Terms of Use
Content
Introduction
Service Provider
Abound has contracted with certain service providers in order to provide services to you. One service provider is Synapse Financial Technologies, Inc. (“Synapse”), a technology service provider that owns or otherwise has relationships with Synapse Brokerage LLC, a registered broker-dealer and member of FINRA and SIPC and certain banks and financial institutions and service providers (each of the foregoing being a “Partner Financial Institution”). Global Cash Management services are provided by Synapse Brokerage LLC, a registered broker dealer (member SIPC). Synapse Brokerage LLC is a wholly owned subsidiary of Synapse Financial Technologies, Inc., a technology service provider that allows access to the Global Cash, as applicable. Synapse Financial Technologies, Inc., and Synapse Brokerage LLC are not banks. The Synapse Brokerage Cash Management Card is a debit card issued by Synapse’s partner bank, Member FDIC, American State Bank, Member FDIC, or Evolve Bank & Trust, Member FDIC, pursuant to a license from Mastercard®
By creating an account with Abound and initiating financial transactions, you agree to Synapse’s Terms of Service and Privacy Policy. You also agree to the terms of service and privacy policy of Synapse’s Partner Financial Institution corresponding to the financial service and product(s) you select (collectively, “Synapse Terms”), each of which can be found here and which are incorporated herein by reference.
Use of the cash management services is subject to Synapse Brokerage LLC’s Terms of Service and Privacy Policy and are incorporated herein by reference. You authorize Abound to share your identity and financial information with Synapse as detailed in Abound’s Privacy Policy and Synapse’s Privacy Policy. By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. It is your responsibility to make sure that the information you provide to Abound is accurate and complete.
Certain services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”) as well as certain third-party financial services partners. Synapse is not a bank and is not affiliated with [insert Fintech Firm]. Brokerage accounts and cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA’s BrokerCheck.
By participating in a Synapse cash management program, you acknowledge receipt of and accept Synapse’s Terms of Service, Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library.
Cash Management services are provided by Synapse Brokerage LLC, a registered broker dealer and member SIPC. Synapse Brokerage LLC provides cash management accounts and related services that allow customers to sweep uninvested cash balances into certain FDIC-insured bank accounts at Synapse Program Banks, a list of which can be found at www.synapsefi.com/legal. Please visit the Deposit Sweep Program Disclosure Statement for important legal disclosures. Review the background of Synapse Brokerage LLC or its professionals on FINRA’s BrokerCheck website. Synapse Brokerage LLC is not a bank. Use of the cash management services are subject to Synapse Brokerage LLC’s terms of service, found at synapsefi.com/legal.
Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitrations provisions. All financial transactions are performed by and accounts held by Synapse’s Partner Financial Institutions, as applicable. Abound will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreements with the applicable Partner Financial Institution for more important information.
The Services
The Services constitute a technology platform accessible via the Applications that enables Abound members to receive personalized offers, including cashback, concierge services, and other incentives on third-party products and services.
Changes to the Terms of Use
We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use. You should review these Terms of Use often to stay informed of changes that may affect you, as your continued use of the App signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the App and its Content, at any time, without prior notice to you. Our electronically or otherwise properly stored copies of these Terms of Use shall be deemed to be true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use on each respective date you used the App.
Changes to the Referral Terms
Abound may suspend, cancel, terminate or modify our referral offers, including any terms and conditions and any referral functionalities at any time in our sole discretion. Referral links or codes may not function following any discontinuance of, or changes to, the associated referral offer(s). By participating in our referral program, you acknowledge and agree that it is your responsibility to review and understand the offers active at any particular time, and that you will be bound by such changes as may be made from time to time. If you do not accept any such changes, your sole and exclusive remedy is to cease participation in the program.
Access and Use
In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the App, and (b) the business entity on whose behalf an individual or electronic agent is accessing the App. You represent and agree that all information that you provide to Abound in connection with your access to and use of the App is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the App (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the App and any related Services.
Abound grants you a personal, non-exclusive, non-transferable, limited license to use the App and to view or access the App solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer (except to the extent permitted by applicable law), reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the App, the Services, or any other Content available via the App. You further agree neither to modify the App, or any part thereof, in any form or manner, nor to use any modified versions of the App or the Services, for any reason whatsoever, without the express written consent of Abound. You may not attempt to gain any unauthorized access to the App or any of its associated Content, including computer systems, software, or networks. No redistribution of any Content, materials, or information contained on or offered through the Applications or the Services is permitted, unless expressly specified in a prior agreement between you and Abound.
User Responsibility; No Unlawful or Prohibited Use
Any use or attempted use of the App: (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the App; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Abound to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the App, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonating any person or entity, including, without limitation, any Abound representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the App or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses, mobile numbers etc.; or
- Use any robot, spider, scraper, or other automated or manual means to access the App or copy any Content or information on the App.
Abound reserves the right to monitor the use of its services and to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, withholding cash back or the suspension or termination of a user’s access and/or account. Abound may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Abound reserves the right at all times to disclose any information as Abound deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Abound’s sole discretion. You also agree to reimburse Abound for any damage, loss, cost or expense Abound incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the App for any unlawful or prohibited purpose. Abound reserves the right to remove any user-submitted content that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including the Digital Millennium Copyright Act (“DMCA”).
Any information, images, communications, or material of any type or nature that you submit to the App, or any of our pages contained on a social media platform or website by e-mail, chats, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy.
Proprietary Content
Abound respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the App and to collect and provide the features, materials, opportunities, and services that are available on or through the App. You understand and agree that Abound owns, or (where required, appropriate, or applicable) has been licensed or otherwise made available to us by third parties to use, all right, title, and interest in and to the App and the features, materials, opportunities, and services made available on or through the App, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the App and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Abound or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials or any features, opportunities, or services made available through the Linked Materials (as defined below).
Subscriptions
From time to time, Abound may offer you opportunities to purchase subscription-based services through the App. To purchase a subscription, you must be at least 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the App. A valid credit card or other supported payment method is required to purchase a subscription. By subscribing, you agree that your payment method will be billed monthly, beginning on the date that you first register for subscription services unless another date is specified in the subscription services offer, in the amount specified in the subscription services offer. For avoidance of doubt, if you receive free access or a trial or evaluation period in connection with a subscription services offer, your use of the subscription services remains otherwise subject to this paragraph during the trial or evaluation period. Subscription products are nonrefundable but may be cancelled at any time by navigating to your profile page and clicking “My Subscriptions” and then clicking on the subscription that is needed to be cancelled will open up a cancellation confirmation box from where subscription can be cancelled. After that Subject to your payment of the subscription fees, your compliance with these Terms of Use, and availability of the subscription services, your subscription will enable you to access the subscription features specified in the subscription services offer. Abound reserves the right to discontinue any subscription service at any time for any reason, either on a subscriber-by-subscriber basis or for all subscribers.
Debit Card Instructions
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
Card and Transaction Eligibility
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express (the ‘Payment Card Networks’).
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
You acknowledge that the Payment Card Networks – Visa, MasterCard, and American Express – may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
Disclaimer of Warranties
Abound does not promise, covenant, represent, warrant, or guarantee that you or any other user of the App will obtain any particular or tangible result or goal through the use of the App, or obtain any other product or service in connection with use of the App. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the App or Abound, or that you access, use, download, or otherwise obtain on or through the App or Abound, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, AND MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED, BY Abound AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD) ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Abound AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD) DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH Abound ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH Abound ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Abound PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, Abound ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. Abound SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM.
IN USING THE APP, YOU ACCEPT THE INHERENT SECURITY IMPLICATIONS OF DATA TRANSMISSION OVER THE INTERNET AND THE WORLD WIDE WEB CANNOT ALWAYS BE GUARANTEED AS COMPLETELY SECURE. THEREFORE, YOUR USE OF THE APP WILL BE AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL Abound OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD AND PAYMENT PROCESSORS), OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM, THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH Abound; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) Abound’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY Abound OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL Abound, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD AND PAYMENT PROCESSORS), OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Abound, EVEN IF Abound WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF Abound AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS), AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
Abound reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the App, or any portion of the App, for any reason; (ii) modify or change the App, or any portion of the App, and any applicable policies or terms; and (iii) interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Indemnification
You agree to indemnify, defend and hold Abound and the Payment Card Networks harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the App or Abound, your access to and use of the Content, the Applications, and other materials, products, and Services available on or through the App and Abound, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
Links to Other Parties’ Content
For your convenience, certain hyperlinks or features may be provided on the App that link to other applications or websites which are not under the control of Abound (the “Linked Content”). Abound does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Content. Abound disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other applications or websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against Abound, and Abound has no obligation to participate in, arising from or based upon any such use of other applications, websites, or content contained therein (including the Linked Content). Abound has no responsibility for the information provided to third parties through the Applications, including through any Linked Content. Hyperlinks to such Linked Content on the App do not imply that: (a) Abound is affiliated or associated with any Linked Content; (b) Abound is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of Abound.
Disclaimer of Third-Party Information
The App may contain offers for sale of merchandise or services or promotional offers not provided by Abound. Such merchandise and services may be obtained only by linking to the applicable merchant’s website in order to make the transaction. Terms of the offer shown on the App, including, but not limited to price, color, quantity, availability, and description may vary from those shown on the merchant’s website. Differences in the terms of an offer between the App and a merchant’s website will be governed by the terms shown on the merchant’s website. Abound is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third-party website or for not-honoring of any offer by any merchant. Some features of the App, such as “cash back” rewards, are contingent upon and subject to Abound receiving information from third parties. In the event of a dispute between you and such third party(ies) who provide certain offers for sale of merchandise or services, Abound shall not be responsible or held liable in any manner whatsoever. Abound also reserves the right to withhold, reverse or cancel any rewards, benefits, offers, cashback, and such other incentives to you, in the event: (a) such rewards, benefits, offers, cashbacks and such other incentives were fraudulent, in error, illegal and/ or in violation of these Terms of Use; (b) you have violated these Terms of Use; or (c) committed fraud.
Accounts, Passwords, and Security
Certain features or services offered on or through the App may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Abound immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by Abound or any other user of or visitor to the App due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. Abound cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
General
These Terms of Use (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the App and the Content. You agree that you shall not contest the admissibility or enforceability of Abound’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Abound. Abound may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Abound. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Abound shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.
You agree that any violation, or threatened violation, by you of these Terms of Use, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Jurisdiction
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, as such laws are applied to agreements entered into and to be performed entirely within such State. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that you and Abound have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services), these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by a duly authorized officer of Abound.
EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.