Last Updated: October 15, 2016
Welcome and thanks for visiting OfferingTree.com!
Below are the legal terms that you are agreeing to when you use any of the services provided by OfferingTree, SBC.
Please read the below carefully because it contains important information that affects your legal rights and obligations.
Enjoy reading the below and thanks again for visiting OfferingTree.com!
- Intellectual Property – OfferingTree owns all legal rights in the Services. The Services are licensed to you (i.e., not sold) and are protected by intellectual property laws, which provide for civil and criminal penalties for any unauthorized distribution or reproduction. You agree not to copy, rent, lease, sell, distribute, reverse engineer or create derivative works based on the Services. OfferingTree logos, marks and other distinctive brand features constitute OfferingTree’s trademarks and you are not permitted to use them without OfferingTree’s prior written consent. You may not alter, remove or obscure any notices, including legal, copyright or proprietary notices, as they appear on the Site.
- Inherent Risks. All Users understand that OfferingTree does not perform background checks on Users and that you and Wellness Professionals independently contract for Wellness Offerings and therefore assume any risk associated with the Wellness Offerings (e.g., assuming the increased risk of providing / receiving a Wellness Offering held at a private location such as a home; the risk of interacting with someone you don’t know)
- No Monitoring of or Control over Wellness Offerings. Wellness Professionals are solely responsible for all aspects of the Wellness Offerings that they provide to you via OfferingTree. OfferingTree makes no representations or warranties about the Wellness Offerings or the Wellness Professionals, including but not limited to any training, licensing, accreditation, or other information presented as true or accurate by the Wellness Professional. OfferingTree may, but is under no obligation to, check or verify any information provided by a Wellness Professional. You should always use common sense and proceed with caution to protect your own safety (and your property).
- Fees for Registration, No Shows, Cancellations or Unexpected Events. Wellness Professionals may charge you fees for registration, failing to attend a Wellness Offering after registering, for cancelling an existing registration or other unexpected events. The Wellness Professional may only charge you such fees if they have posted a policy detailing these fees on their page at the time of your registration. In addition, you understand that by providing payment information at the time of registration, you authorize OfferingTree’s third party payment processors to charge you the cost of the Wellness Offering (including any applicable fees you may incur) and that OfferingTree is not responsible for any errors in payment processing by any third party (e.g., mistaken submission of payment information, erroneous payment information, negligence or improper transmission). OfferingTree has no obligation to issue credits, refunds or mediate payment disputes, however, OfferingTree may choose to do so, in its sole discretion, from time to time.
- Age Requirement – The Services are not intended for children and you must be at least 13 years of age to access and use the Services. To register for a Paid Account (see below), you must be 18 years of age or older.
- You agree to maintain the confidentiality of the password associated with your Free Account or Paid Account. You will notify us immediately if you suspect a breach or any unauthorized use of your Free Account or Paid Account by following the instructions at: http://support.offeringtree.com
- You are responsible for all activities that happen while logged into your Free Account or Paid Account and you agree not to engage in any of the Prohibited Activities (see below for the definition and further explanation of Prohibited Activities).
- You agree to provide and maintain true, accurate, current and complete Account Data.
- You are only allowed one Free Account and OfferingTree retains the right, in its sole discretion, to terminate any additional Free Accounts and any Free Accounts that are inactive for more than 120 days.
- You agree to immediately pay any and all fees related to your use of a Paid Account upon receipt of an invoice delivered to the email address contained in your Account Data.
- If you are entering into these Terms on behalf of a legal entity (e.g., non-profit, corporation, governmental entity), you hereby represent and warrant that you are authorized to enter into this Terms on behalf of such legal entity and thereby bind the entity to these Terms.
OfferingTree reserves the right to suspend, terminate or prohibit any current or future use of your Free Account or Paid Account if you do not follow any of the above obligation or if OfferingTree has reasonable grounds to believe that you will not follow the above obligations.
- Comments or Suggestions – You are invited to provide comments or suggestions for improving the Services and understand that this information is non-confidential and that OfferingTree may incorporate it into the Services without payment or other obligation to you.
- OfferingTree Communications – As part of your use of the Services, you agree that we may send you announcements, newsletters, administrative messages, or other relevant information as solely determined by us. For some of these communications, you can choose to opt out.
- OfferingTree Marketing and Service Development – By registering for either a Free Account or Paid Account, you grant us a nonexclusive, worldwide, assignable, transferable, sublicensable, fully paid-up and royalty-free license to use any content you post, including your name and image, for our marketing and for developing or improving the Services.
- Copyright Protection Process – if you believe your copyrights are being violated by Users of the Services, then please send us a thorough description of the violation to us at [email protected].
- Changing Services. We may add, remove, suspend, limit or stop providing any or all portions of the Service at any time. We will notify you at the email address contained in your Account Data at least 30 days in advance if we decide to stop providing the Services.
- Third Parties – OfferingTree is not liable for any damages or losses incurred as a result of your use of any third-party website, software or service (collectively, “Third-Party Services”) regardless of any link or redirect to such Third-Party Services via the Services. You are solely responsible for reviewing, agreeing to, and complying with any terms of service and privacy policies governing the Third-Party Services, which may or may not contain terms or policies as protective as the terms and policies of OfferingTree. If you do not agree with anything in the terms of service or privacy policies governing any Third-Party Services, then do not use the Third-Party Services. Any reference to Third-Party Services by us via the Services is not an approval or endorsement by OfferingTree of any Third-Party Services. In order to securely process payments, OfferingTree currently uses the following third-party payment processor:
- Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells
- WE AND OUR LICENSORS, SUPPLIERS AND AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Class Waiver and Arbitration Agreement – YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Any claim that is not resolved through good faith informal discussions between you and OfferingTree, will be settled in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Any such arbitration hearing will be held in Hennepin County, MN in the English language and subject to the governing law set forth in these Terms. The arbiter has authority to award injunctive relief and any decision will be final and binding. OfferingTree or you may enforce the final decision in any court having jurisdiction.