be sponsored or funded by a brand manufacturer, and may be available across multiple retailers. The Sponsor shall be solely responsible for all aspects of redemption of the Offer, including the quality of the goods and services, paying for or honoring the Offer, and any liabilities, injuries, losses or damages you may suffer in connection with the use or redemption of the Offer or the underlying goods or services purchased. You must comply with all applicable terms and conditions of the Offer in order to be eligible for the benefits of the Offer. Failure to satisfy the terms and conditions of an Offer will result in the forfeiture of any rights to the value of that Offer.
Card Linked Offer Redemption
A Card Linked Offer is redeemed by using the Payment Card to which a Card Linked Offer has been linked to make a purchase that complies with the specific Card Linked Offer terms and conditions. The Sponsor of such Offer is and will be exclusively responsible for funding such Offer. Collinson’ sole responsibility in connection with providing you the cash rebate for your redemption of such Offer is to arrange for the amount of such cash rebate to be credited to your registered Payment Card or to another payment mechanism authorized by you once such amount has been paid to Collinson by such Sponsor. Collinson will have no liability to you in the event that any Sponsor fails to honor such Offer unless Collinson is the Sponsor of such Offer. If you link two or more competing Card Linked Offers to your Payment Card, Collinson shall redeem the first Card Linked Offer that you linked to such Payment Card for the first transaction. Any subsequent Card Linked Offers that you link to your Payment Card shall be redeemed chronologically on a per transaction basis as they occur so long as the Card Linked Offer remains active and you make the qualifying purchase as set forth in the Card Linked Offer terms and conditions. If you fail to maintain your Payment Card or authorize and maintain another payment mechanism, you will forfeit the benefits to the redemption of such Offers. In the event the Sponsor fails to properly fund the Card Linked Offer by paying Collinson such amount(s), Collinson shall inform you by e-mail (or text if you have provided us with your cell phone number and consent for us to contact you by text) and instruct you to contact the Sponsor for follow-up instructions. Payment Services Providers (as defined below) are not responsible for discounts or offers that are not honored or fail to be credited.
Consumers that enroll in a Loyalty Program that reward consumers for purchases made during a certain period of time and not for a single purchase automatically receive Loyalty Program Offers associated with such Loyalty Program. Collinson provides the technology that supports a retailer’s or third party’s branded loyalty program. As such, Collinson does not provide and shall not be responsible for your participation in, access to, or inability to access a Loyalty Program. All benefits and services available through a retailer’s or third party’s branded loyalty program shall be the sole responsibility of that retailer or third party and any dispute or claim that you or any other person may have in connection with or related to a Loyalty Program powered by Collinson shall be brought to the attention of and resolved solely and directly with that retailer or third party.
Payment Card Account Access and Information
Collinson maintains agreements with banks, payment card networks and other Third Party Service Providers (collectively “Payment Services Provider”) to receive your transaction details and other necessary information to provide its Collinson Service. As used herein “Third Party Service Provider” means a third party that provides services to Collinson to enable Collinson to implement the Offers. By way of example, Collinson may have an agreement with your card issuing bank providing for the registration of your Payment Card so that the Payment Card can be linked to your selected Card Linked Offers or Loyalty Program Offer. Even if Collinson does not have an agreement with your Payment Card issuer, it has an agreement with another Payment Services Provider so that your Payment Card still can be linked to your Card Linked Offers and/or Loyalty Program Offers and the Payment Services Provider can provide your transaction data to Collinson. In some instances, for item level Offers you will not be required to manually link your Payment Card in connection with a transaction for which you will receive a benefit for such purchase. By using the Collinson Service, you understand that Collinson (and if applicable, a Payment Services Provider) may access third party sites as designated by you, on your behalf, and for the sole purpose of retrieving information requested by you, and to register for accounts requested by you (in this case, registering your Payment Card for the Offers). So that your Payment Card can be registered, you hereby grant Collinson (and, if applicable, a Payment Services Provider) authority to access third party internet sites, servers or documents, retrieve and provide personal financial information, and use such personal financial information, in order to provide the Services as described above. YOU ACKNOWLEDGE AND AGREE THAT WHEN COLLINSONS OR OUR THIRD PARTY SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, COLLINSON AND/OR OUR THIRD PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Third Party Service Providers, including the Payment Services Providers, shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. If Collinson or the Payment Services Provider has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your registration for an Offer may be suspended or terminated.
Special Notes for Visa ® Cardholders
By linking a Card Linked Offer and/or Loyalty Program Offer to your Visa card, you agree that Visa may perform the functions of the Payment Services Provider specified in these terms. Not all Visa cards are eligible for linking in connection with such Offers and not all transactions with your registered Visa card are tracked by Visa. Without limitation, Visa Corporate cards, Visa Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT Visa cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) Visa cards) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate.
Note to All Cardholders
By registering your Payment Card in connection with transaction monitoring for Card Linked Offers and Loyalty Program Offers, you authorize Collinson to share your payment card information with the applicable payment card network(s) (such as MasterCard, VISA, and American Express) so they know you enrolled. You authorize the applicable payment network(s) and Collinson to monitor transactions on your registered Payment Card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned a reward associated with a Card Linked Offer or Loyalty Program Offer linked to your Payment Card, and for the above payment card networks to share such transaction details with Collinson to enable your Card Linked Offer(s) and Offers associated with your Loyalty Program Offer. You may opt-out of transaction monitoring on specific Payment Card(s) you have registered by deleting your card from within the “My Account” page.
However, not all transactions made with your registered Payment Cards can be monitored by the payment card networks for purposes of the Collinson Service. You acknowledge that the payment card networks may be unable to monitor every transaction made with your enrolled Payment Card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Payment Card as a funding source but you do not present your card directly to the retailer), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the respective payment card networks payment systems, and that these transactions are not eligible.
Collinson does not charge consumers fees for the Collinson Service.
However, when you use the Collinson Service, you may be subject to charges imposed by your wireless or other applicable carrier or other service providers for usage of your mobile device or for text messaging. Payment of such charges is solely your responsibility.
As between you and Collinson, Collinson and/or its licensors are the sole owners of the Collinson Service and all text, images, sound, music, marks, logos, software, domains, and other content made available through it and on this Website (“Collinson Property”). The Collinson Property is protected by U.S. and international copyright and other intellectual property laws. The Collinson Property is intended for your own personal and non-commercial use only, and Collinson grants you a limited non-exclusive, and non-transferable license to use the Collinson Property solely on and in order to use the Collinson Service. Without limitation, this means that you may not sell, export, license, modify, copy, reproduce, reverse engineer, reverse compile, create derivative works of, distribute or transmit the Collinson Property (including, without limitation, any Java applets associated with the Collinson Service) without Collinson’ prior express written permission. Any unauthorized use of the Collinson Service will terminate the limited license granted by us.
Collinson and other marks, graphics, logos, icons and service names related to the Collinson Service are registered and unregistered trademarks or trade dress of Collinson. They may not be used without Collinson’ prior express written permission. All other trademarks not owned by Collinson that appear in connection with the Collinson Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Collinson.
Content You Provide
In the event you register your Payment Card with our Third Party Service Provider or directly through Collinson, you are licensing to Collinson and our Third Party Service Provider the information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Collinson Service. Collinson (and, if applicable, our Third Party Service Provider) may use, modify, display, distribute and create new material using such Content to provide the Collinson Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Collinson and our Third Party Service Provider may use the Content for the purposes set out above. As between Collinson and our Third Party Service Provider, Collinson owns your confidential Collinson information, understanding that the information will only be used for purposes of provision of the Collinson Service.
By using the Collinson Service, you consent to receiving electronic communications, including notices from Collinson and information about additional savings and new Offers by email, phone, text or other electronic means. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree not to engage in any inappropriate activity in connection with your use of the Collinson Service, including but not limited to uploading, posting, e-mailing or otherwise sending or transmitting any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Collinson Service; interfering with the servers or networks connected to the Collinson Service or violating any of the procedures, policies or regulations of networks connected to the Collinson Service, the terms of which are incorporated herein; impersonating any other person while using the Collinson Service; conducting yourself in a vulgar, offensive, harassing or objectionable manner while using the Collinson Service; using the Collinson Service for any unlawful purpose; and/or reselling or exporting the software associated with the Collinson Service. You shall comply with all applicable laws and regulations in connection with your use of the Collinson Service.
Use of Information and Comments Submitted
If you elect to submit any comments, information or ideas to Collinson about the Collinson Service (not including the personal information and Payment Card information you submit in order to use the Collinson Service), Collinson may use such comments, information or ideas without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Collinson Service or other products or services.
Disclaimer and Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE COLLINSON SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTY RETAILERS AND BRAND MANUFACTURERS) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLINSON AND ALL OF ITS THIRD PARTY SERVICE PROVIDERS (INCLUDING PAYMENT SERVICES PROVIDERS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. COLLINSON (AND, IF APPLICABLE, OUR THIRD PARTY SERVICE PROVIDERS, PARTICIPATING RETAILERS AND BRAND MANUFACTURERS) MAKES NO WARRANTY THAT (i) THE COLLINSON SERVICE OR REGISTRATION OF ANY PAYMENT CARD WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COLLINSON SERVICE OR REGISTRATION OF ANY PAYMENT CARD WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER GOODS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COLLINSON SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLINSON OR OUR THIRD PARTY SERVICE PROVIDERS THROUGH OR FROM THE COLLINSON SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU AGREE THAT NEITHER COLLINSON NOR OUR THIRD PARTY SERVICE PROVIDERS, PARTICIPATING RETAILERS AND BRAND MANUFACTURERS NOR, ANY OF ITS OR THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF ITS OR THEIR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COLLINSON OR OUR THIRD PARTY SERVICE PROVIDERS, RETAILERS AND SPONSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COLLINSON SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE COLLINSON SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE COLLINSON SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER WEBSITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE COLLINSON SERVICE.
You agree to protect, defend and hold harmless Collinson, Payment Services Providers, and our Third Party Service Providers, participating retailers and Sponsors, and each of their respective agents, employees, officers directors and affiliates, from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Collinson Service, the registration of your Payment Card with our Third Party service Provider(s) if applicable, your violation of these terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
Release of Collinson with Respect to Sponsors’ Obligations
If Collinson is not the sponsor of an Offer, You acknowledge that the applicable Sponsor and/or participating retailer is responsible for the redemption of or benefits available through the Offer and the quality of the goods and services supplied by Sponsors and/or participating retailers. You hereby release Collinson from any and all claims and liability related to any goods or services of any Sponsor and/or participating retail, any act or omission of any Sponsor or participating retailer, for any issues in connection with an Offer, and any act or omission of any other user of the Collinson Service. However, if Collinson is the Sponsor of an Offer, then it is responsible for the redemption of that Offer. Your Payment Card issuer is not responsible for discounts or Offers that are not honored or fail to be credited.
You acknowledge that you are aware of the following provisions of section 1542 of the California Civil Code (and similar provisions under other states’ law): “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You expressly and voluntarily waive each and all claims, rights, or benefits you have or may have, whether such claims are currently known, unknown, foreseen or unforeseen, under section 1542 of the California Civil Code, or any other similar law of any other jurisdiction, to the full extent that you may lawfully waive such claims, rights and benefits in connection with this release.
Disputes, Arbitration, Venue
You agree that this Agreement and any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law and equitable claims) between you and Collinson or its Payment Services Providers, and our Third Party Service Providers, arising from or relating to this Agreement, its application, interpretation or breach, termination or validity, the relationships which result from this Agreement, the Collinson Service, Collinson’ advertising or any related transaction (collectively, “Claims”) shall, to the maximum extent permitted by applicable law, (1) be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules, and (2) be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the Claim first knows or reasonably should know of the act, omission or default giving rise to the Claim; and there shall be no right to any remedy for any Claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the Claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of the Collinson Service and this Website and the terms of this Agreement shall be governed exclusively by the laws of the State of Massachusetts and the Federal Arbitration Act, without regard to conflict of laws provisions. FOR THE AVOIDANCE OF DOUBT, ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SUBJECT TO INDIVIDUAL BINDING ARBITRATION AND THE PARTIES WAIVE ALL RIGHTS TO PARTICIPATE IN OR ACT AS LEAD IN A CLASS ACTION.
Right to Suspend or Terminate
Collinson reserves the right in its sole discretion to suspend or terminate or restrict your use of the Collinson Service at any time, with or without notice, for any or no reason whatsoever. Without limitation of the foregoing, Collinson may in any event suspend or terminate your use of the Collinson Service in the event you breach any provision of this Agreement.
In no event shall Collinson be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Collinson’ reasonable control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement sets forth the entire understanding and agreement between you and Collinson with respect to the subject matter hereof.
To the extent your Payment Card is registered for an Offer through our Third Party Service Provider, you agree that our Third Party Service Provider is a third party beneficiary of this Agreement, with all rights to enforce such provisions as if our Third Party Service Provider were a party to this Agreement.
Collinson CLO, Inc.
50 Federal Street
Boston, MA 02210
This Agreement was last modified on 13th March 2018