TrialPay Terms of Service
Welcome to the online transaction service operated by TrialPay (the "Service") and accessible from the website at www.trialpay.com (the "Site"). By visiting the Site or using the Service you agree to comply with and be bound by the following Terms of Service and any documents referenced herein.
Please review these Terms of Service carefully. If you do not agree to these Terms of Service you have no right to obtain information from TrialPay or otherwise use the Site or the Service. Failure to use the Site or Service in accordance with these Terms of Service may subject you to severe civil and criminal penalties under applicable law.
You agree to the terms and conditions outlined in these Terms of Service and any documents referenced herein (collectively the "Agreement") with respect to the Site and the Service. This Agreement constitutes the entire and only agreement between TrialPay, Inc. ("TrialPay" or "us") and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Service, Products provided by or through the Site or the Service, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of these Terms of Service will be made available under the "Terms of Service" link on the Site as well as through the link titled "User Terms of Service" available at www.trialpay.com/legal/, and you should review these Terms of Service prior to each visit to the Site or use the Service. Other documents referred to in these Terms of Service are also available at www.trialpay.com/legal/.
We Require You to Meet These Basic Requirements to Use the TrialPay Service:
- When using the Service you represent that you are of sufficient age to form legally binding contracts. Our Service is not designed to solicit or collect information of any kind from persons under the age of 13, and we do not knowingly collect any information from persons under the age of 13.
- There is a restriction of one TrialPay account per person. TrialPay reserves the right to terminate duplicate accounts, resulting in the potential loss of the Product(s) obtained by or through the TrialPay Service.
- We require you to provide accurate information when registering for or interacting with the Service. It is your responsibility to ensure that your contact information is correct in your TrialPay account. Failure to do so may result in you not receiving a Product. Persons found to have fraudulent, misrepresented, or otherwise untruthful information contained in a TrialPay account may have that account terminated and may not be entitled to use the Service in the future.
- TrialPay does not warrant, guarantee, or offer any support for the Product(s) obtained from or through the TrialPay Service. No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent. For the purposes of this Agreement, "Product" includes without limitation tangible goods, software, games, electronic books, virtual currency, virtual goods, statement credits, services, information, content, rewards, and other items offered or received through the Service.
- Violation of this Agreement may result in the termination of your TrialPay account, and any Product(s) obtained by means of the Service may be revoked.
Completing a Direct Payment Transaction.
Direct payment transactions, such as transactions for the purchase of a Product from a Merchant Partner completed by means of a Visa, MasterCard, American Express, or Discover payment card, or a PayPal account, are subject to Terms of Sale available at www.trialpay.com/legal/terms-of-sale-end-users/.
Completing an Offer-Based Transaction.
The following terms apply to use of the Service for Offer-Based Transactions. An Offer-Based Transaction is the opportunity to obtain a Product from a third party (the "Merchant Partner") by completing an offer made by another third party (the "Advertising Partner") that has been made available by TrialPay through the Service (an "Offer").
- In order to successfully complete an Offer-Based Transaction and receive your Product from the Merchant Partner you must meet all of the Offer requirements that have been established by the Advertising Partner that has made available the Offer.
- You must initiate the completion of the Offer from within the TrialPay Service. Transactions initiated on another website without originating from within the TrialPay Service may not be tracked by our Advertising Partners and you will not be eligible to receive your Product from the applicable Merchant Partner.
- We expect you to fully understand and comply with the instructions and restrictions stated during the Offer presentation and completion process. Unless stated otherwise, Offers may only be completed once per person and once per household or be limited to new customers or members only. In the event that you attempt to complete an Offer more than once you shall not be eligible to receive your Product, and your TrialPay account(s) may be terminated.
- Depending on the Offer completed there may be a delay in receiving your Product due to a delay in the Advertising Partner reporting the Offer completion to TrialPay. The times for Product fulfillment made available through the Service are estimates only. In cases where the delay exceeds the estimated completion time, you may submit proof of the completed Offer (called a "receipt") for manual review. If your receipt is approved by TrialPay, you will be issued your Product. TrialPay in its sole discretion has the right to accept or deny any such receipts and is not obliged to provide any reasons for its decisions. Receipts submitted more than forty-five (45) days after the Offer was completed will not be considered.
- You may not complete an Offer with the intent to immediately cancel or return the Product from the Advertising Partner. A "quick cancellation" is considered to be fraudulent and may void your transaction. TrialPay may, at its discretion, suspend or revoke your right to use the TrialPay Service, terminate your TrialPay account, and/or report your activity to the Merchant Partner, website, and/or service that has referred you to TrialPay, who each may terminate your account or take other punitive action if you are found to have engaged in such activity.
- Any prices, terms and Product descriptions made or referred to on this Service are subject to availability. While we undertake good faith effort to ensure that Products appearing on the Service are available, we cannot guarantee that all Products are in stock or immediately available when you complete your Offer. We may reject your transaction (without liability) if we are unable to process or fulfill it. We have the right to withdraw and/or revise the terms of any Offer Based Transaction prior to conclusion of a transaction. We also reserve the right to notify you of any mistakes in Product descriptions or errors in terms prior to conclusion of a transaction. The Offer-Based Transaction is concluded after we receive a report of your completion of an Offer from the Advertising Partner and the earlier of (i) TrialPay dispatching a report of your transaction to the Merchant Partner or (ii) TrialPay sending you an email with instructions on how to access your Product.
- We may choose to retain records of completed transactions, acknowledgements, acceptances and other contract and transaction records. We may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and documents contained or referenced in this Agreement for your own records.
- The places that we can deliver a specific Product ("Territory") will be provided in connection with your transaction relating to that Product. Unless otherwise specified you are responsible for VAT and any other tax or duty which (where applicable) apply to your completion of an Offer and your receipt or use of a Product.
Card Linked Offers.
A Card Linked Offer is an Offer that You initiate by registering a payment card with TrialPay, activating specific Offers, and completing the required action or actions in order to receive the Product or other reward. Card Linked Offers may be made available through our Site, through the sites of our partners, or through other methods. Card Linked Offers are governed by the Card Linked Offer Terms and Conditions, available at www.trialpay.com/legal/card-linked-offers-terms/, in addition to these Terms of Service.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and Service are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights). The copying, redistribution, use or publication by you of any such matters or any part of the Site or Service, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Service. The posting of information or materials on the Site or Service does not constitute a waiver of any right in such information and materials.
Limited Right to Use.
The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site or Service grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
"TrialPay" is a trademark and service mark of TrialPay, Inc. All other trademarks appearing on the Site or Service are the property of their respective owners.
If you believe that, either on the Site or through the Service, your work has been copied in a way that constitutes copyright infringement please provide TrialPay's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying TrialPay that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site or Service;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TrialPay's Copyright Agent for notice of claims of copyright infringement on its Service or the Site can be reached as follows:
Attn: Copyright Agent
800 California Street
Mountain View, CA 94041 USA
Other Intellectual Property Claims.
If you believe that any of your intellectual property rights other than copyright (including but not limited to trademark, trade secrets or rights of publicity) have been infringed on this Site or through the Service please contact us at firstname.lastname@example.org.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site or available through the Service.
You agree to indemnify, defend and hold TrialPay, Payment Services Providers (as defined in the Card Linked Offer Terms), Merchant Partners, Advertising Partners, and their respective directors, officers, shareholders, employees, agents, attorneys, and affiliates (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or Service, any Product obtained or Offer completed by means of the Site or Service, or any violation of this Agreement.
Your right to use the Site and the Service is not transferable. Any password or right given to you to obtain information or a Product from the Site or the Service is not transferable.
THE PRODUCTS AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIALPAY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY PRODUCTS AVAILABLE FROM OR THROUGH THE SERVICE, THE SITE, OR THE SITE ITSELF, WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY PRODUCTS, AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS. ALL PRODUCTS PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER.
LIMITATION OF LIABILITY.
TRIALPAY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE TRIALPAY SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT WILL TRIALPAY'S AGGREGATE LIABILITY TO YOU EXCEED US$50.00. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE, AND EACH OF THE SITE AND SERVICE RESPECTIVELY, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other Websites.
The Site and Service may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites and we are not responsible for the content in or opinions expressed at such websites, and we do not investigate, monitor or check the same. The inclusion of a link on the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site or Service and access any third-party websites, you do so at your own risk.
Except where expressly provided otherwise by us, all comments, feedback, information, ideas or materials that you submit through or in association with the Site or the Service shall be considered non-confidential. By submitting such comments, feedback, information, ideas, or materials to us: (i) You represent and warrant that TrialPay's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights; (ii) You represent and warrant that you have all rights to enter into this Agreement; (iii) You understand and agree that TrialPay is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) You grant TrialPay all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by TrialPay to anyone whatsoever. You acknowledge that you are responsible for and bear all risk as to the use or distribution of any comments, feedback, information ideas, or materials. TrialPay expressly prohibits the scraping of email addresses from any TrialPay website (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to TrialPay domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software. Visitors to the Site and users of the Service shall not tamper, hack, spoof, copy, or otherwise defraud the Site or Service. You agree that you shall not use any robot, spider, scraper or other automated means to access the Service or the Site for any purpose without our express permission.
The Site and Service can be accessed from different locations around the world and may contain references to Products or TrialPay services and programs that have not been announced or made available where you are located. These references do not imply that TrialPay intends to announce or make available such Products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in Mountain View, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Service or Site (and/or any Products, information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "Warranty Disclaimer" and "Limitation of Liability" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to all matters relating to this Agreement or your use of the Site or Service, except as described in the Disputes section below and you consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
If a dispute arises between you and TrialPay our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact TrialPay to resolve your problem directly with us. You may contact TrialPay regarding any complaints or disputes at www.trialpay.com/support/contactus/.
Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Site, your use of the Service, a Product offered or provided by or through the Site or Service, or otherwise arising out of or relating to this Agreement that cannot be resolved directly between you and TrialPay shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Section ("Disputes"), this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must apply and follow the terms of this Agreement as a court would.
Either you or we can initiate an arbitration through the following alternative dispute resolution ("ADR") provider and rules: the American Arbitration Association (AAA) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes.
The ADR provider and the parties must also comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
You and TrialPay each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of ADR in these Terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or TrialPay or Our Affiliated Parties pending the completion of the arbitration.
Except as explicitly provided in this Agreement, all claims you bring against TrialPay must be resolved in accordance with this "Disputes" Section. Any claim filed or brought contrary to this Disputes Section shall be considered improperly filed. Should you file a claim contrary to this Section, TrialPay may recover from you attorneys' fees and costs up to $1500 per claim, provided that TrialPay first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
TrialPay Terms of Service (October 31, 2012)