LAP Payout Terms

TREMENDOUS LOYALTY AND PROMOTIONAL PAYOUT GIFT CERTIFICATE TERMS OF SERVICE

The gift you received is the Tremendous Loyalty and Promotional Payout, a loyalty, award, or promotional gift certificate issued by SouthState Bank, N.A. (the “Bank”) in a specified amount (the “Payout”). The Payout is a non-reloadable prepaid gift certificate that has been sent to you at the direction of a customer of Tremendous, LLC, a Wisconsin limited liability company (“Tremendous,” and together with the Bank, “we,” “us,” or “our”). The Bank has engaged Tremendous to manage the redemption of your Payout. Your use of the website www.tremendous.com and related platforms (collectively, the “Site”), the Services (defined below), and your Payout is subject to these Terms of Service (this “Agreement”).

Please read this Agreement carefully. By using the Services, you agree that you have read, understood, and accepted all the terms and conditions in this Agreement and our Privacy Policy. If you do not agree, you must stop using the services immediately.

We may update this Agreement by posting a revised version to this page without prior notice. Please review the Agreement periodically. Each time you use the Services, you agree to the terms in effect at that time. The “Last Updated” date at the top of this page shows when the Agreement was last revised. Changes become effective when you first use the Site and Services after the update or 30 days the revised Agreement is posted. If you do not agree to changes, you may not use the Services.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES YOU AND TREMENDOUS TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF GOING TO COURT, UNLESS YOU CHOOSE TO OPT OUT. PLEASE REFER TO THE “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IF YOU DO NOT OPT OUT, YOU WAIVE YOUR RIGHT TO JURY TRIAL AND, EXCEPT AS ALLOWED IN SECTION 6, YOU CANNOT BRING CLAIMS IN STATE OR FEDERAL COURT.

ADDITIONALLY, AS EXPLAINED IN THE “E-SIGN DISCLOSURE AND CONSENT” SECTION BELOW, AGREEING TO RECEIVE COMMUNICATIONS ELECTRONICALLY IS REQUIRED TO USE OUR SERVICES. IF YOU REVOKE THIS CONSENT, YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.

THE SERVICES
1. Generally. A Payout has been sent to you using the Site, which you must claim and redeem in order to access its value. Your Payout is redeemable solely with the Bank through the Site and is not usable at any third-party merchant prior to such redemption. The Payout was sent to you by the person (the “Sender”) specified in the communication that notified you of the Payout and directed you to the Site (such communication, the “Notice”).
2. The Sender chose Tremendous because we offer various redemption options to which you can direct the funds underlying your Payout (the “Funds,” each option, a “Redemption Option”) and aim to make the process easy (the “Services”). The Sender has selected the available Redemption Option(s) available to you. Each Redemption Option is subject to availability and specific terms, which will be provided when you make your choice.
3. Eligibility. To be eligible to use the Services (and redeem your Payout), you must be at least 18 years old (or the age of majority and contractual capacity where you live).
4. Access. To access the Site and use the Services, you need the right equipment (like a smartphone or laptop) and an internet connection. You can access the Services directly through the Site. During times of high traffic or volatility, access to Services may be slow or unavailable, which could delay your ability to redeem your Payout and lead to support-response-time delays. While we aim to provide excellent service, we cannot guarantee uninterrupted access to the Site or Services.
YOUR PAYOUT
1. We encourage you to redeem your Payout as soon as possible. Your Payout (including the Funds) expires on the date set forth in the Notice. Your Payout is a loyalty, award, or promotional gift certificate.
2. Redemption. The Sender determined the value of your Payout and the Redemption Options available to you. You must select a Redemption Option to receive the Funds, and once selected and confirmed, you cannot cancel or change your Redemption Option. You may only select one of the available Redemption Options to receive the Funds. The Payout is not a valid payment method with any third party merchants or vendors and will not be accepted as payment for any goods or services outside of the Site.
3. Fees. YOUR PAYOUT IS NOT SUBJECT TO ANY FEES. You will be able to access the full value of the Payout if you redeem it prior to the expiration date stated on the Notice.
4. Transaction Limits. Regardless of the value of the Payout(s) you have received, you cannot redeem more than $10,000 in one 24-hour period. If you have received multiple Payouts totaling more than $10,000, Tremendous will not allow you to choose Redemption Options for any Payouts above that limit. You can return to the Site at least 24 hours later and redeem additional Payouts.
5. Taxes. It is your sole responsibility to determine whether any taxes apply to your Payout or use of a Redemption Option and to pay the correct amounts of taxes to tax authorities.
REDEMPTION OPTIONS
1. You may have access to one or more Redemption Options, as selected by the Sender. All Redemption Options are provided by third parties (each, a “Provider”) and subject to terms and conditions imposed by the Provider (“Provider Terms”), which will be provided to you when you choose a Redemption Option.
2. You may only choose one Redemption Option per Payout. You are responsible for providing accurate information to direct your Payout to the correct Redemption Option. Ensure your account and contact information are complete and accurate. If you make a mistake and do not receive your Redemption Option, contact [email protected]. While we will try to redirect your chosen Redemption Option, you are solely responsible for any loss of your Payout’s value. Once you confirm your choice of Redemption Option, you cannot cancel or change it.
  1. Identity Verification. To choose a Redemption Option, you agree to provide us the information we request for directing your Payout, verifying your identity, and detecting crimes like money laundering or fraud. We may keep a record of this information. The information required is dictated by the Provider Terms and may include your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and bank account information. By providing this information, you confirm that it is accurate and authentic.
  2. You authorize us to make inquiries, directly or through third parties, to verify your identity or protect against fraud or financial crime. We may take action based on these inquiries. You agree that your personal information may be shared with credit reference and fraud prevention agencies, which may fully respond to our inquiries. This is only an identity check and should not affect your credit rating.
  3. Tremendous will only send the Payout to a Redemption Option that is directed to you, the recipient. By providing the information for us to direct a Redemption Option, you confirm that you own and control the bank account, stored value account, email address, or phone number provided, and that you are the intended recipient of the Payout.
3. Tremendous does not guarantee immediate delivery of any Redemption Option. Electronic options may take up to four (4) business days to arrive. If you choose a physical prepaid card, delivery might be delayed by the courier, which is beyond Tremendous’ control.
4. Redemption Options may have additional fees, which will disclose when you choose a Redemption Option. These fees might be collected by Tremendous or on behalf of a Provider and will be deducted from your Payout, reducing its value. Tremendous may change these fees or which Redemption Options have fees at any time without prior notice.
5. Tremendous does not guarantee that any Redemption Option will be available. If a Redemption Option is not available, it will not be displayed. If you believe a Redemption Option is not available in error, please contact [email protected].
6. If you are a resident of a state with a mandatory cash redemption obligation for low balance gift certificates and believe you qualify for cash redemption, but there is not a monetary Redemption Option available to you, please contact [email protected].
DATA PROTECTION AND SECURITY
1. Personal Data. You acknowledge that we may process personal data, including data that you have provided or will provide under this Agreement or the Services. You confirm that you have read and understood our Privacy Policy before sharing any personal data with us.
2. Pre-Population of Your Information. If you have used the Site and Services before, we might pre-fill some fields during the redemption process for your convenience, based on information you previously provided . You are responsible for checking this information for accuracy. Any errors that result in misdelivery or non-delivery of your Redemption Option are your responsibility and Tremendous not liable for them.
GENERAL USE AND PROHIBITED USE
1. Limited License. We grant you a limited, non-exclusive, non-transferable license to use the Services, Site, and related content ( “Content”) as approved by Tremendous. Any other use is prohibited, and all rights, title, and interest in the Services, Site or Content belong to Tremendous and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content without the prior written consent of Tremendous. “Tremendous.com,” “Tremendous,” and all logos related to the Services or displayed on the Site are either trademarks or registered marks of Tremendous or its licensors, and you may not use them without our consent.
2. Website Accuracy. We aim to provide accurate and timely information on the Site, but it may not always be entirely accurate or could include errors. We may change or update the information from time to time without notice. Please verify all information before relying on it, as decisions based on ithe Site are your responsibility and we are not liable for such decisions. We may include links to third-party sites for your convenience, but we are not responsible for their content or services.
3. Prohibited Use. You are responsible for complying with applicable law, including state and federal laws and regulations regarding money laundering, terrorist financing, and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use the Services.
  
  Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:
  1. if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
  2. if you provide any incomplete, incorrect or false information to us;
  3. if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
  4. if we receive a facially valid subpoena, court order or other binding order from a government authority requiring us to do so;
  5. if you have breached any portion of this Agreement; and/or
  6. if we determine such action is necessary to comply with this Agreement, any of our policies, procedures or practices, or any law, rule or regulation.
    
    You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.
4. Termination. As a Payout recipient, you do not have any ongoing relationship with Tremendous. However, to access your Payout, you must use our Site and Services. If you prefer to receive value (or funds) another way, you will need to contact the Sender directly.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER.
1. AGREEMENT TO ARBITRATE, SEAT OF THE ARBITRATION, ARBITRATOR’S AUTHORITY AND FORM OF THE AWARD. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE, NEUTRAL ARBITRATOR, INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY. THE SEAT OF THE ARBITRATION WILL BE NEW YORK, NEW YORK, NOTWITHSTANDING YOUR RIGHT TO CHOOSE WHERE ARBITRATION HEARINGS WILL BE CONDUCTED, AS FURTHER PROVIDED BELOW. THE ARBITRATION WILL BE CONDUCTED IN ENGLISH. THE ARBITRATOR WILL BE A PRACTICING ATTORNEY. THE ARBITRATOR WILL APPLY THE LAW AND WILL ISSUE A FINAL AND BINDING AWARD STATING THE REASONS FOR THE ARBITRATOR’S DECISION AND A CALCULATION OF ANY DAMAGES AWARDED. A JUDGMENT ON THE AWARD MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL HAVE THE AUTHORITY TO DECIDE ISSUES OF ARBITRABILITY, WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND US. THE ARBITRATOR WILL HAVE THE AUTHORITY TO GRANT MOTIONS THAT ARE DISPOSITIVE OF ALL OR PART OF ANY CLAIM OR DISPUTE. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE UNDER APPLICABLE LAW AND THIS AGREEMENT. THE ARBITRATOR WILL HAVE THE SAME AUTHORITY TO AWARD RELIEF THAT A JUDGE IN A COURT OF LAW WOULD HAVE.
2. WAIVER OF CLASS ARBITRATION OR ACTIONS. ANY CLAIMS YOU OR WE ASSERT UNDER THIS AGREEMENT WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND YOU AND WE AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, INCLUDING THAT ANY CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANOTHER CUSTOMER OR PERSON. YOU AND WE AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY FORM OF CLASS ARBITRATION AND/OR ACTION. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.
3. APPLICABLE ARBITRATION RULES, HEARINGS AND COSTS. ARBITRATION WILL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH THE THEN-CURRENT COMPREHENSIVE ARBITRATION RULES & PROCEDURES (THE “RULES”), INCLUDING THE EXPEDITED PROCEDURES SET FORTH IN THOSE RULES. THESE RULES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT (800) 352-5267. ANY REQUIRED ARBITRATION HEARING MAY BE CONDUCTED, AT YOUR OPTION: (1) IN NEW YORK, NEW YORK; (2) IN A LOCATION OF YOUR CHOOSING THAT IS WITHIN 50 MILES OF YOUR PLACE OF HABITUAL RESIDENCE; (3) IN A MUTUALLY AGREEABLE ALTERNATIVE LOCATION; OR (4) BY TELEPHONE OR VIDEO CONFERENCE. THE PLACE WHERE THE ARBITRATION HEARINGS ARE CONDUCTED WILL HAVE NO BEARING ON THE LEGAL SEAT OF THE ARBITRATION, WHICH WILL AT ALL TIMES REMAIN NEW YORK, NEW YORK. THE SOLE ARBITRATOR WILL BE APPOINTED BY AGREEMENT OF THE PARTIES. IF SUCH AN AGREEMENT CANNOT BE REACHED WITHIN THIRTY DAYS, THEN THE ARBITRATOR WILL BE APPOINTED BY JAMS IN ACCORDANCE WITH THE RULES. IF YOU INITIATE ARBITRATION HEREUNDER, YOU WILL PAY UP TO $250 OF THE COSTS OF THE ARBITRATION AND WE PAY ALL COSTS OF THE ARBITRATION IN EXCESS OF $250 (TO THE EXCLUSION OF ANY ATTORNEYS’ FEES YOU INCUR, WHICH WILL YOUR RESPONSIBILITY UNLESS AND UNTIL AWARDED BY THE ARBITRATOR IN THE FINAL AWARD). WHERE WE INITIATE ARBITRATION AGAINST YOU, WE WILL PAY ALL COSTS OF THE ARBITRATION. THE PREVAILING PARTY WILL BE ENTITLED TO AN AWARD OF THE COSTS AND EXPENSES OF THE ARBITRATION, INCLUDING ATTORNEYS’ FEES AND EXPERT WITNESS FEES TO THE FULLEST EXTENT PERMITTED BY LAW.
4. EXCEPTIONS TO ARBITRATION. YOU AND WE AGREE THAT THE FOLLOWING DISPUTES (AND ONLY THESE DISPUTES) ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING BINDING ARBITRATION AND MAY BE BROUGHT IN ANY COURT HAVING JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: (1) ANY CLAIMS THAT QUALIFY FOR DISPOSITION BY A SMALL CLAIMS COURT; (2) ANY SUIT TO COMPEL ARBITRATION, STAY PROCEEDING PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR; AND (3) ANY SUIT TO SEEK TEMPORARY INJUNCTIVE RELIEF THAT WILL REMAIN IN PLACE ONLY UNTIL AN ARBITRATOR CAN DETERMINE WHETHER THE RELIEF SHOULD BE CONTINUED, MODIFIED OR REMOVED.
5. SEVERABILITY. YOU AND WE AGREE THAT IF ANY PORTION OF THIS SECTION 6 IS FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION WILL BE SEVERED AND THE REMAINDER OF THIS SECTION 6 WILL BE GIVEN FULL FORCE AND EFFECT.
6. OPT-OUT. YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS SECTION 6 BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: TREMENDOUS ARBITRATION OPT-OUT, 228 PARK AVE S #62949, NEW YORK, NY 10003 OR BY EMAIL TO [email protected], WITHIN 30 DAYS AFTER EXECUTING THIS AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS SECTION 6 OF THE AGREEMENT. IF YOU OPT OUT OF THIS SECTION 6 ALL OTHER PARTS OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS SECTION 6 WILL NOT HAVE ANY EFFECT ON OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE WITH TREMENDOUS, OR MAY ENTER INTO IN THE FUTURE WITH TREMENDOUS.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD TREMENDOUS, AND ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS AND ASSIGNS, AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED BY YOU, THE VIOLATION OF THESE TERMS BY YOU, THE INFRINGEMENT BY YOU (OR ANYONE ACCESSING THE SITE USING YOUR ACCOUNT) OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. THIS INCLUDES, BUT IS NOT LIMITED IN ANY WAY TO, ANY HARM YOU MAY EXPERIENCE FROM RECEIVING ANY OF THE REDEMPTION OPTIONS OFFERED ON THE SITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, TREMENDOUS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TREMENDOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES OR A REDEMPTION OPTION; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (III) ANY GOODS REDEEMED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH TREMENDOUS OR A THIRD PARTY THROUGH THE USE OF THE SITE OR THE SERVICES OR A REDEMPTION OPTION. TREMENDOUS’ TOTAL LIABILITY TO YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR THE REDEMPTION OPTIONS, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY TREMENDOUS TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES. THE TREMENDOUS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREMENDOUS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TREMENDOUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE TREMENDOUS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE TREMENDOUS SERVICES AND TREMENDOUS SITE.
GENERAL PROVISIONS
1. Computer Viruses. We are not responsible for any damage or interruptions caused by viruses, malware, phishing, or other attacks that may affect your devices. Be cautious with SMS and email messages that appear to be from Tremendous, as they could be spoofed or phishing attempts.
2. Release of Tremendous; Indemnification. If you have a dispute with a Sender, you release Tremendous and its affiliates, service providers, and their employees from any claims or damages related to the dispute. You also agree to protect and indemnify Tremendous, its affiliates, and service providers from any claims, including legal fees, that arise from your breach of this Agreement or violation of laws or third-party rights.
3. Entire Agreement. This Agreement comprises the entire understanding and agreement between you and Tremendous regarding your use of the Site and the Services. It supersedes all prior discussions or agreements on this topic. Section headings in this Agreement are for convenience only and will not govern the meaning or interpretation of the Agreement.
4. Amendments. We can change this Agreement by posting the updated version on the Site and the changes will take effect when posted. If you do not agree with the changes, your only option is to stop using the Services. We will l not be liable to you or any third party modifying, terminating, or suspending the Services, or your access, except as specifically stated in the Agreement.
5. Notice. We may send you any required notices by email, a posting on the Site, or other reasonable means. We might also use the Site or email to inform you of changes to this Agreement, our Services, the Privacy Policy, or other important updates. These communications will count as official notice. By continuing to use the Site or the Services after receiving such notice, you agree to the changes.
6. Translations. This Agreement may be available in languages other than English, but if there is a conflict between the English version and a translation, the latest English version will prevail. Any disputes will be resolved in English unless we decide otherwise or as required by applicable law.
7. Assignment. You cannot assign your rights under this Agreement. Any attempt to do so is invalid. This Agreement will bind and benefit both parties, their successors, and permitted assigns. We reserve the right to assign our rights freely, including to any Tremendous affiliates or subsidiaries, or to any successor in interest of any business associated with the Tremendous Services. If Tremendous is acquired or merged with another company, we may transfer the information we have collected from you as part of that process.
8. Severability. If any provision of this Agreement is found to be invalid or unenforceable, it will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. The rest of the Agreement will not be affected.
9. Relationship of the Parties. Tremendous is an independent contractor. This Agreement does not create a partnership, joint venture, or agency relationship between you and Tremendous.
10. Survival. All provisions of this Agreement that naturally continue after it ends, including, without limitation, sections pertaining to suspension or termination, Tremendous Account cancellation, debts owed to Tremendous, general use of the Tremendous Site, disputes with Tremendous, and general provisions, will survive the termination or expiration of this Agreement.
11. Governing Law. This Agreement is governed by New York law, excluding its conflicts of laws provisions. To the extent any claims may be made in court pursuant to this Agreement, and unless you have opted out of the arbitration agreement in Section 6, you agree to the exclusive jurisdiction of the state and federal courts in New York. TO THE EXTENT THE ARBITRATION CLAUSE DOES NOT APPLY, YOU AND WE BOTH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTES RELATED TO THIS AGREEMENT. Both parties agree that any lawsuit related to this Agreement or your use of our services must be brought within one (1) year of the event giving rise to the claim, or it will be permanently barred.
12. Force Majeure. We are not responsible for delays or service interruptions caused by events beyond our reasonable control such as natural disasters, acts of government, war, strikes, internet outages, or equipment failures. This does not affect the validity and enforceability of the rest of this Agreement.
13. Non-Waiver of Rights. This Agreement does not waive any rights that cannot be waived under your state’s money transmission laws.
14. Contact Tremendous. If you have any questions or concerns about this Agreement, the Site, or the Services, please contact [email protected].
E-SIGN DISCLOSURE AND CONSENT.
1. Electronic Communications Consent. You agree to receive all communications related to our services electronically. This includes legal notices, account information, transaction records, privacy policies, and any other information we need to provide to you.
2. Communication Format. Electronic communications will be considered "in writing." You may receive these via email, our website, or SMS. Please review all communications promptly..
3. Updating Your Information. You must provide us your contact information and keep it up to date to receive electronic Communications.
4. Access Requirements. To view and retain electronic communications, you need an internet-enabled device that can access email or a web browser. You may also want a device that can store or print communications..
5. Paper Copies. We do not provide paper copies. If you need paper copies of any electronic communication, please print it yourself.
6. How to Withdraw Consent. You can withdraw your consent to receive electronic communications by contacting us at [email protected]. This will result in the termination of your access to our services, but it will not affect the validity of prior electronic communications.
7. Federal Law. Your consent is provided in accordance with the E-SIGN Act, ensuring the validity of our electronic transactions.
8. Termination/Changes. We may change or discontinue electronic communications at our discretion, providing you notice as required by law.