IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THESE TERMS IF YOU HAVE CREATED OR USED A TREAT ACCOUNT, YOU HAVE CLICKED "PLACE ORDER", OR YOU HAVE ACTIVATED A TREAT CARD.
We may amend these Terms of Service at any time by posting a revised version, so we encourage you to check them often for updates. These Terms of Service are separate and independent from the terms of the Treat Gift MasterCard© Cardholder Agreement, ("Cardholder Agreement") which governs the relationship between you and Issuing Bank.
You must carefully review these Terms of Service and documents referenced herein when choosing whether to use the Treat Services. Please be advised: These Terms of Service contain provisions that govern how claims we have against each other are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. You will be permitted to pursue claims against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will be permitted to seek relief (including monetary, injunctive, and declaratory relief) only on an individual basis. The Cardholder Agreement covers all issues relating to access to your Treat Gift MasterCard© Cardholder Account ("Card Account"), the Treat Card ("Card"), and financial transactions involving the Card Account or Card, notwithstanding anything in these Terms of Service.
OUR RELATIONSHIP WITH YOU
Treat is Only a Payment Service Provider
1.1 Treat is a technology and marketing company that markets the Treat Service, allows users to purchase gift cards, delivers those gift cards to recipients, and facilitates the management and reloading of those cards on behalf of our banking partner. Treat is not your agent or trustee. Treat does not have control of, or liability for, the products or services that are paid for through the Treat Services.
1.2 Privacy is very important to us. Treat's Privacy Policy regarding collection, use and sharing of Information it gathers about you is set forth in its separate Privacy Policy notice which you must read and accept as part of your enrollment and use of the Treat Services and the creation of a Treat Account.
Your Use of Another User's Information
1.3 You agree to use Information that you receive about another User only as necessary to use the Treat Services. You shall not disclose such Information to a third party, use such Information for your marketing purposes or use it for any other purposes, without Treat's prior written consent to do so and, where required by law, the consent of the other User.
1.4 Some of the features of the Treat Services may be supported by advertising revenue and may display advertisements and promotions. In consideration for Treat granting you access to and use of the Treat Services, you agree that Treat may place such advertising on the Treat website and may send you advertising via email. As part of the Treat Services, you may receive text and picture messages, e-mails or other types of messages. Please be aware that your cell phone service provider or your Internet service provider may charge you fees for your use of data. Additionally, you may be charged for messaging fees for SMS advertising, communications, alerts, verification, and notifications, depending on the message plan you have with your wireless carrier. By providing your phone number to Treat, you certify that you are the account holder or that you have the account holder's permission to do so. To stop receiving e-mails you can use the unsubscribe mechanism, provided that e-mails containing important information about your account will continue to be sent until you cancel your Treat Account.
1.5 You are responsible for maintaining adequate security and control of your mobile phone, any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Treat Services and your Treat Account. You should also carefully safeguard your Card. You agree to immediately notify us of any unauthorized use of your login credentials or other breach of security, either by phone at 855-636-7959 or by e-mail at
[email protected].
All Transactions are processed by automated methods, and anyone who obtains your access credentials and/or mobile phone could use it to transfer your money without your permission.
If you furnish your mobile phone and/or Treat Services access credentials to a third party, a third party uses your login credentials, or you negligently make your mobile phone or access credentials available to a third party who then uses them, you will be liable for the Transactions conducted and other use or misuse of your Treat Account until and unless we have been notified otherwise. You are responsible for any use or misuse with respect to your login credentials. We may require you to close your Treat Account and open a new one, and/or change your Treat Services access credentials.
TREAT SERVICES — GENERALLY
2.1 To be eligible to use the Treat Services, you must be at least 18 years old and a resident of the United States.
2.2 Through the Treat Services, you may purchase new gift cards to be sent to recipients, and add and receive money into your Card Account, by using a mobile device, the Internet, or other technologies on which Treat may make the Treat Services available from time to time. You may add money to your Card Account and conduct payment transactions as described below. Please note that funds sent through the Treat Services may not be instantly available to you. The Cardholder Agreement will govern the timing and availability of deposits made to and from your Card Account.
2.3 Through the account interface in the Treat Services, you may view your Transaction history, change your settings and saved contact information, view and manage gift cards that you have sent and received, verify your account, and add and delete saved payment information.
Changes to the Treat Services
2.4 We reserve the right to change, suspend or discontinue any aspect of the Treat Services at any time, including hours of operation or availability of the Treat Services or any Treat Services feature, without notice and without liability. We also reserve the right to impose limits on certain Treat Services features or restrict access to some or all of the Treat Services without notice and without liability.
Transaction Restrictions
2.5 Restrictions on Card Account transactions are fully described in, and governed by the Cardholder Agreement. The restrictions and available balances on your card can be viewed in your Treat Account.
3.1 When you sign up for Treat, you are creating a Treat Account unique to your provided email address and/or phone number. During the signup process for the creation of a Treat Account we will ask you to provide certain Information. You may also need to create a Card Account and be asked to agree to abide by the terms of the Cardholder Agreement between you and Issuing Bank.
3.2 You agree to cooperate with all requests made by us or any of our third party service providers in connection with your Treat Account, to identify you, authenticate your identity, or validate your funding sources or Transactions. Treat reserves the right to close, suspend, or limit access to your Treat Account and/or the Treat Services in the event we are unable to obtain or verify such Information. You authorize Treat, directly or through our third party service providers, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your email address or payment instruments or verifying your Information against third party databases or through other sources. We may also ask to see your driver's license or other identifying documents at any time. However, we will not access your credit report without first obtaining your consent.
3.3 You are responsible for confirming the accuracy of the information you provide for each purchase you make, including the mailing address or email address of the recipient.
3.4 "TreatGiftCards.com," "Treat," and all logos related to the Treat Services are either trademarks or registered trademarks of GoLocal Inc. or its licensors. You may not copy, imitate or use them without Treat's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks or trademarks of Treat. You may not copy, imitate, or use them without our prior written consent.
3.5 If you have an inquiry regarding a payment made with the Treat Support, or you believe there has been an error or unauthorized Transaction, please contact Treat Customer Support immediately. Customer Support can be contacted via email at
[email protected] or via phone at 855-636-7959.
4.1 As stated above, to use the Treat Services, you may be required to create or take possession a Card Account with Issuing Bank and you hereby authorize us to share any Information you provide to us with Issuing Bank. Issuing Bank will use such Information in accordance with its privacy practices. If you request a Card Account and the request is accepted, then Issuing Bank will receive, hold and transfer funds on your behalf, subject to the terms of the Cardholder Agreement (the "Card Account Services"). Once you have created your Card Account, you will be eligible to receive Card Account Services. Issuing Bank, not Treat, provides the Card Account Service to you. Treat does not receive, hold or transfer your funds under the Card Account Service. Treat is, however, engaged by Issuing Bank as its limited agent only to help provide the following portions of the Card Account Service: administering your enrollment into that service; receiving, approving, and relaying your transfer instructions for execution by Issuing Bank; accounting services and reporting services regarding the funds held or transferred for you by Issuing Bank; and, associated customer support. The Treat Card is not a credit card, and Treat and Issuing Bank are not extending credit in connection with your use of the Treat Services.
4.2 Your Card Account balance does not earn interest. The Card Account is not a payroll account and cannot be used to make payroll payments to anyone. Transactions with your Card Account may be limited by applicable limits set by Issuing Bank under the Cardholder Agreement or Treat as set forth in these Terms of Service.
Reported Card Account Balance
4.3 You acknowledge that balances and available funds reported via the Treat Services only approximate real time balances rather than the settled balances in your Card Account. A real time balance may not take into account pending debits and credits.
Loading Your Card Account
4.4 The Cardholder Agreement governs any and all loads to your Card Account. To load your Card Account, you must request an electronic transfer from your Payment Card. In such a transaction, you are instructing Treat to instruct our payment processor to charge your card and the Issuing Bank to accept electronic transfers in the amount you specify and to deposit such funds into your Card Account. You give Treat the right to resubmit any charge that is returned for insufficient or uncollected funds.
5.1 The Treat Card is a physical card connected to your Card Account at Issuing Bank that may be used to make purchases at locations that accept MasterCard Debit Cards. Some balances in your Card Account will be restricted for use a one or more merchants or category of merchants. The available balances will be shown in your Treat Account. When your Treat Card arrives, it will be restricted to only give you access to the funds initially loaded onto the card. In order to add additional funds, or accept additional funds that are sent to you, you will be required to provide additional information so that your identity may be verified. We may, for any reason deny your request to load additional funds into your Card Account.
Refused and Refunded Transactions
5.2 When you send additional funds, the recipient is not required to accept it and all transactions are subject to Treat's approval. You agree that you will not hold Treat liable for any damages resulting from a recipient's decision not to accept a payment or Treat's decision to not approve a payment. Any unclaimed, refunded or denied payment will be returned to you through the original Payment Instrument. Any unclaimed payment will be returned to you within 30 days of the date you initiated payment.
5.3 When you send a gift card to a recipient, you are authorizing and instructing Treat to instruct Issuing Bank or another party as applicable to charge your Payment Card for the amount of the gift card plus any additional fees.
5.6 Treat may delay sending instructions on your behalf if we have reason to believe that your instructions may involve fraud or misconduct, or violate applicable law, these Terms of Service, or applicable Treat policies, as determined in Treat's sole and absolute discretion.
5.7 It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Treat is not responsible for determining whether taxes apply to your Transaction, or for collecting, reporting or remitting any taxes arising from any Transaction. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Treat Services, including without limitation, the reporting and payment of any taxes arising in connection with Transactions made through the Treat Services.
CLOSING YOUR TREAT ACCOUNT
How You May Close Your Treat Account and Card Account
6.1 If you wish to close your Treat Account you must contact us by email at
[email protected]. Your Treat Account can be closed only by you or by Treat. If you contact us with such a request, we will take certain steps to verify your identity and you agree to cooperate in such verification. Once we have verified your identity and confirmed you wish to close your Treat Account, Issuing Bank will close your Card Account pursuant to the procedures and conditions outlined in the Cardholder Agreement.
Limitations on Closing Your Treat Account
6.2 You may not close your Treat Account to evade an investigation. If you attempt to close your Treat Account while we are conducting an investigation, Treat may freeze the account for up to one hundred eighty (180) days to protect Treat, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Treat Account even after the Treat Account is closed. The terms of closing your Card Account are covered by the Cardholder Agreement.
7.1 The fees associated with purchasing a gift card, adding funds, or sending additional funds are all disclosed prior to purchase. Please note these purchase fees, as they are non-refundable. All other fees are charged as per the Cardholder Agreement.
ELECTRONIC COMMUNICATIONS DELIVERY
This section describes how Treat communicates with you electronically, provides additional detail about the Communications we provide you, and sets out the hardware and software you need to receive these Communications.
Electronic Delivery of Communications
8.1 You agree and consent to electronic receipt of all Communications that we provide in connection with your Treat Account and the Treat Services. Since Treat is an electronic service, you agree that Treat has no obligation to send, and you have no right to receive, communications in paper form. We will provide Communications to you by making them available through the Treat Services or by emailing them to you at the primary email address listed in your Treat Account profile. Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
-
Posting them to your Treat Account, or on our web site or making them available through the Treat Services; or
-
Sending them via email to the email address you used to create your Treat Account.
Issuing Bank and Treat may issue combined Communications for the sake of convenience and you hereby consent to such joint Communications. You acknowledge and agree that such joint Communications shall not make Issuing Bank or Treat responsible for the other's services.
Checking for Communications and Updates
8.2 It is your responsibility to log on to your Treat Account and the Treat Services to open and review Communications that we deliver to you through those means.
Calls to You; Mobile Telephone Numbers
8.3 By providing Treat a telephone number (including a mobile telephone number), you agree to receive autodialed and prerecorded message calls at that number. The ways in which you may provide a telephone number include, but are not limited to, providing a telephone number at Treat Account opening, adding a telephone number to your Treat Account at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number, for service-related matters. We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialing or prerecorded messages, but we may share your phone numbers with our affiliates or with our service providers, such as billing or collections companies, who may contact you using autodialed or prerecorded message calls or text messages. Standard telephone minute and text charges may apply if we contact you.
Updating Your Contact Information
8.4 It is your responsibility to keep your primary email address up to date so that Treat can communicate with you electronically. You understand and agree that if Treat sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Treat will be deemed to have provided the Communication to you. You can update your primary email address or street address at any time by logging into the Treat Services. If your email address becomes invalid such that electronic Communications sent to you by Treat are returned, Treat may deem your Treat Account to be inactive, and you will not be able to use your Treat Account until we receive a valid, working primary email address from you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Treat to your email address book so that you will be able to receive the Communications we send to you.
RESTRICTED ACTIVITIES, FRAUD; UNAUTHORIZED TRANSACTIONS
9.1 In connection with your use of the Treat Services, or in the course of your interactions with Treat, other Users, or third parties, you will not:
-
Breach these Terms of Service, or any other agreement or policy that you have agreed to with Treat, Issuing Bank, or a Card Processor;
-
Violate any law, statute, ordinance, or regulation;
-
Use the Treat Services to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
-
Infringe Treat's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
-
Act in a manner that is defamatory, libelous, threatening or harassing;
-
Provide false, inaccurate or misleading information;
-
Engage in debt-collection activities;
-
Instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
-
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
-
Attempt to "double-dip" during the course of a Dispute, Chargeback, Reversal or other investigation, with "double-dipping" being defined as intentionally or knowingly receiving or intentionally or knowingly attempting to receive funds from both Treat and a merchant or Issuing Bank for the same Transaction;
-
Control a Treat Account that is linked to another Treat Account that has engaged in any of these Restricted Activities;
-
Conduct your business or use the Treat Services in a manner that is likely to result in or may result in complaints, Disputes, Reversals, Chargebacks, fees, fines, penalties or other liability to Treat, other Users, third parties or you;
-
Use your Treat Account or the Treat Services in a manner that Treat, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
-
Allow your Card Account to have a negative balance;
-
Provide yourself a cash advance from your credit card (or help others to do so);
-
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or interfere or attempt to interfere with the Treat Services;
-
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
-
Use the Treat Services to test credit card behaviors;
-
Circumvent any Treat policy or determinations about your Treat Account such as temporary or indefinite suspensions or other Treat Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Treat Account when a Treat Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Treat Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else's Treat Account;
-
Harass our employees, agents, or other Users;
-
Use the Treat Services to fund or remit payroll or payroll deposits;
-
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us; or
-
Use the Treat Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or applicable law.
If your Treat Account is used to conduct (or to attempt to conduct) Transactions that we believe are not permitted by these Terms of Service (such as one of the activities set forth above) or applicable law, we may, in our sole discretion, and without waiving any of our rights, freeze, close, suspend, terminate or limit your access to the Treat Services. We reserve the right to refuse to facilitate any Transaction, except as prohibited by your Cardholder Agreement.
9.2 Treat may monitor your Transactions for the purpose of determining fraudulent activity and whether you are in good standing with Treat. Based on our methods, which are subject to change without notice, Treat may decide to suspend your Treat Account, or in other ways limit your privileges. Treat will use all available information to help combat fraud on our system. If you believe your Treat Account has been opened or used in an unauthorized manner in connection with a Transaction, please contact us.
Unauthorized Transactions
9.3 If you become aware of any unauthorized charge occurring through your Treat Account, you should contact Treat customer support as soon as possible via phone at 855-636-7959 or via e-mail at
[email protected]. If Treat suspects unauthorized Transactions, Treat reserves the right to suspend your use of the Treat Services, except as prohibited by your Cardholder Agreement.
10.1 You are responsible for all liabilities, financial or otherwise, incurred by Treat, a User, or a third party caused by or arising out of your breach of these Terms of Service, your use of the Treat Services, and any use of your Treat Account. You agree to reimburse Treat, a User, or a third party for any and all such liability, to the extent not prohibited by applicable law or your Cardholder Agreement with Issuing Bank. The consequence of any breach of the terms of your Cardholder Agreement will be covered by that agreement, separately and independently from these Terms of Service.
Reimbursement for Your Liability
10.2 To the extent permitted by law, we may collect from you any obligations that you owe us under the Terms of Service. To the extent permitted by law, we may also collect from you, by any collection means available to us, any amounts we pay or incur in connection with Reimbursable Claims. Additionally, as applicable, you agree to cooperate with Issuing Bank, the Card Processor, and any third party associated with the Treat Services.
Actions by Treat — Restricted Activities
10.3 If Treat, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Treat, other Users, other third parties, or you from liability. The actions we may take include but are not limited to the following:
-
We may close, suspend, or limit your access to your Treat Account or the Treat Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
-
We may contact Users who have Transacted with you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
-
We may update inaccurate Information you provided us;
-
We may refuse to provide the Treat Services to you in the future;
-
We may take legal action against you; and
-
Treat, in its sole discretion, reserves the right to terminate these Terms of Service, access to its website, or access to the Treat Services for any reason and at any time upon notice to you.
DISPUTE RESOLUTION BY BINDING ARBITRATION
You and Treat agree that any claim or Dispute at law or equity that has arisen or may arise between you and Treat will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
11.1 If a Dispute, claim, or controversy of any kind arises out of or relates to these Terms of Service, you and we agree to resolve any such Dispute, claim, or controversy exclusively through mandatory binding arbitration. You should review this provision carefully. This arbitration provision limits your and our ability to litigate claims in court, and you and we each agree to waive your and our respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with the arbitration proceedings between you and us. Any Dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with these Terms of Service.
11.2 You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or Dispute that has arisen or may arise between you and Treat.
11.3 You and Treat each agree that any and all Disputes or claims that have arisen or may arise between you and Treat shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
-
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TREAT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TREAT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TREAT USERS.
-
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow these Terms of Service as a court would. If the Dispute is for $500,000 or less, the case shall be heard by a sole arbitrator. In all other instances, the case shall be heard by three (3) arbitrators.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), subject to these Terms of Service. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Treat may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Treat subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Treat, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
-
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in these Terms of Service. If the value of the relief sought is $10,000 or less, at your request, Treat will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Treat should be submitted by mail to the AAA along with your demand for arbitration and Treat will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Treat will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being so cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Treat for all fees associated with the arbitration paid by Treat on your behalf that you otherwise would be obligated to pay under the AAA's rules.
-
Severability. With the exception of any of the provisions in subsection (a) of this Section 11.3 (Agreement to Arbitrate), if a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If a court decides that any of the provisions in subsection (a) of this Section is invalid or unenforceable, then the entirety of this Section shall be null and void. The remainder of the Terms of Service will continue to apply.
-
Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Treat prior to the effective date of the change. Moreover, if we seek to terminate the agreement to arbitrate as included in these Terms of Service, any such termination shall not be effective until 30 days after the version of the Terms of Service not containing the agreement to arbitrate is made available to you in accordance with these Terms of Service, and shall not be effective as to any claim that was filed in a legal proceeding against Treat prior to the effective date of termination.
11.4 If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Treat will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of these Terms of Service.
11.5 You agree to defend, indemnify and hold Treat, our parent, affiliates and the officers, directors, agents, joint ventures, employees and suppliers of Treat harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of these Terms of Service, your improper use of the Treat Services, and/or your violation of any law or the rights of a third party.
11.6 If you have a Dispute with one or more Users, you release Treat (and our parent, our affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such Disputes. You agree that you will not involve Treat in any litigation or other Dispute arising out of or related to any Transaction, agreement, or arrangement with any User, advertiser or other third party in connection with the Treat Services. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Treat and other Treat affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or Dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Transaction under the Cardholder Agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act. In entering into this release you expressly waive any protections (whether statutory or otherwise — e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Treat is not an Issuing Bank, Seller, or Processor
13.1 Treat is not a bank or other chartered depository institution. Your conducting Transactions and/or redemptions of Third Party Offers or Treats using the Treat Services are between you and a third party, and not with Treat or any affiliates. Treat is not a party to your Transactions.
13.2 These Terms of Service do not amend or otherwise modify your agreement with the issuer of your Payment Instrument, or Third Party Offer, or any other agreement with a third party, and you are responsible for ensuring your use of the Treat Services complies with such agreements. You also are responsible for all charges and/or debits to your Payment Instrument resulting from purchases using the Treat Services, in accordance with such agreements. In the event of any inconsistency between these Terms of Service and your agreement with the issuer of your Payment Instrument or Third Party Offer, or any other agreement with a third party, these Terms of Service govern the relationship between you and Treat solely with respect to the Treat Services, and your agreement with such third party governs the relationship between you and such third party. You acknowledge and agree that you are solely responsible for the Payment Instrument or Third Party Offer and other information you enter or otherwise store in the Treat Services. Treat is not responsible for the accuracy or availability of any information you enter or otherwise store in the Treat Services, including, without limitation, whether such information is current and up-to-date.
13.3 These Terms of Service set forth the entire understanding between you and Treat with respect to the Treat Services. Any other terms which by their nature should survive, will survive the termination of these Terms of Service. Unless stated otherwise in these Terms of Service, if any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.4 To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.
13.5 You may not transfer or assign any rights or obligations you have under these Terms of Service without Treat's prior written consent. Treat reserves the right to transfer or assign these Terms of Services or any right or obligation under these Terms of Service at any time.
No Third Party Beneficiaries
13.6 No third party shall have any rights to enforce the Terms of Service.
13.7 We, in our sole discretion, may terminate these Terms of Service at any time, with or without cause or notice, other than any notice required by applicable law. The termination of these Terms of Service will not affect any of our rights or your obligations arising under these Terms of Service. Termination of your Treat Account requires closing your Card Account. Treat will inform Issuing Bank, and Issuing Bank will return your remaining balance to you.
Compliance with Legal Requests
13.8 We may comply with any subpoena, levy, or other legal process that we believe (correctly or otherwise) to be valid. We may notify you of such process electronically, by phone, or in writing. If we are not fully reimbursed for our record research, photocopying, and handling costs by the party that served the legal process, we may charge such costs to you. We may honor any legal process that is served personally, by mail, or by facsimile to us, even if the law requires personal delivery at another location.
Notice
13.9 In addition to the electronic communications authorized under the Section entitled "Electronic Communications," statements, notices and other communications to you may be made by mail, email, and postings on the Treat websites or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on our website. Notice to Treat may be made by mail to:
Treat
PO Box 471724
San Francisco, CA 94147
Change in Service Providers
13.10 Treat has the right to change any of its third-party service providers, including without limitation the Card Processor, with or without notice that we, in our sole discretion, deem to be reasonable in the circumstances. You agree to cooperate with Treat and any other service providers selected by Treat as reasonably required for Treat or such other service providers to perform services for which it is responsible.
13.11 If we fail to enforce any of our rights under the Terms of Service, or applicable laws, it shall not be deemed to constitute a waiver of such right. If any provision is found by a court to be invalid, then the remaining provisions shall remain in full force and effect.
13.12 Treat will not be liable for any delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, software failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which Treat has no reasonable control, and nothing in this section will affect or excuse your liabilities and obligations under these Terms of Service.
13.19 To reach Treat by phone or e-mail, please use the following phone number and e-mail address:
These Terms of Service are effective as of October 23, 2015.