Terms of Use
Overview
The following Terms and Conditions (“Terms”) govern your use of our website or platform at https://www.GetRefunds.com/, “Site”), use of our app (i.e., the GetRefunds App), or your interactions with us concerning products or offerings available on the Site and/or app (collectively, the “Services”). Additional, product- or offering-specific terms may also apply and are hereby incorporated by reference into these Terms. If there is any conflict between product- or offering-specific terms, then these Terms shall prevail.
These Terms are a binding contract between you and your company (collectively, “you,” “your”) and GetRefunds Enterprises, LLC (“GetRefunds,” “we,” “us,” or “our”).
THE FOLLOWING TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION REGARDING ARBITRATION, SEE SECTION 20 (“DISPUTE RESOLUTION; CLASS ACTION WAIVER”) BELOW.
You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any other terms and conditions that GetRefunds may reference or incorporate into these Terms from time to time, or that you may accept while using the Services.
You acknowledge and agree that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of GetRefunds, and you do not have any authority of any kind to bind GetRefunds in any respect whatsoever.
Eligibility to Use GetRefunds' Services
To access or use GetRefunds’ Services, you must be able to form a legally binding contract with GetRefunds. You therefore represent and warrant that you are of legal age to form a binding contract and have the capacity and authority to bind yourself and the company or entity on whose behalf you are acting. If you do not agree to these Terms, please do not use the Services.
Ages 18 and Over Only
The Site is intended for those ages 18 and over. If you are under 18 years of age, please do not use GetRefunds’ Services.
In accordance with the federal Children's Online Privacy Protection Act of 1998 (COPPA), GetRefunds will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify GetRefunds of any concerns in this regard.
You will only use the Services for your use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
If your use of the Services is prohibited by applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you are not authorized to use the Services. If permits and licenses are required for you to use the Services, it is your responsibility to first obtain those prior to such use. GetRefunds is not responsible for your using the Services in a way that breaks any law or regulation.
Data Privacy
GetRefunds takes the privacy of our users very seriously. To view our current Privacy Policy, please click here.
Description of Services
The Services consist of a web-hosted user interface that helps businesses learn about various offerings or opportunities that may be of interest to a particular business. You understand that interacting with any of these systems or code that support the Services is ultimately your own decision, and GetRefunds has no control or responsibility for the results of your transactions with any offering or opportunity via this interface (collectively, the “Services”).
Representations and Certifications
You certify that you have the required authority to sign and submit any information or enter any contract on behalf of the entity for whom you are submitting a questionnaire or application for a product or offering. The entity on whose behalf you are acting is the “Applicant,” and you the “Authorized Representative.”
You certify that the information provided in the questionnaires or applications and in all supporting documentation is true and correct in all material respects. You make this certification after reasonable inquiry of people, systems, and other information available to the Applicant.
As the Authorized Representative on behalf of the Applicant, you recognize and agree to hold harmless GetRefunds and its employees and officers from any damages, monetary or otherwise, that may arise as a result of incorrect information supplied by the Applicant, including in relation to any product or offering available via the Site.
Your access and use of the Site may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the website. While we will make reasonable efforts to make the website available to you, we do not promise that it will be available at all times.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site, other products or services, advertising or marketing materials (any use of your personal information will be subject to our Privacy Policy).
Your Responsibilities
You are responsible for ensuring that the Services are compatible with your business and systems requirements and for the provision, maintenance, and use of your hardware, network, internet connectivity, and software.
You are responsible for the accuracy, quality, completeness, appropriateness, timeliness, integrity, legality and all other aspects of any data, documents, information or material uploaded or submitted by you to or through the Service (“Your Data”), the means by which you acquired it, and for keying it accurately into the Service. GetRefunds does not have any obligation to approve, control, or verify Your Data.
You are responsible for all acts and omissions of your employees who are authorized by GetRefunds to access and use the Service and who have been supplied with user identifications and passwords by you (or by GetRefunds at your request) (“Authorized Users”) and other Representatives, and any act or omission by an Authorized User or Representative of yours that would constitute a breach of the Terms if done by you will be deemed a breach of the Terms by you.
Restrictions and Requirements for our Services
You represent, warrant, and agree that you will not contribute any content or otherwise use the website or interact with the website in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including GetRefunds);
- Violates any law or regulation or these Terms;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of GetRefunds;
- Attempts, in any manner, to obtain the account or other security information from any other individual;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are using the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Services;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means) (see Section 11 for the definition of “Content”);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services to the fullest extent possible.
Electronic Communications Consent and Electronic Notifications
You agree and consent to receive electronically all non-telephonic communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we or our partners provide in connection with your use of the Service. Communications include, but are not limited to:
- Agreements, notices, and policies (e.g., the Terms and Privacy Policy), including updates to these agreements, notices, or policies;
- Federal and State tax statements we or our partners are required to make available to you, if applicable; and
- Offering- or product-related disclosures such as application disclosures.
We will provide these Communications to you by posting them on the Services and/or by emailing them to you at the email address listed in your GetRefunds account.
GetRefunds may from time to time provide automatic notifications and voluntary Services-related notifications, as further explained below and subject to our Privacy Policy.
Assumption of Risk
By using our Services, you acknowledge and accept that there are substantial risks associated with using the Sites and Services provided on the Internet. You agree and understand that you:
- Have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Services;
- Have the knowledge, experience, understanding, professional advice, and/or information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of our Services and are not relying on us; and
- Accept networking technology generally. You further assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth in these Terms.
You take responsibility for all activities and transactions that occur in connection with your use of our Services and accept all risks and consequences of your use of our Services to the maximum extent permitted by law.
GetRefunds does not, and cannot, assure that reports submitted through the Services, including but not limited to compliance reporting, will be accepted by FinCEN or any other applicable regulatory agency, government entity, or governmental body, or that reports successfully submitted through our Services means that the individual or entity for which the report is submitted is in compliance with the Corporate Transparency Act, or any other statute, rule, or regulation and corresponding its respective reporting obligations. GetRefunds does not provide legal advice or other professional services. Any advice or guidance given by or on behalf of GetRefunds in connection with the Services is given solely for informational purposes and nothing provided by GetRefunds should be construed as investment, legal, accounting, or tax advice. We provide information and software services only, and you are responsible for appropriately using this material.
You are required to, and hereby represent that you have, complied with and are in compliance with all applicable laws, including data privacy laws, and any restrictive agreements such as confidentiality agreements, in sharing any personal information through the Services.
Confidentiality
You may disclose or make available to GetRefunds information about your business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, in electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" (collectively, “Confidential Information"). Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Confidentiality provisions by GetRefunds or any of its officers, employees, or agents (collectively, our “Representatives”); (ii) is or becomes available to GetRefunds on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by or in the possession of GetRefunds before being disclosed by or on behalf of you; (iv) was or is independently developed by GetRefunds without reference to or use, in whole or in part, of any of your Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation, or a valid order issued by a court or governmental agency of competent jurisdiction.
Intellectual Property
Your right to access and use of the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our website for lawful purposes. Subject to your compliance with these Terms, GetRefunds hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the website (for personal, non-commercial purposes).
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including GetRefunds’) rights.
You understand that, except with respect to any open source software or third-party software that the Services incorporate, GetRefunds owns the Services, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable license to access and use those portions of the Services that are proprietary to GetRefunds.
GetRefunds Has and Retains All Rights in Our Services
Except for integrations with or links to third-party applications or websites, the Service itself, all content, and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“GetRefunds Content”) are the property of GetRefunds and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the GetRefunds Content without our permission.
Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing GetRefunds Content, for your use and to engage as expressly permitted by the features of the Service. GetRefunds may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, GetRefunds reserves all other rights, and no other rights are granted by implication or otherwise.
Third Party Services and Websites
Any third-party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.
GetRefunds is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.
The Services may contain links or connections to third party websites or services that are not owned or controlled by us. In other cases, third party websites or services may integrate with our Services, or we may integrate with third party websites or other services. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. The fact that our Services may be used with other third-party services should not be taken as an endorsement of those services. GetRefunds encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize, as your use of those services is subject to those terms and policies.
GetRefunds has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, GetRefunds will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold GetRefunds harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, financial transactions, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants of the Services, or between users and any third party, you agree that GetRefunds is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release GetRefunds, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Suspension or Termination of Use
You may terminate your use of our Services at any time. GetRefunds may terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. GetRefunds has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree that GetRefunds shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Services. In addition, we reserve the right to take any action that GetRefunds, in its sole discretion, believes to be in the interest of GetRefunds and of our users as a whole.
Disclaimer of Warranty
Your Use of the Services is Subject to Certain Disclaimers. GETREFUNDS SERVICES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. GETREFUNDS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH GETREFUNDS SERVICES OR AVAILABLE THROUGH OUR SITE. GETREFUNDS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SERVICES. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICES BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, GETREFUNDS DOES NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. GETREFUNDS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SERVICES AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
GETREFUNDS DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR. WE DO NOT PROVIDE FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX OR LEGAL ADVICE.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
Limitation of Liability
GetRefunds, its affiliates, and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions, or other inaccuracies in our Services (including, without limitation, as a result of breach of any warranty or other term of these Terms of Service).
Despite anything else stated in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to the transactions you conduct or attempt to conduct using our Services, or losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control. This includes, without limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; ire; food; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or, communications capabilities; insurrection; elements of nature; or non-performance by a third party.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GETREFUNDS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
To the fullest extent allowed by applicable law, You agree to indemnify and hold GetRefunds, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services, or (b) your violation of these Terms or applicable law. GetRefunds reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide GetRefunds with such cooperation as is reasonably requested by us.
California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of a website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the GetRefunds Services.
Changes to These Terms of Service
GetRefunds is constantly working to improve its Services, and these Terms may need to be updated. GetRefunds reserves the right to change these Terms at any time. Updates to these Terms will be made available on the GetRefunds Site (https://getrefunds.com) may suspend or discontinue any part of the Services, or GetRefunds may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. GetRefunds reserves the right to remove any content from the Site or Services at any time, for any reason in our sole discretion, and without notice.
If you do not agree with the new Terms after any changes, please immediately discontinue your use of the Site and Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Dispute Resolution, Class Action Waiver
You should read this section carefully because it requires you to arbitrate certain disputes and claims with GetRefunds and limits the manner in which you can seek relief from GetRefunds, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
You and GetRefunds agree that any dispute, including, but not limited to, disputes arising out of or related to these Terms or the Services is personal to you and GetRefunds. You and GetRefunds agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. Further, you and GetRefunds agree that the arbitrator may not consolidate proceedings or consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Except for small claims disputes in which you or GetRefunds seek to bring an individual action in small claims court located in the county of your principal place of business if in the United States (or Miami-Dade County if you do not have a principal place of business in the United States), or disputes in which you or GetRefunds seeks injunctive or other equitable relief, you and GetRefunds waive your/its rights to a jury trial and to have any dispute resolved in court. This agreement to arbitrate disputes includes, but is not limited to, any and all claims for relief and theories of liability, between you and GetRefunds, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with GetRefunds, or any interactions between you and GetRefunds. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
For any dispute or claim that you may have against GetRefunds or relating in any way to the Services, you agree to first contact GetRefunds and attempt to resolve the claim informally by sending a written notice of your claim ("Dispute Notice") to GetRefunds by email at privacy@getrefunds.com or by certified mail addressed to GetRefunds Enterprises, LLC, 1200 Brickell Avenue, Suite 950, Miami, FL 33131. The Dispute Notice must (i) include your company’s name, business address, email address, and telephone number; (ii) describe the nature and basis of the claim; and (iii) set forth the specific relief sought. If GetRefunds has a claim against you, GetRefunds is required to provide notice similar in form to that described above and attempt to resolve the claim informally. If you and GetRefunds cannot reach an agreement to resolve the claim within thirty (30) days after such Dispute Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Subject to determination by the arbitrator, the default location for the arbitration proceedings shall be Miami-Dade County, Florida, but the arbitration proceedings may alternatively be conducted telephonically or via video conference at your request. You and GetRefunds also agree that any court compelling arbitration under this Agreement may compel arbitration within its own jurisdiction to the extent that controlling law does not otherwise allow the court to compel arbitration in a different forum. For disputes alleging damages less than $30,000, the dispute will presumptively be decided on the basis of the parties’ written submissions and no final hearing or in-person proceedings will be required absent the consent of both parties. With respect to disputes of $30,000 or more, AAA shall designate an arbitrator who maintains his or her primary business office in the state of Florida and who is, or was previously, a member of the Florida Bar. The most recent version of the AAA Rules are available on the AAA website and are hereby incorporated by reference. You either (i) acknowledge and agree that you have read and understand the AAA Rules or (ii) waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
You and Get Refunds agree that the provisions of this Section 20 affect interstate commerce and that the enforceability of this Section 20 will be interpreted and enforced in accordance with the law of the State of Florida, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), and federal arbitration law, to the maximum extent permitted by applicable law. You and GetRefunds clearly and unmistakably agree that the arbitrator shall have the power to rule on his or her own jurisdiction, and the existence, scope, validity, and arbitrability of these Terms. This delegation provision shall be deemed a contract entered into under the law of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act.
The arbitrator shall apply the law of the State of Florida to all substantive issues in the dispute; provided, however, if the law of the State of Florida shall be deemed unenforceable due to the law of the state in which your company has its principal place of business, the arbitrator shall apply the law of the state in which you have your principal place of business. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the Federal Arbitration Act to interpret and enforce this agreement to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of the terms of the agreement to arbitrate disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.
The arbitrator, GetRefunds, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
For claims that you bring against GetRefunds: absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), if you initiate an arbitration in which you seek no more than $30,000 in damages, GetRefunds will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this agreement to arbitrate disputes, with the exception that you are responsible for a portion of the initial filing fees of an arbitration initiated in accordance with this agreement to arbitrate disputes, based on the total amount of damages you are seeking (the “Arbitration Filing Fee Payment”). If you are seeking no more than $500 in damages, the amount of your required Arbitration Filing Fee Payment will be $55. If you are seeking more than $500 in damages, but less than $30,000.01 in damages, the amount of your required Arbitration Filing Fee Payment will be $175. If you fail to pay the Arbitration Filing Fee Payment at the commencement of the arbitration, GetRefunds will make that payment on your behalf upon demand from the arbitrator. The arbitrator will then invoice you for the Arbitration Filing Fee Payment at the next opportunity, which you will be required to promptly pay for the arbitration to continue. Unless the arbitrator makes a determination that you would qualify for indigent party status, under no circumstances will your obligation to pay the Arbitration Filing Fee Payment be held in abeyance until the conclusion of the arbitration. If you prevail at arbitration, you will receive your Arbitration Filing Fee Payment back from GetRefunds as part of the award from the arbitrator. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious, payment of all fees will be determined in accordance with AAA Rules. If you initiate an arbitration in which you seek more than $30,000 in damages, the payment of fees will be governed by the AAA Rules. For claims that GetRefunds brings against you, the payment of fees will be governed by the AAA Rules. You and GetRefunds agree that the state or federal courts of the State of Florida and the United States sitting in Miami-Dade County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You have the right to opt out of binding arbitration within fourteen (14) calendar days of the date you first accepted these Terms, including this Section. You may exercise this right to opt out by sending a written opt-out notice via certified mail to GetRefunds Enterprises, LLC, 1200 Brickell Avenue, Suite 950, Miami, FL 33131. To be effective, the opt-out notice must include your company’s full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21 (“Governing Law; Class Action Waiver”). If you do not timely opt out of binding arbitration, you agree to resolve disputes in accordance with this Section.
If any portion of this Section is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from this Section; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Governing Law; Class Action Waiver
Except for the agreement to arbitrate disputes contained in Section 20 of these Terms, any dispute between GetRefunds and you shall be construed and enforced in accordance with the laws of the State of Florida except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If your principal place of business is outside of the United States, then these Terms will be governed by the laws of the State of Florida without regard to its conflict of laws principles. Any dispute between the parties, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with GetRefunds, or any interactions between you and GetRefunds, that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts sitting in Miami-Dade County, Florida. Finally, to the extent permitted by law, in the event that your dispute with GetRefunds is adjudicated in court instead of arbitration, you agree to proceed only on an individual basis and not on a consolidated, class-wide, or representative basis.
Jury Trial Waiver
In the event that any dispute between the parties, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with GetRefunds, or any interactions between you and GetRefunds, is not subject to arbitration or cannot be heard in small claims court, you and GetRefunds hereby waive any right to a trial by jury in such action, proceeding, claim, or counterclaim.
Miscellaneous Terms
- Entire Agreement. The Terms, including GetRefunds’ Privacy Policy and any product- or offer-specific terms you accept, which are hereby incorporated by reference, constitute the entire agreement between you and GetRefunds and governs your use of the site, superseding any contemporaneous or prior agreements between you and GetRefunds.
- Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. GetRefunds may transfer, assign, or delegate these Terms and our rights and obligations without consent.
- Waiver and Severability. The failure of GetRefunds to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- Notices. GetRefunds may provide you with notices, including, without limitation, those regarding changes to the Terms and other site-related announcements, by postings on the site or via email.
- Limitation on Claims. Any action concerning the site must be brought within one (1) year after the reason for the action arises, or the claim is barred.
- GetRefunds May be Legally Compelled to Disclose Certain Information. You agree that in the event GetRefunds receives a subpoena issued by a court or from a law enforcement or government agency, GetRefunds may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto.
- Contact Information. Please send any questions, comments or report any Terms of Service violations to privacy@getrefunds.com.