AGREEMENT TO OUR LEGAL TERMS
We are Maven App, Inc., doing business as Visit ("Company," "we," "us," "our").
We operate the website https://joinvisit.co (the "Site"), the mobile application Visit (the "App"), and any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Visit is a rewards program. Consumers connect a payment card or financial account so that visits to local businesses can be verified automatically, earning points and rewards such as merchant discounts and gift cards. Participating businesses can create offers and view reporting on those offers.
You can contact us by email at support@joinvisit.co or by mail at Maven App, Inc., 131 Continental Dr, Suite 305, Newark, DE 19702, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Maven App, Inc., concerning your access to and use of the Services. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU MAY NOT USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
SECTION 23 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 23.
Supplemental terms or documents posted on the Services from time to time are expressly incorporated by reference. We may change these Legal Terms at any time. If we make material changes, we will notify you by posting a notice within the Services, by email, or by another reasonable method at least thirty (30) days before the changes take effect, except where a shorter period is required to comply with law or to address a security or fraud risk. Changes take effect on the date stated in the notice. Your continued use of the Services after that date means you accept the revised Legal Terms. If you do not agree, you must stop using the Services and may delete your account. Changes will not apply retroactively to a dispute that arose before the change took effect.
The Services are intended for users who are at least 18 years old. Persons under 18 may not use or register for the Services.
We recommend that you keep a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- ELIGIBILITY AND USER REPRESENTATIONS
- USER REGISTRATION
- CONNECTED ACCOUNTS AND VISIT VERIFICATION
- POINTS AND REWARDS
- OFFERS FROM PARTICIPATING BUSINESSES
- LEADERBOARDS AND SOCIAL FEATURES
- BUSINESS USERS
- FEES AND PAYMENT (BUSINESS USERS)
- INTELLECTUAL PROPERTY RIGHTS
- YOUR SUBMISSIONS AND CONTRIBUTIONS
- GUIDELINES FOR REVIEWS
- PROHIBITED ACTIVITIES
- MOBILE APPLICATION LICENSE
- THIRD-PARTY ACCOUNTS
- THIRD-PARTY WEBSITES AND CONTENT
- COPYRIGHT INFRINGEMENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Persons who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Services are currently offered only in the United States and are intended for users located in the United States.
The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), and if your interactions would be subject to such laws, you may not use the Services.
2. ELIGIBILITY AND USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of that information and update it as necessary; (3) you have the legal capacity to enter into these Legal Terms and agree to comply with them; (4) you are at least 18 years old; (5) you are the owner of, or an authorized user of, any financial account you connect to the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account, forfeit unredeemed points as described in Section 5, and refuse any current or future use of the Services.
3. USER REGISTRATION
You must register to use most features of the Services. You agree to keep your password confidential and are responsible for all activity under your account. You must notify us promptly at support@joinvisit.co if you believe your account has been accessed without your authorization. We may remove, reclaim, or change a display name you select if we determine, in our reasonable discretion, that it is inappropriate, obscene, infringing, or otherwise objectionable.
You may maintain only one account. Creating multiple accounts to earn additional points or bonuses is prohibited.
4. CONNECTED ACCOUNTS AND VISIT VERIFICATION
How it works. To earn points, you connect a payment card or financial account (a "Connected Account") to the Services. We use Plaid Inc. ("Plaid") to establish and maintain that connection. You enter your credentials directly with Plaid, within Plaid's own interface. We do not receive, see, or store your online banking credentials, account number, routing number, or card number at any point.
Your authorization. By connecting an account, you authorize us and Plaid to access transaction information from that account on an ongoing basis for the purposes described in these Legal Terms and in our Privacy Policy, including verifying visits, calculating and awarding points and rewards, building your visit history, identifying relevant offers, and detecting fraud. You represent that you are authorized to grant this permission for the account you connect.
Plaid's terms. Your use of Plaid is governed by Plaid's own terms and privacy policy, available at plaid.com/legal. You agree to Plaid's end user privacy policy and grant Plaid the right, power, and authority to act on your behalf to access and transmit your information as described there. Plaid is not our agent for purposes of your relationship with your financial institution.
Verification is automated and imperfect. You acknowledge that visit verification depends on transaction data generated by third parties, including merchants, card networks, and financial institutions, which we do not control. Transactions may be reported late, reported under a different or unrecognizable merchant name, aggregated by a payment processor, or not reported at all. A visit may not be credited if you pay by cash, by a card you have not connected, through a third-party ordering or delivery platform, or by another method that does not generate a transaction on a Connected Account. WE DO NOT WARRANT THAT EVERY QUALIFYING VISIT WILL BE DETECTED OR CREDITED, AND WE ARE NOT RESPONSIBLE FOR POINTS OR REWARDS THAT ARE NOT AWARDED AS A RESULT.
Missing visits. If you believe a qualifying visit was not credited, contact us at support@joinvisit.co within sixty (60) days of the visit. We will investigate in good faith and may, at our discretion, credit points manually. Requests submitted after that period may not be honored, because transaction records available to us are limited.
Disconnecting. You may disconnect a Connected Account at any time in the App under Settings > Account > Connected Accounts. Disconnecting stops further collection of transaction information from that account and will stop you from earning new points through it. Points already earned are not affected by disconnecting alone. Handling of records already created is described in our Privacy Policy.
5. POINTS AND REWARDS
Earning. You may earn points ("Points") for verified visits to businesses and through other promotions we offer from time to time. The number of Points awarded for any activity is determined by us and may change at any time. Changes apply prospectively and do not reduce Points already credited to your account.
Points have no cash value and are not your property. Points are a limited, revocable license to receive rewards through the Services, and nothing more. Points are not money, not a stored value or gift card balance, not a deposit, and not credit. Points:
- have no cash value and cannot be redeemed for cash;
- are not your personal property and confer no ownership or vested rights;
- cannot be sold, bartered, transferred, assigned, gifted, or inherited, and any attempt to do so is void;
- are not transferable between accounts; and
- may not be combined with points held by another person.
Redemption. Points may be applied toward rewards, discounts, or other benefits offered through the Services, subject to the terms, restrictions, and availability described for each reward at the time of redemption. Rewards are subject to availability and may be modified, limited, or withdrawn at any time before you redeem them. Once redeemed, a reward may not be reversed, returned, or re-credited except as required by law or as we determine in our discretion.
Rewards offered by participating businesses. Some rewards are provided by participating businesses, not by us. Those businesses are responsible for honoring their own offers and for the goods and services they provide. WE ARE NOT A PARTY TO YOUR TRANSACTION WITH A PARTICIPATING BUSINESS AND ARE NOT RESPONSIBLE IF A BUSINESS REFUSES TO HONOR A REWARD, CLOSES, CHANGES ITS TERMS, OR PROVIDES GOODS OR SERVICES YOU ARE DISSATISFIED WITH. If a participating business declines to honor a valid reward, contact us at support@joinvisit.co and we will make reasonable efforts to resolve the issue, which may include restoring the Points you used.
Expiration. Points expire after twelve (12) months of account inactivity. We will notify you at least thirty (30) days before Points expire due to inactivity.
Forfeiture. Unredeemed Points are forfeited immediately, without compensation, if you close your account, if we terminate or suspend your account under Section 20, or if you violate these Legal Terms.
Corrections and clawback. We may adjust, reduce, or remove Points from your account at any time if we determine in good faith that they were awarded in error, awarded as a result of a system or data error, awarded for a transaction that was later reversed, refunded, disputed, or charged back, or obtained through fraud, abuse, misrepresentation, or violation of these Legal Terms. If your balance goes negative as a result, we may deduct future Points until the balance is corrected.
Fraud. Manufacturing or structuring transactions primarily to generate Points rather than to purchase goods or services in the ordinary course is prohibited and is grounds for forfeiture of all Points and termination of your account.
Disputes about your balance. If you disagree with your Points balance or a redemption, notify us at support@joinvisit.co within sixty (60) days. Our determination of your balance, made in good faith and based on our records, is final in the absence of manifest error, except where applicable law provides otherwise.
Program changes. We may modify, suspend, or discontinue the Points program, in whole or in part, at any time. If we discontinue the program entirely, we will give you at least thirty (30) days' notice and a reasonable opportunity to redeem your Points before they are cancelled.
Taxes. You are responsible for any tax liability arising from Points or rewards you receive.
6. OFFERS FROM PARTICIPATING BUSINESSES
The Services display offers from businesses participating in our program. These offers are selected by us based on your verified visits and your location, as described in our Privacy Policy. They are not third-party advertisements, and we do not sell advertising space within the Services or serve advertising to you on other websites or applications.
Each offer is subject to the terms and restrictions shown with it, including any minimum purchase, expiration date, participating location list, or limit on combining offers. Participating businesses set and are responsible for those terms. We do not guarantee that any particular offer will be available to you, will remain available, or will be honored at any particular location.
7. LEADERBOARDS AND SOCIAL FEATURES
The Services may include leaderboards or similar features. If you participate, other users may see your display name, profile photo, and ranking. Other users will not see which specific businesses you have visited or any transaction details. You choose your display name and profile photo and are responsible for making sure they do not reveal information you want to keep private and do not violate Section 13.
8. BUSINESS USERS
If you access the Services on behalf of a business to create offers, view reporting, or otherwise participate in our merchant program, your use is governed by a separate Merchant Agreement between your business and us, which controls in the event of any conflict with these Legal Terms. You represent that you are authorized to bind the business you represent.
The restrictions in these Legal Terms on commercial use, revenue-generating use, and use of the Services in connection with a competing business do not apply to a business user's use of the Services as permitted by its Merchant Agreement.
9. FEES AND PAYMENT (BUSINESS USERS)
Consumer use of the Services is free. We do not charge consumers to participate, and we do not charge any card or account you connect.
Business users may be charged fees for participation, as described in their Merchant Agreement or applicable order form. Payments are processed by Stripe, Inc. We do not receive or store full payment card numbers or security codes. You agree to provide current, complete, and accurate billing information and to keep it updated. Applicable taxes will be added where required.
Subscriptions and renewal. If your plan is a subscription, it will automatically renew for successive periods of the same length unless cancelled before the end of the then-current period. You authorize us to charge your payment method on a recurring basis until you cancel.
Cancellation. You may cancel at any time from your account settings within the Services, or by emailing support@joinvisit.co. Cancellation takes effect at the end of the current paid period.
Refunds. Fees already paid are non-refundable except where required by law or expressly stated in the Merchant Agreement.
Fee changes. We may change fees. We will give at least thirty (30) days' notice before a change takes effect for your next renewal period.
10. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property. We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained in the Services (the "Marks"). Our Content and Marks are protected by copyright, trademark, and other laws in the United States and around the world. They are provided "AS IS" for your personal, non-commercial use only, except as permitted for business users under Section 8.
Your use of our Services. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, in each case solely for your personal, non-commercial use.
Except as set out in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests should be sent to support@joinvisit.co.
We reserve all rights not expressly granted. Any breach of this section is a material breach of these Legal Terms and your right to use the Services will terminate immediately.
11. YOUR SUBMISSIONS AND CONTRIBUTIONS
Submissions. If you send us questions, comments, suggestions, ideas, or feedback about the Services ("Submissions"), you agree that we may use them without restriction, acknowledgment, or compensation to you.
Contributions. The Services may allow you to create, submit, post, or transmit content, including text, photographs, reviews, ratings, and comments ("Contributions"). You retain ownership of your Contributions. By posting a Contribution, you grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, publicly display, and distribute that Contribution in connection with operating, promoting, and improving the Services. This license ends when you delete the Contribution or your account, except that it survives to the extent the Contribution has been shared with others who have not deleted it, and to the extent it exists in our routine backups until those are purged on our standard cycle.
Your responsibility. By submitting Contributions, you represent and warrant that: you own or have the necessary rights to your Contributions; your Contributions do not infringe any third party's intellectual property, privacy, or publicity rights; you have the consent of any identifiable person shown in your Contributions; your Contributions are not false, misleading, unsolicited advertising, or spam; your Contributions are not obscene, harassing, defamatory, threatening, or discriminatory on the basis of race, national origin, gender, sexual orientation, disability, or any other protected characteristic; and your Contributions do not violate any applicable law.
Removal. We have no obligation to monitor Contributions, but we may remove, edit, or restrict access to any Contribution at any time if we reasonably consider it harmful or in breach of these Legal Terms.
12. GUIDELINES FOR REVIEWS
If the Services allow you to leave reviews or ratings, you agree that: (1) you have firsthand experience with the person or business being reviewed; (2) your review does not contain abusive, racist, or hateful language; (3) your review does not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your review does not reference illegal activity; (5) you do not post false or misleading statements; and (6) you do not organize a campaign encouraging others to post reviews, whether positive or negative.
We may reject or remove reviews that violate these guidelines. We do not remove reviews simply because they are negative, and nothing in these Legal Terms restricts your ability to share an honest review of your experience with us or with any business. Reviews reflect the views of the users who post them and are not endorsed by us.
13. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:
- Systematically retrieve data or content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us or other users, including any attempt to obtain another user's account information.
- Connect a payment card or financial account that you are not authorized to use.
- Generate, structure, or misrepresent transactions primarily for the purpose of earning Points, or otherwise manipulate visit verification.
- Create more than one account, or create an account under a false identity or on behalf of another person without authorization.
- Sell, transfer, or attempt to transfer your account, your profile, or your Points.
- Circumvent, disable, or interfere with security-related features of the Services.
- Use information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable law or regulation.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with the operation of the Services.
- Engage in automated use of the system, including scripts, data mining, robots, scrapers, or similar tools.
- Delete any copyright or proprietary rights notice from any Content.
- Impersonate another user or person, or use another user's display name.
- Upload or transmit any passive or active information collection mechanism, including pixels, web bugs, or similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Harass, intimidate, or threaten any of our employees or agents.
- Attempt to bypass any measure designed to restrict access to the Services.
- Copy, adapt, decompile, reverse engineer, or disassemble any software comprising the Services, except as permitted by applicable law.
- Use the Services to develop a competing product or service.
- Collect usernames or email addresses of other users for the purpose of sending unsolicited communications.
14. MOBILE APPLICATION LICENSE
Use license. If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, or derivative work from the App; (3) violate any applicable laws in connection with your use of the App; (4) remove, alter, or obscure any proprietary notice posted by us or our licensors; (5) make the App available over a network permitting access by multiple devices or users at the same time; (6) use the App to create a product or service that is competitive with the App; (7) use the App to send automated queries or unsolicited commercial email; or (8) use our proprietary information or interfaces in the design or distribution of applications, accessories, or devices for use with the App.
Apple and Android devices. The following applies when you obtain the App from the Apple App Store or Google Play (each an "App Distributor"): (1) the license granted is limited to a non-transferable license to use the App on a device running Apple iOS or Android, in accordance with the applicable App Distributor's terms of service; (2) we, not the App Distributor, are responsible for providing maintenance and support for the App; (3) in the event of any failure of the App to conform to an applicable warranty, you may notify the App Distributor, which may refund the purchase price, if any, and will have no other warranty obligation; (4) you represent that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country, and are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms when using the App; and (6) the App Distributors are third-party beneficiaries of this section and may enforce it against you.
15. THIRD-PARTY ACCOUNTS
The Services may allow you to register or sign in using an account you hold with a third-party provider (a "Third-Party Account"). If you do, we receive from that provider only your name, email address, and profile picture. We do not request or receive your contacts, friends list, or other profile information, and we do not ask you to give us your Third-Party Account password.
You represent that you are entitled to connect your Third-Party Account without breaching the terms that govern it. Your relationship with the third-party provider is governed solely by your agreement with that provider. You may disconnect a Third-Party Account at any time through your account settings or by contacting us.
Connecting a Third-Party Account for sign-in is separate from connecting a payment card or financial account under Section 4.
16. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites and content that we do not investigate, monitor, or check for accuracy or completeness. We are not responsible for any third-party website or content, including its accuracy, opinions, reliability, or privacy practices. Inclusion of or linking to a third-party website does not imply our endorsement. If you leave the Services and access a third-party website, you do so at your own risk and these Legal Terms no longer govern. Any purchase you make through a third-party website is between you and that third party, and we take no responsibility for it.
17. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that material available on the Services infringes a copyright you own, please send a notice to our designated agent containing: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Designated agent: Copyright Agent, Maven App, Inc., 131 Continental Dr, Suite 305, Newark, DE 19702, United States. Email: support@joinvisit.co
We may remove or disable access to material claimed to be infringing and may terminate the accounts of repeat infringers.
18. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our reasonable discretion, violates the law or these Legal Terms, including reporting such user to law enforcement; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate their proper functioning.
19. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://joinvisit.co/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
The Services are hosted in the United States, and backup copies of data are stored in the European Union, as described in our Privacy Policy. If you access the Services from outside the United States, you consent to the transfer and processing of your data as described in the Privacy Policy.
20. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services.
Your right to terminate. You may delete your account at any time in the App under Settings > Account > Delete Account, or by contacting us at support@joinvisit.co. Unredeemed Points are forfeited when your account is deleted.
Our right to terminate. We may suspend or terminate your account or your access to the Services, and forfeit unredeemed Points, if you breach these Legal Terms, if we reasonably suspect fraud or abuse, if required by law, or if we discontinue the Services. Except where we reasonably believe that immediate action is necessary to prevent fraud, harm, or a violation of law, or where notice is prohibited by law, we will give you notice and a reasonable opportunity to respond before terminating your account.
If we terminate or suspend your account, you may not register a new account under your name, a fake or borrowed name, or the name of any third party.
Sections 5 (as to Points already forfeited), 10, 11, 22, 23, 24, 25, 26, 27, and 30 survive termination.
21. MODIFICATIONS AND INTERRUPTIONS
We may change, modify, or remove the contents of the Services at any time at our discretion, and we have no obligation to update any information on the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. We may change, revise, update, suspend, discontinue, or otherwise modify the Services at any time. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. If we discontinue the Points program, Section 5 governs.
22. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles, except that the Federal Arbitration Act governs Section 23. Nothing in this section deprives you of the protection of mandatory consumer protection laws of the state where you reside.
23. DISPUTE RESOLUTION
Informal resolution first. Before filing a claim, you and we agree to try to resolve the dispute informally. Send written notice describing the dispute and the relief you seek to support@joinvisit.co or to our mailing address. We will send notice to the email associated with your account. If the dispute is not resolved within thirty (30) days, either party may proceed as described below. The informal resolution period tolls any applicable statute of limitations. Completion of this process is a condition precedent to filing arbitration.
Small claims. Either party may bring an individual claim in small claims court if it qualifies, instead of arbitration.
Binding arbitration. Except for the claims excluded below, any dispute, controversy, or claim arising out of or relating to these Legal Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted by a single arbitrator. Unless you and we agree otherwise, the arbitration will take place in the county where you reside, or be conducted remotely by telephone, video, or written submission at your election. The arbitrator must follow applicable law and may award any relief available in court to the individual party seeking relief. Arbitration fees are governed by the AAA Consumer Arbitration Rules.
Class action waiver. Arbitration will be conducted on an individual basis only. No arbitration may be joined with another proceeding, conducted on a class, collective, consolidated, or representative basis, or brought in a representative capacity on behalf of the general public. If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court and will be severed from any arbitration.
Coordinated claims. If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel, the claims will be resolved in batches of no more than fifty (50) claimants each, with a single arbitrator per batch, and the parties will cooperate with AAA to implement this process. The statute of limitations is tolled for claimants awaiting a batch.
Exclusions. The following are not subject to arbitration: (a) claims seeking to enforce or protect, or concerning the validity of, either party's intellectual property rights; and (b) claims for injunctive relief.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration provision, except that disputes about the enforceability of the class action waiver are for a court to decide.
Your right to opt out. You may opt out of this arbitration provision by sending written notice to support@joinvisit.co within thirty (30) days of first accepting these Legal Terms. Your notice must include your name, the email associated with your account, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Legal Terms and will not affect your use of the Services.
Court proceedings. If a dispute proceeds in court rather than arbitration, it will be brought in the state or federal courts located in Delaware, and the parties consent to jurisdiction and venue there, except that this does not override any non-waivable right you have to bring a claim in the courts of your home state.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY LINKED WEBSITES, AND WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THERE; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, OR SIMILAR MATERIAL TRANSMITTED THROUGH THE SERVICES BY A THIRD PARTY; (6) ANY ERRORS OR OMISSIONS IN CONTENT; OR (7) ANY FAILURE TO DETECT, VERIFY, OR CREDIT A VISIT, OR ANY POINTS OR REWARDS NOT AWARDED AS A RESULT.
WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A PARTICIPATING BUSINESS OR OTHER THIRD PARTY, AND WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
25. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
NOTHING IN THESE LEGAL TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any harmful act toward another user of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with that defense. We will use reasonable efforts to notify you of any such claim.
This section does not apply to claims arising from our own negligence or misconduct.
27. USER DATA
We maintain certain data that you transmit to the Services for the purpose of managing their performance, as well as data relating to your use of the Services. Although we perform routine backups, you are responsible for all data that you transmit or that relates to any activity you undertake using the Services. Except to the extent caused by our own negligence or willful misconduct, we have no liability to you for any loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS.
You may withdraw your consent to receive electronic communications by contacting us at support@joinvisit.co, but doing so may mean you can no longer use the Services.
29. CALIFORNIA USERS AND RESIDENTS
If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
30. MISCELLANEOUS
These Legal Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and us regarding the Services. Our failure to exercise or enforce any right or provision does not operate as a waiver. We may assign our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, it is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us. You waive any defenses based on the electronic form of these Legal Terms and the lack of signature.
31. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding their use, contact us at:
Maven App, Inc. 131 Continental Dr, Suite 305 Newark, DE 19702 United States support@joinvisit.co