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Last
updated: These Terms of Service are effective as of February
22, 2022.
Welcome
to Pear Commerce!
This
Terms of Service is a contract between you and Pear Commerce
Inc, (“Pear”, “we”,
“our”, or “us”) governing your use of
Pear’s software and services, including but not limited
to any rebate, discount, coupon, or other payment remittance
action (“Pear Services”).
You agree to comply with all of the terms and conditions in
these Terms of Service. These Terms of Service agree to
resolve disputes by arbitration on an individual basis. You
also understand and agree that the Privacy Policy is
incorporated into these Terms of Service.
If you
do not agree to these Terms of Service, you may choose not to
receive the Pear Services.
Process
- You will see an advertisement
utilizing the Pear Services that will promote one or more
products for consumers to purchase and will include an offer
for you to receive the Pear Services (the “Ad”).
- If you would like to receive the
Pear Services, you will provide us with the information
necessary to receive a payment via Venmo, PayPal, or Cash
App (the “Payment Service”), including but not
limited to your name, email, and account name for your
chosen Payment Service.
- To verify purchase, you will
need to send us an email with your receipt for purchase of
the item/s shown in the advertisement using the Pear
Services.
- You will receive payment via
your chosen Payment Service within seven business days,
unless otherwise indicated.
Eligibility
& Rules
- You must be in the United States
and have an account with a Payment Service. Pear will not
issue, and you may not receive, payment by any means other
than the Payment Service.
- You will not be eligible for any
sort of payment if you do not purchase the item or claim the
Pear Services in the advertisement.
- You may only request to receive
the Pear Services once per Ad. You may not request to
receive Pear Services on behalf of anyone else.
- We or our partners or affiliates
may terminate the offer of the Pear Services at any moment,
even if the website is not yet updated.
- Pear Commerce has complete and
sole discretion and authority to determine whether someone
is eligible to receive Pear Services and whether someone is
in violation of these Terms of Service.
Miscellaneous
- The Pear Services are for your
own use only, and you may not resell, lease, or provide them
in any other way to anyone else. The Pear Services are not
directed at children under 13 years old, and Pear does not
knowingly collect or maintain personal information from
children under 13 years of age.
- We may revise these terms of
service and any of the policies listed herein from time to
time in our sole discretion. The revised version will be
effective at the time we post it, unless otherwise noted. If
our changes reduce your rights or increase your
responsibilities we will provide at least 21 days notice to
you. We reserve the right to amend these terms at any time
without notice, subject to applicable law. By continuing to
use our services after any changes to these Terms of Service
become effective, you agree to abide and be bound by those
changes. If you do not agree with any changes to these Terms
of Service, you may choose not to receive the Pear Services.
- All rights are expressly
reserved by Pear. Nothing contained in the Pear Services may
be construed as granting, by implication, estoppel or
otherwise, any license or right to use any patent,
trademark, copyright or other proprietary right of Pear or
any third party without the prior written permission of Pear
or such other party that may own such patent, trademark,
copyright or other proprietary right(s).
- You may not transfer or assign
any rights or obligations you have under these Terms of
Service without our prior written consent. We may transfer
or assign these Terms of Service or any right or obligation
under these Terms of Service at any time.
- To provide the Pear Service, you
will provide Pear with your name, your email address, and
your account name of your preferred Payment Service
(“Payment Information”). We may also share the
Payment Information with the brand who created the Ad and
who is a partner or client of Pear. You understand,
acknowledge, and agree that brand may use Payment
Information for sales and marketing purposes.
- If a dispute arises between you
and Pear regarding the Pear Services or otherwise, our goal
is to learn about and address your concerns. If we are
unable to do so to your satisfaction, we aim to provide you
with a neutral and cost effective means of resolving the
dispute quickly. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTED WITH THESE TERMS OF SERVICE MUST BE ASSERTED
INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE
ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT
SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS
COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY
PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for
arbitration shall be in the city closest to your residence
having a federal district courthouse. The arbitrator shall
not conduct any form of class or collective arbitration nor
join or consolidate claims by or for individuals. To the
extent allowed by applicable law, the Arbitrator, and not
any federal, state, or local court or agency, shall have
exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation
of these Terms of Service including, but not limited to, any
claim that all or any part of these Terms of Service is void
or voidable. Judgment on the award rendered by the
arbitrator may be entered in any court of competent
jurisdiction. For any non-frivolous claim, Pear will pay the
costs of the arbitration (but not your attorney fees), up to
$3,000.
- This Terms of Service and each
of its parts evidence a transaction involving interstate
commerce, and the United States Arbitration Act shall apply
in all cases and govern the interpretation and enforcement
of the arbitration rules and arbitration proceedings. There
are only two exceptions to these terms to arbitrate. First,
if we reasonably believe that you have in any manner
violated or threatened to violate our intellectual property
rights, we may seek injunctive or other appropriate relief
in any court of competent jurisdiction. Second, any claim of
$500 or less may, at the option of the claiming party, be
resolved in small claims court in Minneapolis, MN, if the
claim and the parties are within the jurisdiction of the
small claims court. For these two exceptions, you agree to
submit to the personal jurisdiction of the courts located
within Minneapolis, MN for the purpose of litigating such
claims or disputes.TO THE EXTENT ALLOWED BY LAW, YOU AGREE
TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY
JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR
TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL,
OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE
AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT,
ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR
RELATED THIRD PARTIES.
- You agree to defend, indemnify
and hold harmless Pear, its affiliates, officers, gents,
employees, and partners arising from or in any way related
to any third party claims relating to from and against any
claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys'
fees) arising out of or relating to your violation of these
Terms of Service or your use of the Pear Services other than
as expressly authorized in these Terms of Service, your
violation of the rights of a third party, or any negligent
acts, omissions or intentional wrongdoing by you. Any such
indemnification shall be conditioned on the indemnified
party: (a) notifying you in writing of any such claim,
demand, action, cost, liability, loss or threat thereof; (b)
cooperating with you in the defense or settlement thereof;
and (c) allowing you to control such defense or settlement.
The indemnified party shall be entitled to participate in
such defense at its own cost and expense. The foregoing
Disclaimer of Warranties, Limitation of Liability and
Indemnification provisions shall apply to the fullest extent
permitted by law.
- PEAR, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE
"PEAR PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY
OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL
DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT
LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER
IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR
YOUR INABILITY TO ACCESS OR USE THE SERVICES, CONTENT, OR
APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM
THAT YOU MAY HAVE RELATING TO THE SERVICES OR MATERIALS IS
YOUR RIGHT TO CEASE USE OF THE SERVICES AND MATERIALS.
- We take reasonable steps to
provide the Pear Services in a secure, timely, accurate and
complete manner. However, it is possible that information
provided through the Services may be incorrect or not
current. Further, the Internet has inherent risks, and we
cannot guarantee that your access to and use of the Services
will be uninterrupted or error free or that the Services, or
sites to which they may link, will be free from loss,
corruption, attack, interference, hacking or other security
intrusion. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to
our sites for reconstruction of any of your lost data. You
are responsible for making sure your Payment Information is
correct and current. Pear is not responsible for
typographical errors or omissions relating to pricing, text
or photography. Pear is not responsible or liable for any
loss or damage of any sort incurred as the result of dealing
with third party promotions or as the result of the presence
of third-party advertisers on the Pear Services. YOUR USE OF
THE SERVICES AND THE CONTENT PROVIDED ON THE WEBSITES AND
MOBILE APPLICATIONS IS AT YOUR OWN RISK. THE SERVICES AND
THE CONTENT PROVIDED THROUGH THE WEBSITE AND MOBILE
APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE
SERVICES, THE MOBILE APPLICATIONS OR ANY HYPERLINKS TO OTHER
INTERNET RESOURCES.
- In using the Pear Service, you
agree that you shall not: violate any applicable law,
contract, intellectual property right, third party right, or
commit a tort; use or attempt to use someone else’s
information; attempt to access or acquire information
relating to others for which you do not have specific
authorization or consent; impersonate any person or entity
or otherwise misrepresent your relationship with a person or
entity; attempt to circumvent any content-filtering
techniques we employ or attempt to access any feature or
area of our technology that you are not authorized to
access; use any data mining, robots or similar data
gathering or extraction methods designed to scrape or
extract data from our Services; and send, distribute or post
spam, unsolicited or bulk commercial electronic
communications, chain letters, or pyramid schemes.
- You represent and warrant that
you will be personally responsible for your use of the Pear
Services and that your use of the Pear Services will adhere
to these Terms of Service and will not infringe or violate
the rights of any other party or breach any contract or
legal duty to any other parties or violate any applicable
law.
- If needed, we will send notices
to the email address you provide us in application for the
Pear Services. Please check your spam folder first.
