Last Updated: June 1, 2023

WELCOME TO TREMENDOUS! The Services, defined below, are provided to you by Tremendous, LLC, a Wisconsin limited liability company (“Tremendous,” “we,” “us,” or “our”), through our website at www.tremendous.com (including any website, API, web widget, mobile application, or any other similar platform, owned, controlled, operated or offered by Tremendous) (collectively, the “Site”) subject to these Terms of Service (the “Agreement”).

Please read this Agreement carefully.  By accessing, using, or attempting to access or use the Services (defined below), you acknowledge and agree that you have read, understood and accepted all of the terms and conditions contained in this Agreement as well as our Privacy Policy. If you do not agree, you may not access or use the Services and must immediately cease any use of the Services.

We may amend this Agreement from time to time by posting a revised version of this Agreement to this page and may do so without advance notice to you, as further described in Section 9.e. below. Accordingly, please review the Agreement posted at this location on a periodic basis. Each time you use the Services, you agree to be bound by the terms of the Agreement in effect at the time of your use thereof. The “Last Updated” legend at the top of this page indicates when the Agreement was last revised. Any changes to this Agreement will become effective upon the earlier of: (a) your first use of the Site and Services with actual notice of such changes, or (b) 30 days after we post the revised Agreement and such changes will apply to your use of the Site and Services after the effective date of the revised Agreement. If you do not agree to the revised terms, you are not permitted to use the Services.

THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES YOU AND TREMENDOUS TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT OF SUCH PROVISION.  PLEASE SEE THE SECTION BELOW TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY, AND EXCEPT AS PERMITTED BY SECTION 6, YOU WILL NOT BE ABLE TO BRING ANY CLAIMS IN STATE OR FEDERAL COURT.

AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED “E-SIGN DISCLOSURE AND CONSENT,” AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES, MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.

  1. THE SERVICES
    1. Generally. You have received value sent to you using the Site (such value, a “Payout”) that you need to claim and redeem. Your Payout is redeemable solely 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 or company (the “Sender”) specified in the communication that directed you to the Site (such communication, the “Notice”).

      The Sender has chosen Tremendous because we offer you a choice in how you redeem your Payout (each, a “Redemption Option”) and make the process as painless as possible (the “Services”). The Sender has selected which Redemption Option(s) are available to you. Each Redemption Option is subject to availability and applicable terms and conditions, which will be provided to you at the time you elect such Redemption Option.

    2. Eligibility. To be eligible to use the Services (and redeem your Payout), you must be at least 18 years old (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside).

    3. Access. To access the Site and use the Services, you must have the necessary equipment (such as smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Site. Access to Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to redeem your Payout for periods of time and may also lead to support-response-time delays. Although we strive to provide you with excellent service, we do not represent that the Site or Services will be available without interruption.

  2. YOUR PAYOUT
    1. We encourage you to redeem your Payout as soon as possible. Subject to applicable law, your Payout (and the underlying funds) expires five (5) years after the Sender purchased the Payout from us (the “Purchase Date”). Note that such Purchase Date may not be the same date on which you received the Notice. If you do not want to redeem your Payout immediately, please contact [email protected] for the applicable expiration date.
    2. The Sender determined the value of your Payout and the Redemption Options available to you. Tremendous cannot change the initial value or the available Redemption Options.
    3. The full value of your Payout is held in cash in a bank-owned, pooled custodial account held for your benefit at a federally insured depository institution. Your Payout is subject to a monthly maintenance fee if you do not redeem it within three (3) months of the Purchase Date. If you redeem your Payout before it expires, we may, in our sole discretion, refund any maintenance fees that have been assessed.
    4. Taxes. It is your sole responsibility to determine whether and to what extent, any taxes apply to your Payout or use of a Redemption Option and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
    5. 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.
  3. 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 elect a particular Redemption Option.
    2. You may only choose one Redemption Option per Payout. You are responsible for providing Tremendous with accurate information to direct your Payout to the appropriate Redemption Option. Please ensure your account information, contact information, or such other information as you may be requested to provide are complete and accurate. If you have made a typographical error in the redemption process such that you have not received your Redemption Option, please contact [email protected]. While Tremendous will endeavor to redirect your chosen Redemption Option to the appropriate destination, you agree that such redirection or recall may not be possible and you are solely responsible for the loss of the value of your Payout.
      1. Identity Verification. In order to elect any Redemption Option, you agree to provide us with the information we request for the purposes of (a) directing your Payout, (b) identity verification, and (c) the detection of money laundering, terrorist financing, fraud or any other financial crime and (d) permit us to keep a record of such information. The information required is dictated by the Provider Terms. The information we request may include certain personal information, including but not limited to your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic.

        You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should not have any adverse effect on your credit rating.

      2. Unless you are directing your Payout to an approved charity through the Site, Tremendous will only send the value of the Payout to a Redemption Option that is directed to you (the recipient of the Payout). By providing the information for us to direct a Redemption Option, you represent and warrant that you own and control any bank account, stored value account, email address, or phone number so provided, and that you are the designated recipient of the Payout.

    3. All redemptions are final. Once you confirm your choice of Redemption Option, you cannot cancel or change your Redemption Option.
    4. Tremendous does not guarantee immediate delivery of any Redemption Option. Each virtual/electronic Redemption Option may take up to four (4) business days to be delivered to you. If you elect to receive a physical prepaid card, the delivery thereof may be subject to courier delays which are outside of Tremendous’ control.
    5. Redemption Options may be subject to additional fees, which will be disclosed to you at the time you elect a particular Redemption Option. Tremendous may collect such fees on its own behalf or on behalf of a Provider. Any applicable fees will be deducted from the value of your Payout (such that the value associated with your Redemption Option will be less than the initial value of your Payout). Tremendous may change its fees or which Redemption Options are subject to fees, in our sole discretion and without prior notice to you.
    6. Tremendous does not guarantee that any Redemption Option will be available. If a Redemption Option is not available at the time you access the Site, it will not be displayed to you. If you believe a Redemption Option is not available to you in error, please contact [email protected].
  4. DATA PROTECTION AND SECURITY
    1. Personal Data. You acknowledge that we may process personal data in relation to you and personal data that you have provided or in the future will provide to us in connection with this Agreement or the Services. Accordingly, you represent and warrant that before providing any such personal data to us, you have read and understood our Privacy Policy which is available here.
    2. Pre-Population of Your Information. If you have used the Site and Services before, we may be able to pre-populate some or all of the fields required for the redemption process. We provide this service as a convenience to you and rely on information you have previously provided to us. You are solely responsible for reviewing any information we pre-populate for accuracy and completeness. Any typographical errors resulting in misdirection or non-delivery of your Redemption Option are solely your responsibility and Tremendous does not accept any liability therefor.
  5. GENERAL USE AND PROHIBITED USE
    1. Limited License. We grant you a limited, non-exclusive, non-transferable license subject to the terms of this Agreement to access and use the Services, Site, and related content, materials, information (collectively, the “Content”) solely for purposes approved by Tremendous from time to time. Any other use of the Site or Content is expressly prohibited and all other rights, title, and interest in the Services, Site or Content is exclusively the property of Tremendous and its licensors. You agree you will not 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, in whole or in part, 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. You may not copy, imitate or use them without Tremendous’ prior written consent.

    2. Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it; all decisions based on information contained on the Site are your sole responsibility and we shall incur no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Site.

    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 recipient of a Payout and user of the Services, you do not have any ongoing relationship with Tremendous. However, you may not be able to receive the value of funds associated with your Payout if you do not use our Site and Services. You must contact the Sender of your Payout if you wish to receive value (or funds) from such Sender through different means.

  6. 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 SHALL BE NEW YORK, NEW YORK, NOTWITHSTANDING YOUR RIGHT TO CHOOSE WHERE ARBITRATION HEARINGS WILL BE CONDUCTED, AS FURTHER PROVIDED HEREIN. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH. THE ARBITRATOR SHALL BE A PRACTICING ATTORNEY. THE ARBITRATOR SHALL 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 SHALL HAVE THE AUTHORITY TO DECIDE ISSUES OF ARBITRABILITY, SHALL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND US. THE ARBITRATOR SHALL 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 SHALL 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 SHALL BE CONDUCTED WILL HAVE NO BEARING ON THE LEGAL SEAT OF THE ARBITRATION, WHICH SHALL AT ALL TIMES REMAIN NEW YORK, NEW YORK. THE SOLE ARBITRATOR SHALL 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 SHALL PAY UP TO $250 OF THE COSTS OF THE ARBITRATION AND WE PAY ALL COSTS OF THE ARBITRATION IN EXCESS THEREOF (TO THE EXCLUSION OF ANY ATTORNEYS’ FEES YOU INCUR, WHICH SHALL EXCLUSIVELY BE BORNE BY YOU UNLESS AND UNTIL AWARDED BY THE ARBITRATOR IN THE FINAL AWARD). WHERE WE INITIATE ARBITRATION AGAINST YOU, WE SHALL 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 SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 6 SHALL 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 A TIMELY 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.
  7. 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 AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, TREMENDOUS SHALL 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, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO TREMENDOUS HEREUNDER. 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.
  8. 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 HEREBY 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.
  9. GENERAL PROVISIONS
    1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Tremendous.
    2. Release of Tremendous; Indemnification. If you have a dispute with a Sender, you release Tremendous, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Tremendous, its affiliates and Providers and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
    3. Entire Agreement. This Agreement comprises the entire understanding and agreement between you and Tremendous as to your access to the Site and use of the Services, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Tremendous. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
    4. Amendments. We may amend or modify this Agreement by posting such revised version on the Site and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.
    5. Notice. Any notice required to be given by Tremendous pursuant to this Agreement, or otherwise, may be provided to you by email, a posting on the Site, or other reasonable means. Tremendous may broadcast, distribute or display notices or messages through the Site or via email to inform you of changes to this Agreement, the Services, the Privacy Policy or other matters of importance. Such broadcasts, distributions or displays of information shall constitute notice to you. Your continued use of the Site or the Services subsequent to such notification shall be deemed acknowledgment and acceptance thereof.
    6. Translations. This Agreement may be available in languages other than English. To the extent of any inconsistencies or conflicts between this English Agreement and our Recipient Terms available in another language, the most current English version of the Recipient Terms found at [spell out url] will prevail. Any disputes arising out of this Agreement will be resolved in English unless otherwise determined by Tremendous (acting in its sole discretion) or as required by applicable law.
    7. Assignment. You may not assign any rights and/or licenses granted under this Agreement. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve the right to assign our rights without restriction, including without limitation to any Tremendous affiliates or subsidiaries, or to any successor in interest of any business associated with the Tremendous Services. In the event that Tremendous is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control.
    8. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
    9. Relationship of the Parties. Tremendous is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Tremendous to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Tremendous to be treated as the agent of the other.
    10. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, 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, shall survive the termination or expiration of this Agreement.
    11. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of laws provisions. To the extent any claims may be made in court pursuant to this Agreement, and subject to the arbitration agreement contained in Section 6 if you have not opted out of the same, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THIS AGREEMENT. You and Tremendous agree that any lawsuit arising out of or related to this Agreement or your use of the Site or the Services, which is brought by you or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.
    12. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
    13. Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
    14. Contact Tremendous. If you have any questions or concerns about this Agreement, the Site, or the Services, please contact [email protected].
  10. E-SIGN DISCLOSURE AND CONSENT.
    1. Scope of Communications to Be Provided in Electronic Form. You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) legally required disclosures, notices and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post-transaction disclosures; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to this Agreement, (v) statements, information and records regarding your transactions; (vi) information regarding the debiting or charging, as applicable of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (viii) any other communications related to your access to and/or use of the Services, and (ix) with your consent, marketing and other promotional communications (collectively, “Communications”).
    2. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Communication that is important to you.
    3. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (i) via e-mail, (ii) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (iii) to the extent permitted by law, on the Site or via SMS text message. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.
    4. How to Update Your Records. To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete e-mail address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your e-mail address) through the Site.
    5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your e-mail account or a commercially available Internet browser. You may wish to utilize a device that is capable of storing or printing the Communications for your records.
    6. Requesting Paper Copies. If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You may obtain a paper copy of any legally-required Communications and or agreements. You may request such a paper copy by contacting us at [email protected].
    7. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time contacting us at [email protected]. Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services, however. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.
    8. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
    9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.