Agreement to Terms
We reserve all rights not expressly granted to you. If you wish to use the Services in a way not authorized by these Terms, you must receive our permission prior to such use.
Changes to Terms or Services
Achievemint reserves the right to modify or terminate these Terms, at any time, without prior notice, and at Achievemint's sole discretion. The modified version of the Terms (the "Modified Terms") shall be posted on the Site. You agree that you will periodically review these Terms. Achievemint may also, at its sole discretion, notify you of Modified Terms through direct communication, such as by email or account notifications. It is important for you to review Modified Terms, because your continued use of the Services after Achievemint has posted the Modified Terms will indicate that you agree to be bound by such Modified Terms. If you don't agree to be bound by any posted Modified Terms, your permission to access and use the Services will be revoked and you agree to thereafter cease all access to and use of the Services and to terminate your Account (defined below). Because Achievemint's Services continue to evolve over time, Achievemint may change or discontinue all or any part of the Services. Achievemint reserves the right to make such changes or discontinuations at any time, without prior notice, and at our sole discretion.
Who May Use the Services
You may use the services only if you are 18 years or older and not barred from using the Services by applicable law. The Program and Services are maintained for the benefit and participation of individual Account holders (each a "Member") only, and each Member may maintain only one Account. Duplicate Accounts will be subject to cancellation.
United States Only
Our Programs and Services are administered in the United States (“US”) and are solely intended for US users. You may not use our Programs and Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. In order to redeem Rewards, you must be a current resident of the United States.
If you want to use certain features of the Services, you will need to create an Achievemint account (an "Account"). You can do this via the Site, through many of our Achievemint Partners' websites and applications, and through certain third-party social-networking services, such as Facebook or Twitter (certain "SNS Accounts"). If you choose the SNS Account option, Achievemint will create your Account by extracting certain personal information from your SNS Account, such as your name, email address, and other personal information that your privacy settings on the SNS Account permit Achievemint to access.
Program Rules. Accounts, memberships in the Program, and promotions, benefits, awards, and rewards provided thereunder (and "Program Benefits") are offered at the discretion of Achievemint and its affiliates, and Achievemint has the right to terminate your Account, the Program, and any Program Benefits, and to change any terms, conditions of participation, rules, regulations, policies, and procedures that Achievemint adopts to govern the Program or Program Benefits (any "Program Rules"), in whole or in part, at any time, without notice, even though such changes may affect the value of Program Benefits or program points obtained through use of the Services (or "Program Points") already accumulated. You are responsible for remaining knowledgeable as to the Program Rules which are published on the Site. Achievemint may, among other things, withdraw, limit, modify, or cancel any Program Benefits, increase the Program Points required for any Program Benefits, and modify or regulate the transferability of any Program Benefits. In accumulating Program Points, you may not rely upon the continued availability of a Program Benefit and you may not be able to obtain all offered Program Benefits.
Compliance with Program Rules. Participation in the Program is subject to any Program Rules that Achievemint may, at its sole discretion, adopt from time to time. Achievemint has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, abuse of the Program, or misrepresentation of any information furnished to Achievemint or Achievemint Partners by you or anyone acting on your behalf may result in the termination of your Account and the cancellation of accrued Program Points, Program Benefits, or both.
Program Points and Program Benefits. The Program is generally structured to permit you to exchange Program Points for Program Benefits. The accumulation of Program Points and the redemption of such Program Points are subject to the specific Program Rules enacted by Achievemint. You are responsible for reading the materials made available to you regarding the Program, Program Rules, and Program Points in order to understand your rights and responsibilities under the Program. Only Members are eligible to accrue Program Points in the Program by availing themselves of the means of accrual recognized under the Program. A member may not accrue Program Points for the utilization of the Services by any other person, animal, object, or entity. Program Points can only be accrued through methods of accrual offered after your creation of an Account. If Achievemint improperly denies you an accrual of Program Points or a Program Benefit, Achievemint's sole liability will be limited to the equivalent of those Program Points or that Program Benefit. Achievemint reserves the right to make Program Benefits and promotional offers selectively available to certain Members, at any time, based upon geographic locations, Program participation, or other factors determined at Achievemint's sole discretion. You are responsible for ensuring that your Program Points are properly credited. Program Points accrued in your Account will be maintained until those Program Points are redeemed or your Account is terminated, whichever occurs first. The accumulation of Program Points does not entitle you to any vested rights with respect to Program Benefits or the Program.
Program Benefit Redemption. The Program Benefits available and the amount of Program Points necessary to redeem each Program Benefit will be set by Achievemint and be made available to you on the Site. Certain Program Benefits may be subject to tariffs, taxes, or other required fees. If so, you will be notified of such required fees at the time of redemption and you will be responsible for paying any such required fees. The number of Program Points required to redeem any award may be increased, a Program Benefit may be withdrawn, and restrictions may be placed on any Program Benefit or its redemption by Achievemint at any time.
Audit Rights. Achievemint reserves the rights to audit any and all Accounts at any time and without notice for compliance with the Program Rules. In the event such an audit reveals discrepancies or possible violations, the processing of Program Benefit redemption requests may be delayed pending completion of the audit.
Prohibition on Transfer of Program Points and Program Benefits. No Program Points or Program Benefits earned or granted under the Program may be transferred or assigned except as expressly permitted by Achievemint in writing. Accrued Program Points do not constitute property of the member. Neither accrued Program Points nor accrued Program Benefits are transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. The sale or barter of any Program Points or Program Benefits, other than as authorized by Achievemint in writing, is expressly prohibited. Any Program Points or Program Benefits that are transferred, assigned, or sold in violation of the Program Rules may be confiscated or cancelled. The use of Program Points or Program Benefits that have been acquired by purchase, barter, or other conduct in violation of the Program Rules may result in Account termination and cancellation of accrued Program Points and Program Benefits.
Program Partners. Some Program Benefits are provided by sponsors and promotion partners of Achievemint. These partners are independent entities and Achievemint is not responsible for the nature or quality of products or services provided by those partners. Achievemint shall have no liability for withdrawal from the Program by such partners or for Program Benefit changes or cancellations caused by such partner withdrawals, or discontinued service by partners.
Achievemint welcomes feedback, comments, and suggestions for improvement to the Services ("Feedback"). You can submit Feedback by emailing Achievemint at email@example.com or through your Account. You hereby grant Achievemint a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following: (i) send or provide any illegal content through the Services; (ii) use, display, mirror or frame the Services, or any individual element within the Services, any Achievemint trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, (iii) access, tamper with, or use non-public areas of the Services, Achievemint's computer systems, or the technical delivery systems of Achievemint's providers, (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Services or the Achievemint Content; (v) use Services or the Achievemint Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Content; (vii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (viii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information; (ix) disable or circumvent our API usage safeguards or make calls to our API other than those authorized in our API documentation; (x) violate any applicable law or regulation; or (xi) encourage or enable any other individual to do any of the foregoing.
Content and Content Ownership
For the purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials; "Achievemint Content" means any Content that is posted, generated, provided, or otherwise made available by Achievemint through the Services; "User Content" means any Content that you provide to Achievemint or Achievemint Partners through access to or use of the Services.
Achievemint does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights you may have to use and exploit your User Content. Subject to the foregoing, Achievemint and its licensors exclusively own all right, title, and interest in and to the Services and Achievemint Content, including all associated intellectual property rights. You acknowledge that the Services and Achievemint Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. Achievement Content License
Subject to your compliance with these Terms, Achievemint grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download, view, copy, display, and print the Achievemint Content, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Achievemint Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Achievemint or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content License
By making any User Content available through the Services you agree to and hereby grant Achievemint a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display and perform, and distribute your User Content (i) in connection with operating and providing the Services and Achievemint Content to you and (ii) to third parties, as instructed or requested by you.
You are solely responsible for your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content granted under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Achievemint on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
No Medical Advice
Our Content may include information that relates to your health or wellness, or is otherwise medically related. Such Content is for informational purposes only. We are not engaged in the practice of medicine, either directly or indirectly, and we do not render medical advice via the Services. Your use of the Services does not create any healthcare provider/patient relationship. If you have any questions regarding a medical condition, you should seek the advice of your physician, or any other qualified healthcare professional. If you think you are having a medical emergency, call your healthcare professional or the emergency number (usually 911) without delay.
No Legal Advice
Our Content may include information that is legal or regulatory in nature. Such Content is for information purposes only. We are not providing you legal or regulatory advice, and your use of the Services does not create an attorney/client relationship. If you have any questions regarding your legal rights, or regarding any laws or regulations, you should seek the advice of your attorney.
Although Achievemint is not obligated to monitor access to use of the Services or Achievemint Content or to review or edit any Content, Achievemint reserves the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. Achievemint reserves the right, but is not obligated to remove or disable access to any Content, at any time and without notice, including, but not limited to, if Achievemint, at its sole discretion, considers any Content to be objectionable or in violations of these Terms. Achievemint has the right to investigate violations of these Terms or conduct that affects the Services. Achievemint may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. Achievemint provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk rising from your use of any third-party websites or resources.
Achievemint may terminate your Account and access to and use of the Services, at its sole discretion, at any time, and without notice to you. You may cancel your Account by accessing and selecting to terminate your Account through the Site. Upon any termination, discontinuation, or cancellation of Services or your Account the following provisions will survive: "Feedback," "Content and Ownership," "User Content License," "Termination," "Disclaimers," "Limitation of Liability," "Dispute Resolution," and "General Terms."
We will respond to notice of alleged infringement that are provided to us through the appropriate channel and comply with applicable law. The contact information for our copyright agent is provided at the bottom of this section. If you believe that your Content has been copied or otherwise used in a manner that constitutes copyright infringement, please contact us at the information below. In order for us to take action, your notice must contain ALL of the following:
- Your physical or electronic signature. If you are not the copyright owner, a physical or electronic signature of the individual authorized to act on behalf of such copyright owner;
- Identification of the copyrighted work that is claimed to be infringed;
- Identification of the materials that you believe infringe your copyright, and sufficient information to allow us to locate such materials;
- Your contact information;
- A statement that you have a good faith belief that the materials identified as infringing are not authorized by the copyright owner, an agent of the owner, or otherwise authorized by law; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The contact information for our designated copyright agent is:
15 N. Ellsworth Ave, Suite 208
San Mateo, CA 94401
THE SERVICES AND ACHIEVEMINT CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACHIEVEMINT EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ACHIEVEMINT MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Limitation of Liability
NEITHER ACHIEVEMINT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ACHIEVEMENT CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPEICAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ACHIEVEMINT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACHIEVEMINT HAS BEEN INFORMED THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ACHIEVEMINT'S TOTAL LIBALITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LARGER OF THE AMOUNTS YOU HAVE PAID TO ACHIEVEMINT FOR USE OF THE SERVICES OR ACHIEVEMINT CONTENT AND ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGE SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACHIEVEMINT AND YOU.
Governing Law. These Terms and any action related thereto will be governed by the law of the State of California, without regard to its conflict of laws provisions.
Agreement to Arbitrate. You and Achievemint agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, Achievemint Content, or User Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ACHIEVEMINT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Achievemint otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of the "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive termination of these Terms.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this "Dispute Resolution" section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential finding and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Achievemint will not seek and hereby waives all rights it may have under applicable law to recover attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Achievemint will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure).
Changes. Notwithstanding the provision of the "Changes to Terms or Services" section above, if Achievemint changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending Achievemint a written notice (including by email at firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of any Achievemint email that may be submitted to you to provide notice of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Achievemint in accordance with the provisions of the "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General Terms. With the exception of any supplemental terms that may apply to Mobile Apps, these Terms constitute the entire and exclusive understanding and agreement between Achievemint and you regarding the Site, Services, and the Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Achievemint and you regarding the Services and the Achievemint Content. You may not assign or transfer these Terms, by operation of law or otherwise, without Achievemint's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of Achievemint to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Achievemint. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Rights and Terms for Mobile Apps
Mobile App License Grant and Restrictions. Subject to your compliance with these Terms and any supplemental terms supplied with Mobile Apps, Achievemint grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Mobile App on a mobile device or computer that you own or control and to run such copy of the Mobile App solely for your own personal non-commercial purposes. Achievemint reserves all rights in and to the Mobile App not expressly granted to you under these Terms. You may not: (i) copy, modify, or create derivative works based on the Mobile App; (ii) distribute, transfer, sublicense, lease, lend, or rent the Mobile App to any third party; (iii) reverse engineer, decompile, or disassemble the Mobile App; or (iv) make the functionality of the Mobile App available to multiple users through any means.
Additional App Provider Terms.
If you download a Mobile App through or from any app store or distribution platform where the Mobile App is made available (any "App Provider"), such as the Apple App Store or Google Play, then you acknowledge and agree that:
The Terms are concluded between you and Achievemint, not with the App Provider, and that Achievemint is solely responsible for the Mobile App;
The App Provider has no obligation to furnish any maintenance or support services with respect to the Mobile App;
In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price (if any) for the Mobile App to you and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Mobile App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to the any warranty will be the sole responsibility of the client.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claims that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party's intellectual property rights, Achievemint will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms.
The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Mobile App, and, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Mobile App against you as a third-party beneficiary thereof.
You must comply with all applicable third-party terms of service when using the Mobile App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Mobile App, nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. By using the Mobile App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Last Updated: August 25, 2016