CashBack+ Loyalty Program Terms

Last Revised: June 10, 2024

THESE CASHBACK+ LOYALTY PROGRAM TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13 BELOW.

If You participate in the CashBack+ Loyalty Program You agree that Your participation is subject to compliance with the following terms and conditions (the “CashBack+ Terms“) and these CashBack+ Terms constitute a legal agreement between You, Your Financial Institution, and Operator (each as defined herein). These CashBack+ Terms are in addition to and do not limit the rights and obligations set forth in Prizeout’s Terms of Use (the “Prizeout Terms of Use“). Your actions may also be governed by Prizeout’s Privacy Policy (the “Prizeout Privacy Policy“) and additional Prizeout policies or terms that are published on Prizeout’s website (collectively, the “Prizeout Terms“) with respect to any access or use of the Prizeout Services, including the purchase of Merchant Gift Cards. Your Financial Institution may impose and You may be asked to agree to additional terms and conditions in relation to the Program (“Additional Financial Institution Terms“); if applicable, any such Additional Financial Institution Terms will be available through the Program. In the event of any conflict or inconsistency between these CashBack+ Terms and the Additional Financial Institution Terms, the Additional Financial Institution Terms shall prevail.

Please read these CashBack+ Terms carefully, they include important information about the CashBack+ Loyalty Program.

1. DEFINITIONS

   As used in these CashBack+ Terms, these terms have the following meanings. For the readability of the CashBack+ Terms, additional terms are defined through the document:

   • “CashBack+ Account” means the account through which Participant can earn, accumulate, and redeem a CashBack+ Balance.
   • “CashBack+ Pay Browser Extension” means a web browser plug-in.
   • “CashBack+ Balance” means the amount eligible for a cash back redemption which is earned by the Participant through the Program.
   • “Eligible Purchase” means a Qualifying Member Account Purchase or Merchant Gift Card Purchase (each as defined in Section 3 herein).
   • “Member Account” means Your checking account or any other account at Your Financial Institution and designated by Your Financial Institution as eligible to participate in the Program.
   • “Merchant Gift Cards” means digital gift card or other stored value mechanisms offered via the Prizeout Services.
   • “Prizeout Services” means all websites, applications, browser extensions, and other online products and services provided by Prizeout, excluding the Program, regardless of whether they are offered through Prizeout’s websites or applications directly or through a solution powered by Prizeout presented by Your Financial Institution.
   • “Program” or “CashBack+ Loyalty Program” means the loyalty program that allows Participants to earn, accumulate, and redeem CashBack+ Balance hereunder.
   • “We“, “Our“, “Us“, “Operator“, or “Prizeout” means Prizeout Corp., the operator and administrator of the Program and its subcontractors.
   • “You“, “Your“, or “Participant” means the individual(s) who maintains a Member Account at a participating financial institution that is being used to participate in the CashBack+ Loyalty Program.
   • “Your Financial Institution” refers to the financial institution where You maintain a Member Account and which has contracted with Operator to operate the Program.

2. DESCRIPTION OF PROGRAM, ELIGIBILITY & ADMINISTRATION

   The Program is a service brought to You by Your Financial Institution and managed by Operator. The Program allows You to earn, accumulate, and redeem CashBack+ Balance as set forth herein.

   The Program is restricted to Participants (i) with an open and active Member Account in good standing with a financial institution participating in the Program, (ii) 18 years of age or older, (iii) that reside in the United States, (iv) that have at least one Member Account designated as eligible by Your Financial Institution, and (v) that agree to these CashBack+ Terms. Your Financial Institution, in its sole discretion, determines which Member Accounts and Participants are eligible to participate in the Program. The eligibility and methods of participating in the Program may change from time to time.

   Operator and Your Financial Institution each have the right to monitor all Program activity and CashBack+ Account activity. Operator and Your Financial Institution each reserves the right to disqualify any Participant from participation in the Program and invalidate all CashBack+ Balance for abuse, fraud, or any violation of these CashBack+ Terms or any additional Program terms and conditions imposed by Your Financial Institution, in the Operator’s or Your Financial Institution’s sole discretion. Operator and Your Financial Institution reserve the right to take any necessary legal action in relation to any CashBack+ Balance obtained or redeemed as a result of such abusive, fraudulent, or violative activity, and You may be liable for monetary losses to Operator or Your Financial Institution in relation thereto.

   Participants that are the primary account holder of a Member Account understand that they are responsible for the actions taken with respect to a Member Account or CashBack+ Account by any joint account holders. Only one CashBack+ Account will be maintained for each eligible Member Account, absent express permission from Operator or Your Financial Institution. CashBack+ Accounts cannot be merged or transferred.

   Each of Operator or Your Financial Institution may, at any time and without prior notice, (i) change, limit, or terminate any aspect of the Program, or (ii) update, amend, or terminate these CashBack+ Terms, in whole or in part. Changes may affect outstanding transactions and CashBack+ Balance. Your access and use of the Program may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Program, or other actions that Operator or Your Financial Institution, in each of their sole discretion, may elect to take.

   By receiving or obtaining CashBack+ Balance, You represent and warrant to Your Financial Institution and Operator that Your use of the CashBack+ Balance will comply with these CashBack+ Terms and all applicable laws, rules, and regulations, and the CashBack+ Balance will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers. The Program is void where prohibited by federal, state, or local law.

   You agree that Your Financial Institution or one of their services providers, including but not limited to a banking platform provider, credit card processor, or core provider, may share Your personal information, transaction data, and data regarding Your Member Account activity with Operator as a part of the Program to calculate, accumulate, and redeem CashBack+ Balance, and the use of any such information and data will be governed by Your Financial Institutions’ privacy policy and the agreement between Operator and Your Financial Institution. You agree to keep Your information accurate and acknowledge that Operator is not responsible for any outcome in connection with the Program based on inaccurate information You provide to the Operator or Your Financial Institution.

3. CASHBACK+ BALANCE ACCRUAL

   Subject to the limitations in this Section 3, You may earn CashBack+ Balance as follows:

   • Member Account Accruals: You may earn CashBack+ Balance for each qualifying net purchase (purchases less returns) made through Your Member Account (“Qualifying Member Account Purchase“) and through various other qualifying Member Account activity (“Qualifying Member Account Activity“) (collectively with Qualifying Member Account Purchases, “Member Account Accrual“) if, and to the extent determined by Your Financial Institution. Your Financial Institution determines the eligibility, amount, and timing of CashBack+ Balance for all Qualifying Member Account Purchases and Qualifying Member Account Activity, each of which may be detailed in Additional Financial Institution Terms. The amount of CashBack+ Balance available for Qualifying Member Account Purchases and Qualifying Member Account Activity will be available on the Program’s website.
   • Merchant Gift Card Accruals: You may earn CashBack+ Balance by making eligible purchases of Merchant Gift Cards through the Prizeout Services offered by Your Financial Institution (“Merchant Gift Card Purchases“), which constitute “Merchant Gift Card Accruals.” Operator determines the eligibility, amount, and timing of CashBack+ Balance for all Merchant Gift Card Purchases. The CashBack+ Balance available for each Merchant Gift Card offered by Prizeout will be listed on the Program website where such Merchant Gift Card offer is displayed. The determination of whether a Merchant Gift Card Purchase qualifies for CashBack+ Balance is at the sole discretion of Prizeout.

   Eligible Purchases may be subject to additional terms, including Additional Financial Institution Terms, that may be discontinued or revised by Operator or Your Financial Institution at any time without notice. You agree that CashBack+ Balance received for Qualifying Member Account Purchases, and based on net spend, may be determined using the Merchant Category Codes (“MCCs“) associated with Your Qualifying Member Account Purchases. Operator may deduct CashBack+ Balance from Your CashBack+ Account to make adjustments for returns and cancellations in relation to any Eligible Purchases. Any such adjustments will be made in accordance with these CashBack+ Terms, all applicable policies and terms of Operator or Your Financial Institution, and any and all applicable laws, rules, and regulations. For the avoidance of doubt, You will not earn CashBack+ Balance for purchases or activity if Your Financial Institution has not contracted with Operator for that purpose as part of the Program.

   You can view Your CashBack+ Balance on Your CashBack+ Account. It is Your responsibility to check Your CashBack+ Account regularly to ensure that CashBack+ Balance has been properly credited and paid and that Your CashBack+ Account balance is accurate. If You believe that CashBack+ Balance has not been correctly credited to Your CashBack+ Account, You must contact Operator or Your Financial Institution within ninety (90) days of the eligible transaction.

   Operator may make account adjustments for any CashBack+ Balance that Operator or Your Financial Institution, in each of their sole discretion, deems as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these CashBack+ Terms, all applicable policies and terms of Operator or Your Financial Institution (including the Prizeout Terms), or any other applicable law or regulation. Any such decisions of Operator or Your Financial Institution are final. Should You disagree with any adjustments made to Your CashBack+ Account or payments made to You, Your sole remedy is to terminate Your CashBack+ Account. At any time, Operator or Your Financial Institution, in their sole discretion, may: (i) limit the number of Eligible Purchases or Merchant Gift Card Purchases You are able to make or CashBack+ Balance You are able to earn, redeem, or distribute in a given period of time; (ii) determine whether or not You are eligible to earn, redeem, or distribute CashBack+ Balance; (iii) determine whether or not You have earned CashBack+ Balance; or (iv) adjust Your CashBack+ Balance total to accurately and fairly reflect the amount that You have actually earned. These limitations may be detailed in Additional Financial Institution Terms. Operator shall have no liability for disagreements between You and Your Financial Institution regarding CashBack+ Balance issued for any Eligible Purchases, and Your Financial Institution’s decisions regarding CashBack+ Balance discrepancies shall be final.

   CASHBACK+ BALANCE FOR QUALIFYING MEMBER ACCOUNT PURCHASES IS EARNED ON YOUR NET PURCHASE AMOUNT OF ELIGIBLE PURCHASES, WHICH EXCLUDES TAXES, FEES, DISCOUNTS, CREDITS, RETURNS, OR CANCELLATIONS. SOME PURCHASES MAY NOT QUALIFY. CASHBACK+ BALANCE AMOUNTS AND PERCENTAGES VARY AND MAY CONTAIN EXCLUSIONS IN THE DISCLOSURES AND TERMS OF THE OFFER AND THE APPLICABLE PURCHASE PAGE. PLEASE REVIEW THESE DISCLOSURES AND TERMS CAREFULLY.

   For the avoidance of doubt, (1) Your CashBack+ Account is not a “depository account” or any other similar type of banking account which holds funds, and is not insured, (2) Your CashBack+ Balance may only be redeemed for value as set forth in these CashBack+ Terms, and is not itself a cash balance, and (3) You may select one or more redemptions at any time or redeem only a portion of CashBack+ Balance. Any unused portion of Your CashBack+ Balance will remain available to you.

4. REDEEMING CASHBACK+ BALANCE

   Your CashBack+ Balance will accumulate in Your CashBack+ Account. To redeem a CashBack+ Balance, You must maintain an active and eligible Member Account. You are able to view Your CashBack+ Balance and redeem or distribute Your CashBack+ Balance through Your CashBack+ Account.

   You can redeem or distribute Your CashBack+ Balance in two ways: (i) as a credit towards eligible Merchant Gift Cards You purchase through the Prizeout Services, or (ii) through transfer to Your Member Account at Your Financial Institution. The available redemption and distribution options (and the terms applicable to them) are subject to change without notice to You in accordance with these CashBack+ Terms and Additional Financial Institution Terms, and You have no vested right to any particular form or method of distribution. Merchant Gift Cards obtained upon redemption of CashBack+ Balance are subject to Section 6 (“Merchant Gift Cards“) below. Transfers of CashBack+ Balance to Your Member Account at Your Financial Institution are subject to the terms of the agreement with Your Financial Institution, including Additional Financial Institution Terms. All CashBack+ Balance redemptions are subject to Section 7 (“Limitations“) below.

   CashBack+ Balance may only be redeemed or distributed in the same currency that the CashBack+ Balance was arranged. You will not receive interest or other earnings on CashBack+ Balance. CashBack+ Balance cannot be transferred from one CashBack+ Account to another CashBack+ Account, and CashBack+ Balance may not be assigned, transferred, and/or pledged to any third party.

5. ADDITIONAL REPRESENTATIONS AND DISCLAIMERS

   CashBack+ Balance cannot be resold, transferred for value except as described herein, used for payment outside of the Program, used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, redeemed for more than face value plus any specified bonus amounts or discounts, returned for cash, or redeemed for cash except as a transfer to Your Member Account as permitted by these CashBack+ Terms and the terms of the agreement with Your Financial Institution (except to the extent required by applicable law).

   If You elect to close Your Member Account and You have undistributed CashBack+ Balance in Your CashBack+ Account, You must redeem or distribute such CashBack+ Balance prior to closing Your Member Account. If Your Financial Institution elects to remove, deactivate, close, or terminate Your Member Account, and You have undistributed CashBack+ Balance in Your CashBack+ Account, You will be provided a reasonable period of time to redeem or distribute such CashBack+ Balance, subject to these CashBack+ Terms and any Additional Financial Institution Terms. It is Your responsibility to redeem or distribute such CashBack+ Balance in a timely matter; failure to do so may result in forfeiture of your CashBack+ Balance. In the case of any closure of Your Member Account, Operator or Your Financial Institution may also determine to distribute your undistributed CashBack+ Balance to your Member Account prior to such account closure, in each of their sole discretion. If Your Member Account is closed by You, or removed or deactivated by Your Financial Institution, any rights You have to the CashBack+ Balance in Your CashBack+ Account will terminate, and You may no longer be eligible to redeem or distribute such CashBack+ Balance, except as described herein. If Your Member Account is removed, deactivated, closed, or terminated due to fraudulent activity or noncompliance with these CashBack+ Terms or any Additional Financial Institution Terms, in addition to immediately forfeiting all CashBack+ Balance associated with Your Member Account immediately, you may not be permitted to participate in or create a new CashBack+ Account. Your Financial Institution will determine in its sole discretion what constitutes a closed or terminated Member Account, and its determinations shall be final.

   Operator will not assess a service fee or dormancy fee with respect to CashBack+ Balance. However, Your Financial Institution may assess a service fee or dormancy fee with respect to CashBack+ Balance, and any such fees will be disclosed in the Additional Financial Institution Terms, which will be available on the Program’s website. Your Financial Institution determines the terms upon which Your CashBack+ Balance may expire, and any such expiration will be disclosed in the Additional Financial Institution Terms, which will be available on the Program’s website.

   Operator and Your Financial Institution each reserve the right to investigate any purchase transactions, activity, or interaction with the Program and Your CashBack+ Account that we believe, in our sole discretion, is abusing or has abused the Program or the accumulation, use, redemption, or distribution of CashBack+ Balance. We and Your Financial Institution each reserve the right to withhold or delay the grant of, or rescind, any CashBack+ Balance and/or bar further earning or receipt of CashBack+ Balance or restrict the redemption or distribution of CashBack+ Balance for any reason, including but not limited to if (i) we believe, in our sole discretion, that You are abusing or have abused the accumulation or use of CashBack+ Balance, including without limitation by engaging in a pattern of returning products after CashBack+ Balance has been credited or earning CashBack+ Balance by creating multiple Member Accounts or CashBack+ Accounts or suspected fraud, (ii) we suspect fraud, unusual activity, or misattribution of CashBack+ Balance, (iii) detect anomalies with Your Member Account, CashBack+ Account, or other activity, or (iv) changes to relevant policies or offers dictate such actions be taken. Any failure to comply with these CashBack+ Terms, any fraud or abuse relating to the accrual or receipt of CashBack+ Balance, or any misrepresentation of any information furnished to Your Financial Institution or Operator by You or anyone acting on Your behalf may result in the forfeiture of any accrued CashBack+ Balance. Any such decisions by Your Financial Institution or Operator are final. Operator is not responsible for transmissions, redemptions, or distributions of CashBack+ Balance delivered to the wrong financial account or email address through no fault of Operator, or for payment errors made by payment partners.

6. MERCHANT GIFT CARDS

   You acknowledge and agree that the applicable third-party merchant, not Operator, is the issuer of the Merchant Gift Cards and is solely responsible for honoring the Merchant Gift Cards, and that Prizeout acts only as a seller of the Merchant Gift Cards. Merchant Gift Cards and the use thereof are governed by the applicable terms and conditions. Please consult the Merchant Gift Card for additional information, including information regarding how to obtain a copy of the Merchant Gift Card’s terms and conditions from the applicable merchant.

   We reserve the right to correct any errors, inaccuracies, or omissions (including after a Merchant Gift Card order has been submitted) and to change or update information at any time without prior notice. You acknowledge that Operator does not make any warranties with respect to the Merchant Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Merchant Gift Card code that results from any action by You or a third party. You also acknowledge that Operator may suspend or prohibit use of the Merchant Gift Card if the Merchant Gift Card code has been reported lost or stolen, or if Operator believes the Merchant Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If the Merchant Gift Card code stops working, Your only remedy is for us to issue You a replacement Merchant Gift Card code. By redeeming CashBack+ Balance for a Merchant Gift Card, You represent and warrant to Operator that Your use of the Merchant Gift Card will comply with these CashBack+ Terms, the Prizeout Terms, and all applicable laws, rules, and regulations, and the Merchant Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers. Merchant Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value plus any specified bonus amounts, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Merchant Gift Cards do not expire, and Operator will not assess a service fee or dormancy fee with respect to a Merchant Gift Card. We reserve, on behalf of the applicable users, persons, or entities, the right to make a change to or refuse any Merchant Gift Card redemption. In the event that Operator makes a change to or cancel an order, We will attempt to notify You by contacting You at the email address provided. All issuances of Merchant Gift Cards are final and are not eligible for return, refund, or exchange.

7. CASHBACK+ PAY BROWSER EXTENSION

   When you install the CashBack+ Pay Browser Extension, You will have the option to link your Member Account in order to access the Prizeout Services through the CashBack+ Pay Browser Extension, which allows You to purchase Merchant Gift Cards while on a merchant’s website and automatically apply it to a purchase. You will be required to download and configure the CashBack+ Pay Browser Extension to utilize the Prizeout Services for such purposes. All Prizeout Terms and conditions governing the use of the Prizeout Services continue to apply.

   When you activate the CashBack+ Pay Browser Extension while on a merchant website where a Gift Card is available, the CashBack+ Pay Browser Extension will facilitate Your purchase of a Gift Card in the amount disclosed (drawn from the cart total as you checkout), drawing funds from the linked Financial Institution Member Account to do so. The CashBack+ Pay Browser Extension will endeavor to apply the Gift Card code to Your order automatically, but it is Your responsibility to ensure that the Gift Card code is properly applied. For the avoidance of doubt, once you consent to the purchase of the Gift Card, You are committing to the withdrawal of funds from the linked Financial Institution Member Account in that amount regardless of whether you finalize a purchase on the merchant’s website. If You do not finalize the purchase on the merchant’s website, the Gift Card to that merchant in that amount will be available to you through the Prizeout Services.

   If you are unhappy with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service inquiry regarding your purchased merchant product, you will need to contact the third-party merchant from whom you purchased the product. Prizeout and your Financial Institution are not involved in your merchant product purchase and are not able to assist with any customer service inquiries or returns related to that purchase.

   All products you purchase from a third-party merchant are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Prizeout. Prizeout is not responsible for any third-party merchant products or any information contained on the third-party merchant’s website.

   You agree that your purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. You agree that Prizeout is in no way responsible or liable to you for any products you purchase even if in conjunction with a Gift Card or use of the CashBack+ Pay Browser Extension or Prizeout Services, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that Prizeout is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

   Prizeout does not endorse, warrant, or guarantee the products or services that are displayed by third party merchants, including through browser extension offers and other advertised links to third-party websites. Prizeout is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. Prizeout does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party via the Prizeout Services are the best prices, best terms or lowest rates available in the market.

   When you access third-party websites with the CashBack+ Pay Browser Extension enabled, you accept that there are risks in doing so, and that Prizeout is not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

   Prizeout has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with. In addition, Prizeout will not and cannot monitor, verify, censor or edit the content of any third-party site or service.

8. LIMITATIONS

   CashBack+ Balance redemptions which are a transfer to Your Member Account at Your Financial Institution may not exceed $9999 per redemption, or in the aggregate, per day. CashBack+ Balance redemptions which are credits for eligible Merchant Gift Cards are subject to the Prizeout Terms of Use and any restrictions and limitations contained therein. Prizeout may update the Prizeout Terms and any relevant limitations from time to time, in its sole discretion. Additional limitations may apply.

9. RISK OF LOSS

   We are not responsible if any CashBack+ Balance is lost, stolen, destroyed, or used without Your permission. We are not responsible for any loss if You, or any other individual using Your Member Account, provide any incorrect contact information. We are not responsible if You, or any other individual using Your Member Account, shares, sends on, forwards, or further transfers the CashBack+ Balance or Merchant Gift Card (or codes thereto) to a third party, and the CashBack+ Balance or Merchant Gift Card is redeemed or used by someone other than the recipient.

10. TAXES

    Depending on applicable federal, state, and local tax laws, Your redemption and distribution of CashBack+ Balance may be subject to taxes. You will be solely responsible for any and all tax liability arising out of Your redemption and distribution of CashBack+ Balance, and You agree to provide Operator with information Operator requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties, or fines) incurred by Operator as a result of Your action or inaction in connection with the foregoing (including Your failure to provide Operator with information). You agree that Operator is authorized to offset such tax liability from Your CashBack+ Balance.

11. ESCHEATMENT

    Property that is presumed abandoned may, under certain circumstances, escheat to the applicable state department of revenue after a certain amount of time as determined by the law applicable in the state in which You reside (or of Your last-known state of residence, or the second priority state as applicable). You accept and agree that any CashBack+ Balance that remains in Your CashBack+ Account after such statutory period may be reported as unclaimed property and Operator may be required to escheat any funds remaining in Your CashBack+ Account. Operator shall have no liability to You, Your respective heirs, legal representatives, successors, and assigns, or any other party should any or all of the remaining CashBack+ Balance in Your CashBack+ Account escheat by operation of law.

12. LIMITATION OF LIABILITY

    IN ADDITION TO THE “DISCLAIMERS AND LIMITATION OF LIABILITY” SECTION IN THE PRIZEOUT TERMS OF USE, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CASHBACK+ BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN THE EVENT THAT CASHBACK+ BALANCE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH CASHBACK+ BALANCE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. INDEMNIFICATION

    By entering into these CashBack+ Terms and accessing or using the Program and/or Your CashBack+ Account, You agree that You shall defend, indemnify, and hold the Operator and Your Financial Institution harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by Operator and/or Your Financial Institution arising out of or in connection with: (a) Your violation or breach of any term of these CashBack+ Terms or any applicable law or regulation; (b) Your violation of any rights of any third party; (c) Your access to or use of the Program or CashBack+ Account; or (d) Your negligence or willful misconduct.

14. DISPUTES

    Any dispute or claim relating in any way to CashBack+ Balance or these CashBack+ Terms will be resolved in accordance with the “ARBITRATION AND CLASS ACTION WAIVER” section set forth in the Prizeout Terms of Use.

15. GENERAL TERMS

    The Program, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, trademarks, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that Prizeout, Your Financial Institution, and/or their licensors and third-party vendors, as applicable, own all right, title, and interest in and to the Program (including any and all intellectual property rights therein) and You agree not to take any action(s) inconsistent with such ownership interests.

    You agree that our third-party service providers may rely upon any provisions in these CashBack+ Terms relating to intellectual property, disclaimer of warranties, limitation of liability, and indemnification, and that the Third Party Service Providers are for purposes of such provisions third-party beneficiaries of these CashBack+ Terms, with the power to enforce such provisions as applicable.

    When You receive, redeem, or distribute CashBack+ Balance, You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these CashBack+ Terms. We reserve the right to require additional verification of Your identity, CashBack+ Balance, or account ownership or provision of an additional payment instrument before You are able to claim or use CashBack+ Balance.

    Operator may modify these CashBack+ Terms from time to time, in which case We will update the “Last Revised” date at the top of these CashBack+ Terms. You waive any right You may have to receive specific notice of such changes or modifications, except as required by law. However, it is Your sole responsibility to review these CashBack+ Terms and our other terms and policies from time to time to view any changes. The updated CashBack+ Terms will be effective as of the time of posting, or such later date as may be specified in the updated CashBack+ Terms. Your receipt, redemption, or use of any CashBack+ Balance or continued access or use of the Services after the modifications have become effective constitutes Your acceptance of the modified CashBack+ Terms.

    If any term of these CashBack+ Terms is deemed to be invalid, void, or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of these CashBack+ Terms. All terms and conditions are applicable to the extent permitted by law.

16. CONTACT US

    You may contact us regarding the Program or Your CashBack+ Account by e-mail at support@prizeout.com.