At Lealzy, LLC a Delaware limited liability company (with its Participating Business, “Lealzy,” “we”, “our”, or “us”), we are dedicated to providing our customers with outstanding customer service and uncompromising privacy protection. For this reason, we believe you should understand the terms of use that we have adopted to help us provide you with that level of service. Our Terms of Use establish your rights and obligations as a user of our Services.

At Lealzy, we provide users with the ability to earn tokens and rewards (collectively, “Rewards”) from various participating merchants (each a “Participating Business”). Our website and mobile application and any of the services provided by Lealzy in connection with the website and/or mobile application, including all of the online products, templates, plans, features, capabilities, and service offered by Lealzy, (collectively herein referred to as the “Services”) are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully as they govern your use of the website, mobile application, Rewards and related services. By accessing our Services, you agree to be bound by these Terms of Use.

It is our goal to make the use of our Services a good experience for all of our users. As such, by using our Services you hereby agree not to do any of the following:

When you create your account, you undertake to share the information required to process your orders as requested online, including, your surname, first name (or corporate name of your company), address, phone number, and valid email. This data shall be processed in accordance with our Privacy Policy, where we describe how we manage, process and store your data in the context of providing our Services. You are responsible for the consequences of false or inaccurate information you have shared with us.

You shall keep confidential and secure all credentials, User IDs and passwords associated with your account (including the master account and any attached sub-accounts), and to immediately notify us of any unauthorized use of your account, or of any theft or loss of credentials allowing access to the account. You agree not to provide your User ID or password to any unauthorized third party. Each account is personal and can only be accessed and used by you or the users duly authorized by you. You recognize and acknowledge that you may be liable for any unlawful, wrongful or fraudulent use of the account, and you shall indemnify and hold us harmless as set forth in these Terms of Use. We reserve the right to request proof of your identity or authority before granting access to your account.

You represent and warrant that all information submitted in connection with the establishment and use of your account will be accurate.

You acknowledge any unauthorized use of credentials, User IDs or passwords by or on behalf of you will constitute a material breach of these Terms of Use.

The rewards offered by each Participating Business is at their sole discretion. The rewards obtained from one Participating Business can be redeemed only from that particular Participating Business itself. Rewards from one Participating Business cannot be redeemed from another Participating Business or even from Lealzy, directly.

You shall be solely and wholly liable (i) for any data, information or content, in particular the content of emails, SMS, other information or content sent by you through the Service, including if such content is provided by a third party, such as, but not limited to, an SMTP relay or via the routing of an entire infrastructure (the “Content”), and (ii) for the Content’s compliance with the regulations in force in accordance with these Terms of Use.

You acknowledge that we have the right, but not the obligation, to monitor the Services and any Content submitted. To comply with legal obligations in this respect, we may take any actions including, without limitation, removing Content or denying routing of certain data and emails that we reasonably believe are necessary to prevent unlawful activity in connection with the Services, but have no affirmative duty to so, as the affirmative duty rests solely with you.

You expressly acknowledge and agree that Lealzy shall not be liable for any loss or destruction of the Content and that you shall be responsible for ensuring that you have proper backups thereof.

Lealzy does not make any guarantee to the Services provided by third parties. Should any user determine to utilize, contribute, or invest in any Service, the user acknowledges that Lealzy has no control over the compliance with the proposed provider of the Service and cannot guarantee that such provider will honor any commitment made, nor the legality of the same.

All of the pages and screens on the Services are owned and controlled by Lealzy, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on our Services include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Services. You are authorized to view the information available on the Services for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as provided herein, you may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Services for any commercial or public purpose without Lealzy’s prior written consent. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Services except as authorized in this paragraph. You may not use any Lealzy trademark as a link to our Services except pursuant to a written trademark license agreement.

During your use of the Services, you shall have the nonexclusive, non-assignable, royalty free, worldwide limited right to use the Services solely for your personal use and subject to the terms herein and any other policies Lealzy may have, including, without limitation, its Privacy Policy. You are solely responsible for your compliance with these Terms of Use. You shall not acquire, herein, any license to use the Services in excess of the scope and/or duration of the Services. Upon the termination or expiry of the Services thereunder, your right to access or use the Services and the Services shall terminate.

By posting, submitting, providing and/or otherwise making available any Content, you expressly grant, and represent that you have a right to grant, to Lealzy, a royalty-free, sub-licensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting Content on the Lealzy Services, distributing such Content to in compliance with Applicable data privacy laws. This license continues even if you stop using the Services to the maximum extent permitted by Applicable laws.

You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to Content that you submit, provide, make available or post, via the Services, that the use by Lealzy of Content will not violate any law or infringe the rights of any third party, and that the Content and any other information that you provide to Lealzy is legal, complete, legitimate, truthful and accurate.

Lealzy reserves the right to make changes to these terms and conditions at any time that are effective immediately upon posting on the Services. We may do this to ensure the Services are as useful and efficient as possible, we will note on this page when there are any changes and we advise you to check this page periodically. If you violate these Terms of Use, Lealzy may terminate your use of the Services, bar you from future use of the Services, and/or take Appropriate legal action against you.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy.

Any communications between you and Lealzy, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Links to Third Party ServicesOur Services may contain links to third party Services that are not owned, operated, or controlled by Lealzy. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such Services or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party Services. By using our Services you expressly relieve us from any and all liability arising from your use of any third party Services.

Lealzy may from time to time promote or offer services and/or products of a third party. In no event shall Lealzy be liable for any incidental, indirect, special, incidental, exemplary, punitive or consequential damages arising out of your purchase, inability to purchase, or use of such third party services or products.

All third parties who utilize the Services are solely responsible for compliance with these Terms of Use, Lealzy’s Privacy Policy, and all Applicable laws, including user privacy rights (i.e. CCPA, GDPR, etc.). 

Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as Lealzy, when such online service providers provide or make available access to third party user generated content (see § 230 (c)(1) which states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).” The decision by Lealzy to remove or not post or distribute any content, does not by itself amount to participation in the creation of such Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA.

Lealzy is committed to complying fully with the Children’s Online Privacy Protection Act. Accordingly, if a user of this Services are under the age of thirteen, that user is not authorized to provide us with personally identifying information. Users under the age of thirteen and their parents or guardians are cautioned that the collection of personal information volunteered by unauthorized children online or by e-mail will be treated the same as information voluntarily given by an adult until Lealzy becomes aware that the user is under the age of thirteen. The Services are not directed at children under the age of 13. If you are younger than 13, please do not provide any personally identifying information in connection with your use of this Services.

You may establish one (1) authorized user account through which you will use and access the Services; provided that, you are at least eighteen (18) years old; provided, however, that if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Services under the consent and supervision of your parent, legal guardian or responsible adult.

You authorize Lealzy to use your Content including, without limitation, a valid email address owned or controlled by you (“the User Information”) to communicate with third parties. You agree that any notices, agreements, disclosures or other communications that Lealzy sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

You consent to Lealzy’s use and disclosure of the Content solely in connection with its provision of the Services and in accordance with the terms herein.

Lealzy reserves the right to revise these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Services. If you find the Terms of Use unacceptable at any time, you should discontinue use of the Services. By continuing to access the Services after the date of any change to these Terms of Use, you agree to be bound by the rules contained in the most recent version of this Agreement.

Lealzy may change or discontinue the Services or any of the Services at any time without prior notice. We reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice, and these Terms of Use below. In the event of any termination, you will immediately cease access to the Services.

You agree to defend, indemnify and hold harmless Lealzy, Participating Businesses and their respective directors, officers, employees and agents from and against all claims, losses, damages, costs and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use, Privacy Policy, or misuse of the Services or this Services or your account, including such violation or misuses conducted by your employees or agents, if applicable.

These Terms of Use constitute a contract between you and Lealzy governed by the laws of the State of New Jersey. Lealzy’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Lealzy nor any trade practices shall be deemed to modify these Terms of Use.

Subject, to Lealzy’s right to amend, which you have an affirmative obligation to keep Apprised of, these Terms of Use is the entire agreement between you and Lealzy and governs our relationship to the exclusion (to the extent permitted by law) of any other terms and conditions (other than those implied by law).

Any reference to any legislation or legislative provision in these Terms of Use shall be construed as a reference to that legislation or provision as amended, re-enacted or extended at the relevant time.

You acknowledge and agree that you have not been induced to enter into these Terms of Use in reliance upon any representation or other promise of any nature whatsoever other than as expressly set out herein.

These Terms of Use are binding on each party and their respective successors and assigns. You may not assign any rights herein without Lealzy’s written consent. No person other than Lealzy and you have any right to a benefit under, or to enforce the terms herein.

Any waiver under these Terms of Use must be in writing and signed by the waiving party. No delay, neglect or forbearance by either party in enforcing any provision herein shall be deemed to be a waiver or in any way prejudice any rights of that party.

Except as otherwise permitted in these Terms of Use, notices under these Terms of Use shall be in writing and shall be deemed to have been given (a) (5) business days after mailing if sent by registered or certified U.S. mail, (b) when transmitted if sent by facsimile or email, provided that a copy of the notice is promptly sent by another means specified in this section, or (c) when delivered if delivered personally or sent by express courier service. All notices shall be sent to you at the addresses provided by you at the time you register your information on the Services.

if any provision of these Terms of Use is, or becomes, illegal, unenforceable or invalid, the provision must be treated for all purposes as severed from these Terms of Use without affecting the legality, enforceability or validity of the remaining provisions of these Terms of Use.

Any provision that by its nature should or implicitly should survive termination, shall survive termination of the parties relationship and the Services.

This section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to interactions between users); and claims that may arise after the termination of these Terms of Use.

Pre-Arbitration Dispute Resolution: For any and all disputes, claims, or controversies you may have against Lealzy (“Disputes”), whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute informally by contacting us through this link with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within forty-five (45) days after receiving your notification, then you may pursue resolution of the Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

If the Dispute has not been resolved and is not subject to the exclusions provided above, then either party may initiate binding arbitration as the sole means to resolve all Disputes, subject to the terms set forth below.

All Disputes shall be resolved before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case applying the rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. You can find the JAMS rules and procedures here at this link: https://www.jamsadr.com/adr-rules-procedures/.

To start an arbitration with JAMS, you must do the following: (1) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (2) send three copies of the Demand for Arbitration, plus the Appropriate filing fee, to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018; and (3) send three copies of the Demand for Arbitration to Lealzy at NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018 , ATTN: Legal Department.

You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, each party will pay an equal share of all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or Applicable law provide otherwise.

Location of Arbitration: If you live in the United States, you may initiate and litigate the arbitration in your hometown area or through the JAMS office located in New York, New York. If you live outside the United States, you must initiate and litigate the arbitration through the JAMS office located in New York, New York. Either party may ask that the arbitration, including the hearings, arguments, and all conferences, be conducted telephonically or by video conference (e.g., Skype).

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, the Privacy Policy or any additional policy of Lealzy, including but not limited to any claim that all or any part of such is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered in any court with jurisdiction.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

CLASS ACTION WAIVER: The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THIS MEANS THAT YOU AND LEALZY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT SEPARATE INDIVIDUAL ARBITRATIONS SHALL BE CONSOLIDATED, UPON REQUEST BY EITHER PARTY, IF SUCH SEPARATE INDIVIDUAL ARBITRATIONS RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD BY A SINGLE ARBITRATOR IN A SINGLE ARBITRATION. IF EITHER PARTY REQUESTS CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN THE PARTIES TO THE CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH RESPECT TO THE SERVICES OF THE ARBITRATION. THE FOLLOWING FACTORS MAY BE CONSIDERED IN REQUESTING A CONSOLIDATION OF ARBITRATIONS:

By agreeing to these Terms, you are waiving your right to trial by jury or to participate in a class action. We are also waiving these rights.

Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve Disputes through arbitration, either party may (1) bring enforcement actions, validity determinations or claims arising from or relating to misuse, infringement, or misappropriation of intellectual property theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); and/or (2) seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.