PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND M2 Interactive, LLC ("M2 Interactive," "COMPANY," "WE," OR "US").
SECTION 15 OF THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
SECTION 4.2 OF THIS AGREEMENT CONTAINS THE TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.
By accessing or using any website with an authorized link to this Agreement, including, but not limited to, www.birthdayrewards.io ("Website"), or registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively with the Website, the "Services"), you: (1) agree to be bound by this Agreement; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate Terms of Service ("Third-Party Terms") that differ from ours. By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.
Subject to Section 15.8 of this Agreement, M2 Interactive reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Website and providing advance notice to you by email to the extent we have your email address. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
1. The Services. Birthday Rewards is an online platform that connects companies with consumers to provide rewards and other offers on their birthday and during the year.
2. Registration. When registering an account for the Services ("Account"), you agree to provide only true, accurate, current and complete information requested by the registration form (the "Registration Data") and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify M2 Interactive immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias. You further agree that you will not maintain more than one Account for the same M2 Interactive service at any given time. M2 Interactive reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of M2 Interactive.
3. Order Process.
3.1 Order Acceptance. Each part of any order that you submit to M2 Interactive constitutes an offer to purchase. If you do not receive a message from M2 Interactive confirming receipt of your order, please contact our Customer Service department before re-entering your order. M2 Interactive's confirmation of receipt of your order does not constitute M2 Interactive's acceptance of your order. M2 Interactive is only deemed to have accepted your order once (i) the product(s) you ordered (each, a "Product") have been shipped (if the Product is a one-time order); (ii) the initial Product for a subscription has been delivered (if the Product is subject to a subscription for the delivery of periodicals or other tangible goods); or (iii) you are granted access to the paid content or resources of a Product consisting of a digital subscription or membership.
3.2 Order Issues. Although we strive to accept all valid orders, M2 Interactive reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
3.3 Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, M2 Interactive and the applicable publisher of such Product reserves the right to (i) cancel your order and provide you a refund for the amount paid for the Product (if the Product is a one-time order), (ii) substitute the Product with a similar Product for the remainder of your subscription (if the Product is subject to a subscription) and allow you to cancel the substitute Product for a pro-rata refund, or (iii) issue you a pro rata refund.
3.4 Restrictions on Resale. To protect the intellectual property rights of M2 Interactive and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. M2 Interactive reserves the right to decline any order that we deem to possess characteristics of reselling.
4. Fees and Purchase Terms.
4.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide M2 Interactive with valid payment information in connection with your orders. By providing M2 Interactive with your payment information, you agree that (i) M2 Interactive is authorized to immediately invoice your Account for all fees and charges due and payable to M2 Interactive hereunder, (ii) M2 Interactive is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify M2 Interactive of any change in your payment information. M2 Interactive reserves the right at any time to change its prices and billing methods, with advance notice to you. If payment cannot be charged to your payment card or your payment is returned for any reason, M2 Interactive reserves the right to either suspend or terminate your access to the unpaid-for services.
4.2 Automatic Renewal. If your order is subject to automatic renewal ("Auto-Renewing Magazine Subscriptions"), you will be notified during the order process. Auto-Renewing Magazine Subscriptions will continue and automatically renew at the end of the initial term and you will be charged the subscription fee (the renewal rate then in effect) on an automatically recurring basis, depending on your chosen subscription, until you cancel. You must have Internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. The length of the automatic renewal term is dependent on your chosen subscription and will be set forth on the order page. Before the end of the initial term and before your subscription renews, you will receive a renewal reminder notice via email with the rate for the next term of issues. You may cancel at any time by contacting us at support.rewardsurvey.com, logging into www.magtracker.com or by clicking "Complete Cancel" on the Cancellation Page linked to your account in your renewal notification email. You must cancel your subscription at least 1 day in advance before the renewal charge date in order to avoid billing of the subscription fees for the next billing period to your Payment Method. Once cancelled, the Auto-Renewing Magazine Subscription will be removed from your account. Auto-Renewing Magazine Subscriptions cancelled after processing and fulfillment may be refunded for a prorated amount. Initial service charges will not be refunded. We will give you advance notice of any changes to the terms of your subscription.
4.3 Refunds. Except as set forth in Sections 3.3 and 4.2 or in any separate refund policy posted on the Services, all fees are non-refundable.
4.4 Discounts, Promo Codes and Premium Offers. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis ("Promo Codes"). Promo Codes may only be used once per person. Only Promo Codes sent to you through official M2 Interactive communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our offers or Services. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted. Unless otherwise stated in the offer, shipment of premium items may take 6-12 weeks and shipping fees may apply.
5. Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to M2 Interactive ("Feedback") is at your own risk and that M2 Interactive has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to M2 Interactive the right to use any Feedback in any way at any time without any additional approval or compensation.
6. Ownership of and License to Use M2 Interactive Properties.
6.1 Use of the Services. M2 Interactive and its suppliers own all rights, title, and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the United States. Subject to this Agreement, M2 Interactive grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update, or other addition to the Services shall be subject to this Agreement. M2 Interactive, its suppliers, and service providers reserve all rights not granted in this Agreement.
6.2 Trademarks. M2 Interactive's stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of M2 Interactive and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
7. Restrictions on Use of Services. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout, or form) of M2 Interactive; (c) you shall not use any metatags or other "hidden text" using M2 Interactive's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorized use of the Services terminates the licenses granted by M2 Interactive pursuant to this Agreement.
8. Third-Party Links. The Services may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. M2 Interactive does not control and is not responsible for Third-Party Links. M2 Interactive provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at your own risk.
9. Indemnification. You agree to indemnify and hold M2 Interactive, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the "M2 Interactive Parties") harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) Your misuse of the Services; (b) your violation of this Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations. M2 Interactive reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with M2 Interactive in asserting any available defenses. This provision does not require you to indemnify any of the M2 Interactive Parties for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Services.
10. Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ACCEPTANCE OF ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE M2 INTERACTIVE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. M2 INTERACTIVE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS DEPENDING ON THE STATE OF YOUR RESIDENCE.
11. Limitation of Liability.
11.1 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE M2 INTERACTIVE PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT M2 INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 User Content and Settings. THE M2 INTERACTIVE PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
11.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN M2 INTERACTIVE AND YOU.
11.4 Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS. IN ADDITION, THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
12. Procedure for Making Claims of Copyright Infringement. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: M2 Interactive, 4 High Ridge Park, Stamford, CT 06905, Attn: General Counsel.
13. Termination. At its sole discretion, M2 Interactive may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, M2 Interactive reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to M2 Interactive for Products purchased will remain due.
14. International Users. The Services are controlled and offered by M2 Interactive from its facilities in the United States of America. M2 Interactive makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with U.S. law.
15. Dispute Resolution. Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires you to arbitrate most disputes with M2 Interactive and limits the manner in which you can seek relief from us. As used in this Arbitration Agreement, the terms "M2 Interactive", "we", "our" and "us" are defined to include the M2 Interactive Parties.
15.1 Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Services, our advertising or marketing practices, any Products sold or distributed through the Services, or this Agreement, including the validity, interpretation, applicability, enforceability, of this Agreement, will be resolved by binding arbitration, rather than in court, in the jurisdiction in which the cause of action arose, except that
(1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or M2 Interactive may seek injunctive relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH M2 INTERACTIVE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST M2 INTERACTIVE ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST M2 INTERACTIVE ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.
15.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to General Counsel, M2 Interactive, 4 High Ridge Park, Stamford, CT 06905. If within 30 days your complaint is not resolved by M2 Interactive, then you may file a petition with an arbitration panel. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, you may select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other expenses of arbitration (not including attorneys' fees) and you cannot obtain a waiver from JAMS, M2 Interactive will pay them for you. In addition, M2 Interactive will reimburse all such JAMS' filing, administrative, hearing and/or other expenses (not including attorneys' fees) for claims with an amount in controversy totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the validity, interpretation, applicability, enforceability of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and M2 Interactive. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties without the written agreement of all parties hereto. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum's rules, and this Agreement (including the Arbitration Agreement) including public injunctive relief. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
15.4 Waiver of Jury Trial. YOU AND M2 INTERACTIVE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AND INJUNCTIVE RELIEF FOR INTELLECTUAL PROPERTY CLAIMS AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and M2 Interactive are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in section 14.1 above.
15.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, in the event that this section 15 is deemed invalid or unenforceable with respect to a particular claim for relief, only that particular claim for relief, shall be resolved in a court as set forth in section 15.5. All other claims for relief subject to this Arbitration agreement shall be arbitrated.
15.6 Severability. Subject to section 14.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
15.7 Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with M2 Interactive.
16. General Provisions.
16.1 Electronic Communications. The communications between you and M2 Interactive use electronic means, whether you visit the Services or send M2 Interactive e-mails, or whether M2 Interactive posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from M2 Interactive in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that M2 Interactive provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."
16.2 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without M2 Interactive's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.3 Force Majeure. M2 Interactive shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, pandemics, endemics, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department at support.rewardsurvey.com. We will do our best to address your concerns.
16.5 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and M2 Interactive agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in Fairfield County, Connecticut or federal court located in Bridgeport, Connecticut. You and we agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims and disputes.
16.6 Governing Law. THIS AGREEMENT, THE ARBITRATION AGREEMENT IN SECTION 15, AND ANY ACTION RELATED TO THIS AGREEMENT OR THE ARBITRATION AGREEMENT WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CONNECTICUT, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
16.7 Notice. Where M2 Interactive requires that you provide an e-mail address, you are responsible for providing M2 Interactive with your most current e-mail address. In the event that the last e-mail address you provided to M2 Interactive is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, M2 Interactive's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to M2 Interactive at the following address: M2 Interactive, 4 High Ridge Park, Stamford, CT 06905, Attn: General Counsel. Such notice shall be deemed given when received by M2 Interactive by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.8 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.9 Severability. Subject to Section 14.5, if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
16.10 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.11 Amendments. M2 Interactive reserves the right to amend this Agreement at any time. Amendments may be communicated by posting on the Website or voice and/or e-mail channels. Amendments are effective and binding thirty (30) days after notice. All amendments are prospective and do not apply to incidents, occurrences or proceedings before the effective date of the amendment.
16.12 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.