- Effective Date: May 23, 2018
- IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
Terms of Service
- Active Junky Cash Back Shopping Program
- ActiveJunky.com (AJ) provides members with the ability to earn cash back on any purchases completed through one of our 100+ retail partners. You can become a member via Facebook login or a unique account, which requires only an email address and password. You don't need any software to use our site; it's purely Internet-based. AJ is awarded a commission for referring its members to its partner retailers and AJ uses that commission to reward its members. To learn more about our cash back program, keep on reading. Once you start using AJ, you'll realize how awesome it is.
- Becoming a Member
- If you log in via Facebook or create a unique account and become a part of our community (Member), you are accepting these Terms of Service (Terms of Service) and are bound to it. To be a Member you must be a legal resident of and maintain a physical residential address in the United States. Membership is restricted to participants 18 years of age and older, or the age of majority in the member’s resident state, whichever is older. You may not use the AJ site to execute any illegal activity. And just so you know, AJ has complete jurisdiction here, therefore AJ has the right to change the terms of this Agreement at any time, in parts or in its entirety, with or without notification to you.
- Personal Information
- Earning Cash Back
- It's pretty easy to earn Cash Back. You find what you want on the AJ site, and by clicking from ActiveJunky.com to one of our affiliate websites, AJ can trace your purchase and give you cash money. The exact amount of Cash Back that you earn depends on each product that you purchase, and AJ will notify you of how much each product is worth in terms of Cash Back. Be aware that your Cash Back amount is based on your net purchase. This excludes tax, fees, shipping, gift-wrapping, and warranties. Some of our partners exclude products from the Cash Back Program and AJ will do its best to update its databases accordingly. In order to earn Cash Back you must complete your purchase directly after clicking from AJ. If you visit other sites in between or are not signed into AJ when making your purchase, AJ might not be able to trace your activity and therefore will not award you Cash Back. Make sure your "cookies" are enabled before making purchases; it is the tool that allows AJ to identify and attribute your purchase to your Member account. In order to be eligible to receive a cash back payment, you must earn more than $5 worth of Cash Back. Your balance will remain in your account until you reach this amount.
- Earning Bonuses & Other Rewards
- AJ sometimes offers incentives in the form of monetary or other bonuses for becoming a Member, attracting new Members, or any other action AJ creates. If the terms and conditions of such incentives differ from the User Agreement, AJ will specify how the terms and conditions are different from this User Agreement at the point where such incentives are offered. AJ creates these incentives with the intention of generating new Members. Each person is only eligible for one sign-up reward or bonus and you only earn one referral-bonus for each person that is referred.
- Receiving Payment
- Below are the four payment periods at ActiveJunky.com. We pay our customers their balance every 3 months:
|Purchase Period||Payment Date|
|January 1st – March 31st||May 10th|
|April 1st – June 30th||August 10th|
|July 1st – September 30th||November 10th|
|October 1st – December 31st||February 10th|
- Updating & Maintaining Your Account
- In order to update or change any of your AJ account information you must be logged in. You can check out your purchase history, recent Cash Back awards, and other information at any time by clicking on the My Account tab. You are completely responsible for managing your account information and keeping your password confidential. Anything directed to AJ under your password requiring action will be executed. AJ is not responsible for any credits or debits that occur from your account if someone else using your password executes them.
- Receiving Communications from ActiveJunky
- By becoming an AJ member, you give AJ permission to send you emails and/or newsletters that are relative to your account. For example, notifications about receiving cash back via check or paypal deposit will be periodically sent to you, as well as coupons and special discounts that AJ thinks you would enjoy. If you don't want to get coupon and discount emails, you can easily unsubscribe through the Subscriptions button on your account or by using the unsubscribe link on all of the emails. You can't unsubscribe from account-related emails however; you need those. If you really don't want to get email from us at any time, including account-related emails, you must cancel your AJ account. You can do so by contacting our customer service department at [email protected]
- Inactive Member Accounts & Termination of Membership
- Guess what! Becoming an AJ member is free! AJ won't even charge you to receive a check in the mail or a Cash Back payment. However, if your account is inactive for twelve (12) months (meaning that you don’t log into ActiveJunky.com during that time), a maintenance fee of two dollars ($2.00) per month will be deducted from your Cash Back balance. As soon as you log back into AJ again, AJ will reactivate your account. If your account balance reaches zero dollars ($0)and AJ cannot charge you anymore, AJ will delete your account. AJ will not continue to charge you after the account hits zero dollars ($0), you will not owe money to AJ.
- User Conduct
By becoming a member of Active Junky you are agreeing not to steal or copy content, code, design or any aspect of Active Junky's business concept for your own financial gain. If we feel that you have used Active Junky's content, code, design or business concept in your own business after becoming a member, your account will be shut down and legal action may be taken under applicable laws.
- Program Qualifications
- The final decision as to whether a purchase qualifies for Cash Back rewards is the sole decision of AJ. If a partner store does not record a transaction or does not reward AJ with the appropriate commission, AJ reserves the right to discard the Cash Back reward associated with the purchase. If for any reason AJ feels that you have acted fraudulently on your account, AJ reserves the right to withhold Cash Back payments. You hereby authorize AJ to review your account in any cases of suspected fraudulent actions. AJ is not responsible for lost gift cards, coupons, or Cash Back rewards and checks. AJ is not responsible for stolen gift cards, coupons, or Cash Back rewards and checks even if such rewards are delivered to the wrong address. AJ is not responsible for any payment errors made by AJ or payment partners (Paypal). You must monitor your own account with regards to appropriate Cash Back rewards and payments to ensure accuracy. If you feel your account has been credited incorrectly, you have 90 days to contact AJ about the discrepancy. If you feel that you have been improperly credited or your account is inaccurate, your only solution is to withdraw from the program. Based on the tax laws of federal, state, and local jurisdiction, you may be subject to taxes on your purchases and Cash Back receipts. AJ reserves the right to decide whether or not to inform you of instances when you will be taxed. Regardless, you are responsible for any and all taxes that result from purchases or member referrals. AJ is not responsible for the actions of any affiliate program, store, or policy changes that have an effect on the Cash Back rewards you may have earned. AJ is also not responsible for the cancellation or changes to any coupon or discount offered from an affiliate store.
- Program Limitations and Disclaimers
- This AJ program does not come with a warranty. AJ is allowed to cancel the program at any time regardless of notification. AJ fully denies any and all warranties in regards to the AJ program. AJ makes no guarantees regarding the truthfulness or quality of the products offered by affiliate stores. AJ is in no way responsible for any harm that may come to you or your computer based on access or inability to access the AJ website at any time. Member shall not hold any AJ subsidiaries, affiliates, officers, directors and employees accountable for any instances of harm or claims due to Member's use of the program.
- AJ is allowed to change the User Agreement at any time, with or without notice to you. AJ encourages you to periodically read the User Agreement to understand or recognize any modifications. By participating in the program after the User Agreement has been altered, you are agreeing to accept the changes made.
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- 14.1 Application. You and ActiveJunky.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
- 14.2 Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with ActiveJunky.com, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
- 14.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 14.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of ActiveJunky.com shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
- 14.4 Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- 14.5 Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at ActiveJunky.com, Attn: Legal Department, 150 Fifth Avenue, 9th Floor, New York, New York 10011.
- To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, ActiveJunky.com will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, ActiveJunky.com will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
- The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
- 14.6 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ACTIVEJUNKY.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- 14.7 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- 14.8 30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty days of your first use of the Services. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, ActiveJunky.com also will not be bound by them.
- 14.9 Changes to This Section: ActiveJunky.com will provide thirty (30) days’ notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.
- 14.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of ActiveJunky.com.