THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2.HOW COUPONS, CASH BACK INCENTIVES, LOYALTY REWARDS, AND/OR REBATES ON THE SERVICES WORK
In order to receive a Rebate, users must scan the UPC and upload a photo of their receipt for the purchase of Qualifying Products to the Service no later than the claim by date, or as set forth in the applicable Rebate or on the App. All Rebates are also subject to the terms and conditions set forth in the Rebate offer or promotion. All Rebate claims are subject to Makeena’s final, sole, and absolute review and approval. If a Rebate submission is incomplete or fails to meet any of the terms and conditions applicable to such Rebate, no Rebate will be issued. Applicable tax, if any, is the sole responsibility of the user.
You understand and agree that the Service uses a series of algorithms and optical recognition technologies to convert the photographed images of your receipts into digital text. This automated process is often prone to errors, and as such, you understand that you are solely responsible for confirming that your purchase of all Qualifying Products is accurately reflected on the Services. You further understand and agree, any alteration, blurring, burning, charring, darkening, destruction, obscuring, obfuscation, ripping, smearing, tearing, or other damage to your receipts may impact your ability to upload evidence of your purchase of Qualifying Products to the Service. Makeena assumes no liability for the accuracy or completeness of any receipt or other information you upload to the Services, or any inaccuracies or failures of the Services to translate photographs of your receipts into digital text.
3.LICENSES AND RESTRICTIONS
5.INTERACTIONS WITH OTHER USERS
6.OWNERSHIP RIGHTS AND LICENSE. As between you and Makeena, the Makeena Properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the “Makeena Content”) is, and shall remain the sole property of Makeena and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Makeena.
7.BRAND INFORMATION. The Service solely acts as a portal to allow Brands to pass their promotions and Rebates, as well as other information about their products and services, including, but not limited to, ingredient and nutritional information, onto users. All statements, recommendations, opinions, offers, and other information presented or disseminated to users related to Brands and/or their products and services via the Services, are made by the Brands who are solely responsible and liable for their content, and are not reviewed, approved, or endorsed by Makeena. Makeena does not endorse or promote any Brand or their products or services, and Makeena makes no representation relating to and does not offer any opinion, recommendation, or advice regarding any Brand, their products or services, any posted ingredient or nutritional information or any product claims. As such you agree that, as between Makeena and the Brands, the Brands are solely for their products and services, including all representations, warranties, guarantees, promises, statements, and claims. Makeena has no obligation to review, check, or investigate any statement or claim made by any Brand.
8.NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MAKEENA PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAKENA PROPERTIES, AND ANY MAKEENA CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MAKEENA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MAKEENA PROPERTIES, AND ANY MAKEENA CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAKEENA DOES NOT WARRANT THAT THE MAKEENA PROPERTIES, AND ANY MAKEENA CONTENT OR USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MAKEENA PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MAKEENA PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE UNAVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAKEENA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
9.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MAKEENA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MAKEENA PROPERTIES, ANY MAKEENA CONTENT OR ANY INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MAKEENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAKEENA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY MAKEENA TO YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGES, OR (B) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.RELEASE. If you have any dispute with one or more Brands, you hereby release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from all claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF UNKNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11.ARBITRATION; APPLICABLE LAW
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
12.APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to you if you are using an App from an App Store or Google Play. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store or Google Play.
13.MAKEENA NAME AND ADDRESS. Makeena’s contact information for any end-user questions, complaints, or claims with respect to Makeena Properties is firstname.lastname@example.org.
14.INDEMNIFICATION. You agree to indemnify, defend, release, and hold harmless Makeena, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses, and expenses arising directly or indirectly from (a) any negligent acts, omissions, or willful misconduct by you, (b) your use of the Makeena Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
15.EQUITABLE REMEDIES. You hereby agree that if the terms of these Terms are not specifically enforced, Makeena will be irreparably damaged, and therefore you agree that Makeena shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.
16.DIGITAL MILLENNIUM COPYRIGHT ACT. Makeena is committed to respecting and protecting the legal rights of copyright owners. As such, Makeena adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. §512 et seq.). If you believe infringements upon your intellectual property rights are taking place on or through the Service, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Makeena’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
Makeena’s Copyright Agent to receive DMCA Takedown Notices is: email: email@example.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases, or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Makeena to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
18.TERMINATION. Makeena may cancel, suspend, or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data, including Rebates, you have stored on the Service, including any User Content may be unavailable later, unless Makeena is required to retain it by law. You may terminate your registration at any time. Makeena is not responsible or liable for any records, Rebates, or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT MAKEENA WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favor Makeena will survive the expiration or termination of these Terms for any reason.
19.CONSUMER COMPLAINTS. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
20.MISCELLANEOUS. Makeena’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated: November 21, 2019
Effective Date: December 28, 2019
Information You Provide to Us – Registration
When you subscribe to the Application or register on the Site to use our Services, you create an account (“Account”).When, and if you register by creating a Profile (defined in User Profiles section below), we collect certain Personal Information from you, including, but not limited to, your name, email address, phone number, zip code, and all Personal Information or other information you provide in the registration form or through additional questions we ask or surveys you participate in through your use of the Services. We generally collect information from you so that we can help you find products, brands, merchants, and retailers that interest you, facilitate your use of the Services, and to otherwise provide or improve the Services. We will not use your Personal Information for any purpose incompatible with this Policy unless we provide you notice and an opportunity to opt-out (or opt-in, to the extent required by applicable law).
Information Received from Third Parties
Information Collected from Users Automatically
We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.
The technology used to collect information automatically from Makeena Users may include the following:
We use Local Storage, such as HTML5and other similar markup language, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 and other similar markup language to collect and store information. Various browsers may offer their own management tools for removing HTML5 and other similar markup language.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Makeena does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
In order to use the Services, you must create a profile, which consists of information about you, and may include Personal Information, photographs, opinions, ideas, preferences of the types of products you like to purchase, past purchases, etc. (“Profile”). If you create Profile, you are a “Registered User.” The information in your Profile may be visible to all or a subset of Users of the Service and the general public subject to the privacy choices you make within your Profile. You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at firstname.lastname@example.org.
The Service may provide you the opportunity to participate and post content publicly in forums, on blogs, through interactive features Makeena and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your User Forum Content. Please note that your use of Community Forums is subject to our Terms of Service.
To request removal of your personal information from our blog or community forum, contact us at email@example.com.In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our Site and in the Application, in addition to other endorsements. With your consent we may post your testimonial along with your name and/or username.If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
Social Networking Services
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn, Twitter, and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender, and other information you make publicly available via the SNS) to create your Account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information SNS has about you is obtained by the SNS independent of our Service, and Makeena is not responsible for it.
The Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.
You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Makeena to pay any fees or making Makeena subject to any usage limitations imposed by such SNS. You can disable the link between your Makeena account and your SNS account at any time. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Makeena Account and your SNS account will terminate as well.
WE USE INFORMATION WE COLLECT:
We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. In addition, we share your Personal Information, as well as Site and Application engagements, with our brand, merchant, retail, and other partners, for the purpose of marketing our Services and for the purpose of marketing our partners’ products and services. When you consent to the receipt of promotional sms or text messages, we may provide your phone number with trusted partners who may advertise services that are relevant to you as described in further detail below.
4. THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES
Makeena works with (or may in the future work with) network advertisers, ad agencies, analytics service providers, and other vendors to provide us with information regarding traffic on the Service (or various aspects of the Application), including pages viewed and the actions taken when visiting the Service and Application; to serve our advertisements on other web sites, within the mobile Application and elsewhere online; and to provide us with information regarding the use of the Service and Application and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service and Application as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements, or for data aggregation or analysis. Some of these parties may collect Personal Information when you visit the Service, Application, or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us or other third parties.
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also opt-out by emailing us at email@example.com. Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.
Registered Users may update their choices regarding the types of communications you receive from us through your Account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails or through our Application. Please note that we reserve the right to send you certain communications relating to your Account or use of the Service (for example, administrative and service announcements) via email, in-App messaging, and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered Users who access the Service by using the Application may, with permission, receive push notifications. Similarly, Registered Users who access the Service by using certain desktop browsers may, with permission, receive push notifications or emails. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online or mobile account. If you request to access all Personal Information you’ve submitted, we will respond to your request to access within thirty (30) days. If you completely delete all such information, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, you will no longer be able to use the Service. If you would like us to deactivate your Account in our system, you can do so through the Service or you can email us at firstname.lastname@example.org we will deactivate your Account. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your Account, including information you posted to the Service or that Users posted to the communal portions of the Service or in certain aspects of the Application. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed Account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you or other Users posted publicly through or on the Service or the Application. Bear in mind that neither you nor Makeena can delete all copies of information that has been previously shared with others on the Service or which has been posted by others on the Service.
Makeena takes commercially reasonable steps to help protect and secure the information it collects and stores about Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). We encrypt the transmission of certain sensitive information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, Makeena cannot ensure and does not warrant the security of any information you transmit to us.
Our Service contains links to other, third party websites and social media accounts. If you choose to click on a third party link, you will be directed to that third party’s website or social media account. The fact that we link to a website or social media account is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or social media accounts and have no responsibility for their practices. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. We encourage you to read and understand the privacy policies or statements of the other websites or social media accounts you visit.
The profile you create on our Site or through our Application will be publicly accessible unless otherwise indicated.
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Makeena. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Makeena please report it at email@example.com.
This section applies to California residents (as defined under California law). The California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.100 to 1798.199), as amended (CCPA), requires that we describe how we collect, process, and share your personal information. This section is designed to help you understand the categories of personal information that we collect, the sources of the information, with whom we share the information, and the rights available to you.
Categories of Personal Information We Collect and How We Use and Disclose that Information
During the past twelve (12) months, we have collected, used, and shared the following categories of personal information:
California Consumer Rights
If you are a resident of California, you have the following rights under the CCPA:
California Shine the Light
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: firstname.lastname@example.org or write to us at the following mailing address:
1023 Walnut Street, Suite 100
Boulder, Colorado 80302
You must put the statement “California Shine the Light” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
To comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, this Privacy Statement outlines the legal basis on which we process your personal information and provides other information required by the GDPR. The terms and conditions contained in this section – Notice to European Residents – EU Specific Terms – applies only to the personal information of European Union residents we may process.
Legal Basis for Processing Your Information
We will only process your information where we have a legal basis to do so. The legal basis will depend on the reason(s) we collected and need to use your personal information. The different legal bases we rely on are:
You have the right under certain circumstances:
Your right to withdraw consent
Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us as set forth in the Contact Us section below. Such withdrawal will not affect the processing of your personal information prior to the withdrawal.
How to exercise your rights
You can also exercise the rights listed above at any time by contacting us at email@example.com. The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.
If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.
1023 Walnut Street, Suite 100
Boulder, Colorado 80302