Date of Last Revision: February 11, 2021.

Please read these terms of service before using our service or our site.

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Payouts Network Inc. (“Payouts Network,” “we,” “us,” “our”) provides our Services (described below) to you through our website located at www.payoutsnetwork.com (the “Site”), through the sites of our clients or partners, or through other methods (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.payoutsnetwork.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service:

Services Description: The Service is designed to allow you to receive various forms of card-linked point-of-purchase payouts (each a “POP Payout”) from certain merchants and service providers through email, or other methods. You may access or otherwise receive and complete a POP Payout when you register your eligible payment card with Payouts Network.

Each POP Payout is initiated and defined by a specific entity that creates or authorizes the creation of the POP Payout (the “Originator”). POP Payouts are subject to terms, limits, and conditions provided by the correlating Originator, including without limitation activation dates, expiration dates, minimum or maximum spend requirements, and specific redemption locations, any and all such terms as permitted by applicable law. Terms, limits and conditions applicable to each POP Payout will appear on the enrollment webpage.

Your Enrollment Obligations:

You are required to register an eligible payment card with Payouts Network (your “Linked Card”) in order to receive a POP Payout. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted on the enrollment webpage.

Enrollment data is governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. By registering an eligible payment card, you agree that the Payment Card Networks (e.g., MasterCard, American Express, or Visa), may examine transactions made with your Linked Card and share Transaction Data with Payouts Network for the purposes of facilitating a POP Payout, all in accordance with the terms of our Privacy Policy as accepted by you on the enrollment webpage. In addition, you hereby authorize Payouts Network to issue statement credit for qualifying POP Payouts directly to your Linked Card when applicable.  Please see the Payouts Network Privacy Policy for further details.

Acceptance of POP Payouts:

In order to accept a POP Payout or otherwise use the Service, you will be required to complete an enrollment form, provide us with an eligible payment card, and authorize us to receive certain information regarding your Linked Card. You must be the cardholder or an authorized user of the Linked Card, and you agree to provide true, accurate and complete information about your Linked Card. You represent and warrant to Payouts Network that such information that you provide is true and that you are authorized to use the Linked Card you register with us. You are responsible for registering an eligible payment card with us if your Linked Card is no longer valid or if your Linked Card is lost, stolen or if you receive a replacement card. You acknowledge and agree that neither Payouts Network, Originators, nor the Payment Card Network will have any liability associated with or arising from your use of the Service, or your failure to provide accurate enrollment information, including your failure to receive statement credit for a qualifying POP Payout or an update about the Service. If Payouts Network or the Payment Card Network has reasonable grounds to suspect that the information you provided is untrue, inaccurate, or incomplete, your enrollment may be suspended or terminated. You agree to promptly update your Linked Card with any changes (for example if your Linked Card is lost or stolen). At the time you activate a POP Payout, you are agreeing to pay any applicable service or processing fees, unless prohibited by applicable law. You shall be responsible for all applicable taxes associated with the payments facilitated by the Services.

Redeeming a POP Payout:
If you receive a POP Payout, you will be required to make qualifying purchases with your Linked Card at the designated merchant(s) or merchant categories for which the POP Payout is intended (“Qualifying Purchase(s)”) in order to redeem it. You authorize us to collect and store that Linked Card, along with other identifying information in connection with your account, for example your name, email address, and phone number, and to use such Linked Card for the purposes of facilitating redemption of qualified POP Payouts.

Redemptions are facilitated via statement credit back to the Linked Card =with which you made a Qualifying Purchase. Statement credits typically post to your account within 2-3 business days. Pursuant to various requirements of the Payment Card Network, certain Linked Cards may be subject to a $300 maximum statement credit limitation per Qualifying Purchase, as well as to a $300 maximum statement credit limitation for Qualifying Purchases over $300. Deleting your card/un-enrolling from the programYou may delete your card and un-enroll from the program at any time by accessing https://profile.payoutsnetwork.com and following the unenrollment prompts. If you un-enroll your Linked Card, you must link a new qualifying payment card to access any remaining POP Payout balance.

Enrollment Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Payouts Network of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Payouts Network will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:

Payouts Network reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Payouts Network will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage:

You acknowledge that Payouts Network may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service as may be required by policy and applicable law. You agree that Payouts Network has no responsibility or liability for the deletion or failure to store any of your information, account data or other content maintained by the Service. You acknowledge that Payouts Network reserves the right to terminate accounts that are deemed inactive or that are determined to be fraudulent. You further acknowledge that Payouts Network reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Fraud and Abuse:

We may decide not to process any POP Payout for a card payment instrument that you register with us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or us to harm. Payouts Network reserves the right to review, postpone, or cancel any POP Payout in our sole discretion. If your account is determined to be fraudulent, Payouts Network may suspend your account immediately along with all pending POP Payouts with no liability to you, any Originator, or to any third party.  Payouts Network reserves the right to deny any redemption requests it receives that it deems to be illegitimate or in violation of these Terms of Service.

Important Notes About Your Cards and Transactions:

By registering for the Service and linking an eligible payment card, you agree that your payment network (e.g., MasterCard, American Express or Visa), may monitor transaction data associated with your Linked Card (including returns) on your Linked Card and share transaction data relating to Qualified Purchases with Payouts Network for the purposes of facilitating the POP Payout on behalf of the Originator, all in accordance with Payouts Network’s Privacy Policy.

You acknowledge that linked debit cards must be run as credit (i.e. signature transaction) in order to qualify for redemption of a POP Payout, and that PIN-based transactions will not qualify for a POP Payout redemption.

You acknowledge that not all payment cards are eligible for the Service: for example, corporate and purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), non-reloadable prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are ineligible.

You acknowledge your Linked Card may not be eligible for use in all merchant locations or in connection with POP Payouts relating to Express Cards, balance transfers, payments of existing balances, certain  PIN-based purchases, payments made through third-party digital wallets or payment apps, and other transactions not processed through the payment network’s own system.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Inquiry:

Please direct any questions to Payouts Network as follows

:hello@payoutsnetwork.com

Or, to:

Payouts Network, Inc.
107 East Oak St., Ste. 1-D1
Bozeman MT 59715.

Intellectual Property Rights:

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Payouts Network, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to  content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (“Software”). are the property of Payouts Network, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Payouts Network.

The Payouts Network name and logos are trademarks and service marks of Payouts Network (collectively the “Payouts Network Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Payouts Network. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Payouts Network Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Payouts Network Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Payouts Network be liable in any way for any content, information, or materials of any third parties (including users and Originators), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Payouts Network are non-confidential and Payouts Network will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Payouts Network may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Payouts Network, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Websites:

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Payouts Network has no control over such sites and resources and Payouts Network is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Payouts Network will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Payouts Network is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release:

You agree to release, indemnify and hold Payouts Network, the Payment Card Networks, merchants, Originators, and their respective officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Service content, other content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYOUTS NETWORK AND THE PAYMENT CARD NETWORK EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER PAYOUTS NETWORK NOR THE PAYMENT CARD NETWORK MAKES ANY WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PAYOUTS NETWORK AND ITS AFFILIATES, NOR THE PAYMENT NETWORK AND ITS AFFILIATES, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAYOUTS NETWORK OT THE PAYMENT NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE TOTAL LIABILITY OF PAYOUTS NETWORK AND THE PAYMENT CARD NETWORK TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PAYOUTS NETWORK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR MAY BE PROHIBITED BY LAW, IN WHICH CASE SUCH LIMITATIONS ARE EXCLUDED FROM THE FOREGOING PROVISIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration:

At Payouts Network’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Bozeman, MT before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination:

You agree that Payouts Network, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Payouts Network believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Payouts Network may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Payouts Network may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Payouts Network will not be liable to you or any third party for any termination of your access to the Service.

User Disputes:

You agree that you are solely responsible for your interactions with any other user or any Originator in connection with the Service and Payouts Network will have no liability or responsibility with respect thereto. Payouts Network reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or any Originator, in each case in connection with the Service.

General:

These Terms of Service constitute the entire agreement between you and Payouts Network and govern your use of the Service, superseding any prior agreements between you and Payouts Network with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Payouts Network agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bozeman, MT. The failure of Payouts Network to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Payouts Network, but Payouts Network may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy:

At Payouts Network, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of Personal Data as outlined therein.

Notice for California Users:

Under California Civil Code Section 1789.3, users of the Service from California are entitled to 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 (916) 445-1254 or (800) 952-5210.

Questions?  Concerns?  Suggestions?

Please contact us at hello@payoutsnetwork.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. You also may contact us at Payouts Network Inc., 107 East Oak St., Ste. 1-D, Bozeman, MT 59715.

LOYALTY POINT REDEMPTION OPPORTUNITIES

Date of Last Revision: February 11 2021.

Please read these terms of service before using our service or our site.

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Payouts Network Inc. (“Payouts Network,” “we,” “us,” “our”) provides our Services (described below) to you through our website located at www.payoutsnetwork.com (the “Site”), through the sites of our clients or partners, or through other methods (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.payoutsnetwork.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.

Loyalty Point Redemption Opportunities

Access and Use of the Service:

Services Description: A “Loyalty Point Redemption Opportunity” enables you to apply your loyalty points (as awarded, stored, and managed by the entity with which you entered into an agreement governing your participation in a loyalty point program (your “Loyalty Point Provider”)) toward everyday purchases. The Service is designed to allow you to receive various forms of card-linked Loyalty Point Redemption Opportunities from certain merchants and service providers through email, or other methods. You may access or otherwise receive a Loyalty Point Redemption Opportunity when you register your qualifying payment card with Payouts Network.

Each Loyalty Point Redemption Opportunity is initiated and defined by the Loyalty Point Provider (the “Originator”). Loyalty Point Redemption Opportunities are subject to terms, limits, and conditions provided by the correlating Originator, including without limitation activation dates, expiration dates, minimum or maximum spend requirements, and specific redemption locations, any and all such terms as permitted by applicable law. Terms, limits, and conditions applicable to each Loyalty Point Redemption Opportunity will appear on the enrollment webpage.

Your Enrollment Obligations:

You are required to register a qualifying payment card with Payouts Network (your “Linked Card”) in order to receive a Loyalty Point Redemption Opportunity. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted on the enrollment webpage. Enrollment data is governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. By registering an eligible payment card, you agree that the Payment Card Networks (e.g., MasterCard, American Express, or Visa), may examine transactions made with your Linked Card and share Transaction Data with Payouts Network for the purposes of facilitating a Loyalty Point Redemption Opportunity, all in accordance with the terms of our Privacy Policy as accepted by you on the enrollment webpage. In addition, you hereby authorize Payouts Network to issue a statement credit directly to your linked card when you accept a Loyalty Point Redemption Opportunity.  Please see the Payouts Network Privacy Policy for further details.

Enrolling in Loyalty Point Redemption Opportunities:
In order to receive a Loyalty Point Redemption Opportunity or otherwise use the Service, you will be required to complete an enrollment form, provide us with an eligible payment card, and authorize us to receive certain information regarding your Linked Card. You authorize us to collect and store that Linked Card, along with other identifying information in connection with your account, for example your name, email address, and phone number, and to use such Linked Card for the purposes of facilitating the offer and redemption of Loyalty Point Redemption Opportunities. You must be the cardholder or an authorized user of the Linked Card, and you agree to provide true, accurate and complete information about your Linked Card. You represent and warrant to Payouts Network that such information that you provide is true and that you are authorized to use the Linked Card you register with us. You are responsible for registering an eligible payment card with us if your Linked Card is no longer valid or if your Linked Card is lost, stolen or if you receive a replacement card. You acknowledge and agree that neither Payouts Network, Loyalty Point Providers, Originators, nor the Payment Card Network will have any liability associated with or arising from your use of the Service, or your failure to provide accurate enrollment information, including your failure to receive a statement credit for a redeemed Loyalty Point Redemption Opportunity or an update about the Service. If Payouts Network or the Payment Card Network has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your enrollment may be suspended or terminated. You agree to promptly update your Linked Card with any changes (for example if your Linked Card is lost or stolen). At the time you enroll in Loyalty Point Redemption Opportunities, you are agreeing to pay any applicable service or processing fees, unless prohibited by applicable law. You shall be responsible for all applicable taxes associated with the payments facilitated by the Services.

Receiving a Loyalty Point Redemption Opportunity:

Once enrolled, you will be required to make qualifying purchases with your Linked Card at the designated merchant(s) or merchant categories which the program defines (“Qualifying Purchase(s)”) in order to receive a Loyalty Point Redemption Opportunity.

Accepting a Loyalty Point Redemption Opportunity:

After a qualifying purchase is made, you will receive an email or SMS message notifying you that you have received a Loyalty Point Redemption Opportunity. If you accept and redeem the offer, points will be managed or exchanged in accordance with the loyalty point program terms to which you agreed with your Loyalty Point Provider. The Loyalty Point Provider will then instruct Payouts Network to issue the appropriate statement credit to your Linked Card. Redemptions are facilitated via statement credit back to the payment card with which you made a Qualifying Purchase. Statement credits typically post to your account within 2-3 business days. Pursuant to various requirements of the Payment Card Network, certain Linked Cards may be subject to a $300 maximum statement credit limitation per Redemption, as well as to a $300 maximum statement credit limitation for Qualifying Purchases over $300.

Deleting your card/un-enrolling from the program:

You may delete your card and un-enroll from the program at any time by accessing https://profile.payoutsnetwork.com and following the unenrollment prompts.

Enrollment Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Payouts Network of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Payouts Network will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:

Payouts Network reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Payouts Network will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage:

You acknowledge that Payouts Network may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service as may be required by policy and applicable law. You agree that Payouts Network has no responsibility or liability for the deletion or failure to store any of your information, account data or other content maintained by the Service. You acknowledge that Payouts Network reserves the right to terminate accounts that are deemed inactive or that are determined to be fraudulent. You further acknowledge that Payouts Network reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Fraud and Abuse:

We may decide not to process any Loyalty Point Redemption Opportunity for a card payment instrument that you register with us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or us to harm. Payouts Network reserves the right to review, postpone, or cancel any Loyalty Point Redemption Opportunity in our sole discretion. If your account is determined to be fraudulent, Payouts Network may suspend your account immediately along with all pending Loyalty Point Redemption Opportunities with no liability to you, any Originator, or to any third party.  Payouts Network reserves the right to deny any redemption requests it receives that it deems to be illegitimate or in violation of these Terms of Service.

Important Notes About Your Cards and Transactions

By registering for the Service and linking an eligible payment card, you agree that your payment network (e.g., MasterCard, American Express or Visa), may monitor transaction data associated with your Linked Card (including returns) on your Linked Card and share transaction data relating to Qualified Purchases with Payouts Network for the purposes of facilitating the Loyalty Point Redemption Opportunity on behalf of the Originator, all in accordance with Payouts Network’s Privacy Policy.

You acknowledge that linked debit cards must be run as credit (i.e. signature transaction) in order to qualify for a Loyalty Point Redemption Opportunity, and that PIN-based transactions will not qualify for a Loyalty Point Redemption Opportunity.

You acknowledge that not all payment cards are eligible for the Service: for example, corporate and purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), non-reloadable prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are ineligible.

You acknowledge your Linked Card may not be eligible for use in all merchant locations or in connection with Loyalty Point Redemption Opportunities relating to Express Cards, balance transfers, payments of existing balances, certain PIN-based purchases, payments made through third-party digital wallets or payment apps, and other transactions not processed through the payment network’s own system.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Inquiry:

Please direct any questions to Payouts Network via email as follows:

hello@payoutsnetwork.com

Or, to:

Payouts Network Inc.
107 East Oak St., Ste. 1-D
Bozeman MT 59715.

Intellectual Property Rights:

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Payouts Network, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (“Software”) are the property of Payouts Network, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Payouts Network.

The Payouts Network name and logos are trademarks and service marks of Payouts Network (collectively the “Payouts Network Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Payouts Network. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Payouts Network Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Payouts Network Trademarks will inure to our exclusive benefit.

Third Party Material:

Under no circumstances will Payouts Network be liable in any way for any content, information or materials of any third parties (including users and Originators), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Payouts Network are non-confidential and Payouts Network will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Payouts Network may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Payouts Network, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Websites:

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Payouts Network has no control over such sites and resources and Payouts Network is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Payouts Network will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Payouts Network is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release:

You agree to release, indemnify and hold Payouts Network, the Payment Card Networks, merchants, Originators, Loyalty Point Providers, and their respective officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Service Content, other content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYOUTS NETWORK AND THE PAYMENT CARD NETWORK EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER PAYOUTS NETWORK NOR THE PAYMENT CARD NETWORK MAKE ANY NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PAYOUTS NETWORK AND ITS AFFILIATES, NOR THE PAYMENT NETWORK AND ITS AFFILIATES, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAYOUTS NETWORK OR THE PAYMENT NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE TOTAL LIABILITY OF PAYOUTS NETWORK AND THE PAYMENT CARD NETWORK TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PAYOUTS NETWORK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR MAY BE PROHIBITED BY LAW, IN WHICH CASE SUCH LIMITATIONS ARE EXCLUDED FROM THE FOREGOING PROVISIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration:

At Payouts Network’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Bozeman, MT before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination:

You agree that Payouts Network, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Payouts Network believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Payouts Network may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Payouts Network may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Payouts Network will not be liable to you or any third party for any termination of your access to the Service.

User Disputes:

You agree that you are solely responsible for your interactions with any other user or any Originator in connection with the Service and Payouts Network will have no liability or responsibility with respect thereto. Payouts Network reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or any Originator, in each case in connection with the Service.

General:

These Terms of Service constitute the entire agreement between you and Payouts Network and govern your use of the Service, superseding any prior agreements between you and Payouts Network with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Payouts Network agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bozeman, MT. The failure of Payouts Network to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Payouts Network, but Payouts Network may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy:

At Payouts Network, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of Personal Data as outlined therein.

Notice for California Users:

Under California Civil Code Section 1789.3, users of the Service from California are entitled to 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 (916) 445-1254 or (800) 952-5210.

Questions?  Concerns?  Suggestions?

Please contact us at hello@payoutsnetwork.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. You also may contact us at Payouts Network Inc., 107 East Oak St., Ste. 1-D, Bozeman, MT 59715.