The Collective Agency® Membership Program Terms of Service
Welcome to The Collective!
In this document, we provide our Terms of Service (“Terms” or “Agreement”) that you must read and accept before using, accessing, or interacting with the The Collective Membership Program. These Terms apply to Users visiting or registering on or after August 20th, 2019. For existing The Collective Membership Program users, these Terms will become effective on September 1st, 2019.
The Collective Agency (together, and with our subsidiaries and affiliates, “The Collective Agency,” “we,” or “us”) is on a mission to enable your lifestyle, put money back into your pocket, and help you find the things you want and need anytime and anywhere. We aim to complete our mission through The Collective’s Platform (“Platform”) , website (“Website”) and mobile application (“Application”), any of The Collective Agency’s services (the “Services”), the forthecollective.com website, and any other website associated with The Collective Agency or pages where the Terms are displayed and accessible (collectively, “Website”) (together, the Platform, Website, Application and Services are the “The Collective Membership Program”). If you decide to download the Application, access, or continue using The Collective Membership Program, you are bound by these Terms. The Terms define your rights and responsibilities as a member (“Member”, collectively “Members”) of The Collective Membership Program.
The Collective Membership Program
Your The Collective Membership Program Account
To access and use The Collective Membership Program, you have to create an account with us (“Account”). Upon creating an account, we may ask you for information, such as your name, email address (or other credentials), telephone number, etc., so we can administer and customize your experience with The Collective Membership Program, and allow you to redeem The Collective Agency points (“TC Rewards”). You agree that the information you provide us will be true, accurate, current and complete. We also request that you create a password for your Account. You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or Account. We are not liable for any loss or damage from your failure to comply with these requirements.
To create an Account and participate in The Collective Membership Program, you must be a legal resident of the 50 United States (or the District of Columbia) who is at least 18 years of age or older at the time of registration. If you are younger than 18 years old, you need your parents’ consent because whenever a minor uses The Collective Membership Program, the parent or guardian of that minor will be held responsible for the minor’s actions and all declared minors parents or guardians must establish guardianship of the minor and sign an additional agreement.
Your Permission to Use The Collective Membership Program
Subject to your compliance with these Terms, you get to enjoy The Collective Membership Program and earn rewards anytime and anyplace (legally, this is a limited, non-exclusive, non-transferable, revocable license to download and install one (1) copy of the Application to your supported device, and access and use The Collective Membership Program, solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application, Platform, Website, or Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application, Website, or the Services; (iv) make the functionality of The Collective Membership Program available to multiple Users through any means; (v) use multiple accounts, per individual User, per one device; (v) use The Collective Membership Program in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms; or (vi) use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit The Collective Membership Program, except as expressly permitted in the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Collective Agency or its licensors.
Earning Rewards, Awards, and Free Items
We offer different ways for you to earn TC Rewards, which include:
The Collective Agency ‘TC Rewards” are reward points. You may earn TC Rewards and other awards and free items in a variety of ways as specified by The Collective Agency, such as: walking into physical stores, scanning certain items while physically in a store (or as requested by The Collective Agency), scanning purchase receipts, making purchases, and other ways as indicated within The Collective Membership Program.
The Collective Agency reserves the right to change, add or remove any reward types, and the methods by which members can earn and redeem TC Rewards or other awards, for any reason and without notice to you, in its sole discretion and at any time. All TC Rewards, under all programs are rewarded on a “first come, first served” basis. Also, there are often limits on many times you can be eligible for TC Rewards in various time periods (a day, a week, a month, etc.) for each action, and for each program (e.g. limits on how many times you may walk-in or scan a product). Eligibility requirements for all programs may change without prior warning. Be sure to check the Application, Platform, or Website, or relevant pages within The Collective Membership Program for the most up-to-date information.
The Collective Agency will not be liable for a failure to award TC Rewards or other under any circumstance, for any reason, including due to errors in your mobile device or mobile network, failing to complete the actions, failure to follow the stated directions, due to the inaccuracy or illegibility of the receipt submitted. The Collective Agency cannot guarantee participating products will always be available for purchase at the published locations (e.g. a vendor may pull products from its shelves, a product may be out of stock, etc.), or that eligibility dates will not change without prior warning, and thus The Collective Agency disclaims all responsibility for any failure to award TC Rewards. We are not liable for a failure to award TC Rewards. By participating in The Collective Membership Program, you agree The Collective Agency is under no obligation to notify you if there are no longer available TC Rewards.
TC Rewards for Online Purchases
Our online features within The Collective Website and Platform allow you to earn TC Rewards from making online purchases at through The Collective Website and App as displayed within The Collective Membership Program. By using The Collective Agency’s online-purchases feature within The Collective Website and App, you will agree to terms and conditions of each applicable participating merchant, Card processor, Card network and/or Card issuer (collectively, “Processors”), in addition, you also agree to our terms within The Collective Membership Program for the applicable Processors, and our Terms as detailed herein. If you do not agree to all of the applicable Processors’ terms and conditions, then you may not use our online-purchases feature or earn TC Rewards from this feature.
From time to time, there will be circumstances where The Collective Agency does not receive valid, complete and/or otherwise sufficient data relating to transactions from online-purchases. Online-purchases transactions will be handled by the applicable Processors rather than The Collective Agency. Under no circumstances will The Collective Agency be responsible for Processors’ errors, omissions, negligence, reckless or intentional acts, privacy or publicity rights violations, and/or security breaches, including with respect to any notification obligations related thereto. Certain online-purchase transactions, or portions thereof, may not be eligible to receive TC Rewards, including, but not limited to, clearance items, gift cards, tax, and/or shipping & handling fees. At The Collective Agency’s sole discretion, entire online-purchases transactions may be determined to be ineligible for TC Rewards, or only eligible for award of partial TC Rewards credit.
Awards from online-purchases may not be awarded or used until a certain time period has expired (for example, for returns associated with that participating merchant). Typically, this is between 30 and 45 days, but it could be longer, as indicated in the “TC Rewards Activity” section of the Application and The Collective Membership Program. If you make a return, the transaction is invalidated, disputed, or does not settle for any reason, then some or all pending TC Rewards will be decremented from your Account, as determined and at the sole discretion of The Collective Agency. If you make a return for cash, store credit or credit to a different credit card, we will still need to take away some or all of your pending kicks accordingly. Regardless of our online-purchases offerings, The Collective Agency shall not be responsible for any online shopping transactions that you make, or attempt to make, using the online-purchases capability of The Collective Website or App. For any questions or issues with any such online transaction, please contact the participating merchant, Processors, and/or your Card issuer directly.
TC Rewards for Purchases
Our TC Rewards for purchases program (sometimes called ‘Live Life Get Rewards’ or “TC Rewards for Purchases” or “TC Rewards for Engagements” purchases) lets you associate one or more of your credit or debit cards issued from certain card networks, stores or card issuers (each, a “Card”) with your Account using the Application or Website, so you may be eligible to receive kicks when you use that Card at specified merchants and on qualifying purchases (“Card Awards”). If you choose to associate a Card with your Account, we will direct you to a secure site operated or approved by the Card network or issuer on The Collective Agency’s behalf where you will be required to provide your Card information and agree:
We will use the information provided by a Card network or issuer solely to:
The Card network or issuer will register your Card on The Collective Agency’s behalf and will provide a non-Card number identifier to The Collective Agency that relates to your associated Card. Card networks and issuers’ only role(s) in TC Rewards for Purchases is to provide data from your associated Card to enable your participation in TC Rewards for Purchases program.
You may only associate a Card with your Account if you are a registered User of the Platform, Website, Application, and The Collective Membership Program, who has also verified your identity, phone number, and mailing address with your Account. We will only award you TC Rewards for qualifying purchases that are not returned. Qualifying purchases are those made with Cash or a Card(s) linked within the Application or The Collective Platform, Website, and App that do not use a Personal Identification Number (PIN), and such purchases are made from stores included in the TC Rewards for Purchases program, and your purchases meet the requirements as set forth in The Collective Membership Program, your purchases are not held in default or deemed fraudulent, and fully comply with The Collective Agency Rules.
Card Awards may not be awarded or redeemed until a certain time period (for example, for returns associated with that merchant) has passed. Typically, this time period is between 30 and 45 days, but it could be longer, as indicated in the “TC Rewards Activity” section of the Application. If you make a return, the transaction is invalidated, disputed, or does not settle for any reason, then some or all pending kicks will be decremented from your Account, as determined and at the sole discretion of The Collective Agency. If you make a return for cash, store credit, or credit to a different credit card, we will take away some or all of your pending kicks accordingly. You may remove your Card from the TC Rewards for Purchases program (e.g. unlink) at any time through the Platform, Website, Application; however the Card network or issuer may still continue to deliver The Collective Agency information about your returns at included merchants for a limited period of time after the Card association has been removed to use solely for the above purposes.
Only the Card network or issuer that is operating or approving the secure site is responsible for any errors or mistakes associated with that secure site. The Collective Agency does not store your Card number and hence, is not responsible for any liability relating to the secure site or any liability therefrom. In addition, we, the Card networks and issuers, are not in any way liable for your use of the Card at an included merchant, any issues you might have with the included merchant or the Card issuer, or any returns or attempted returns at the included merchant. Unfortunately, we, the Card networks, and issuers cannot be liable for any errors or omissions in awarding TC Rewards for a number of reasons, including because we cannot control the accuracy of the information we may receive from an included merchant.
TC Rewards for Receipts
Our TC Rewards for receipts program lets you earn TC Rewards by using the Platform, Website, and Application’s submission function and your phone’s or other device’s camera to submit receipts from purchases of select products and/or select retailers (“TC Rewards for Receipts” program). From time to time, The Collective Agency will announce via The Collective Membership Program the actions you need to take, identity of the participating products and/or retailers, and store location(s) from where you must submit your receipt. Each action you wish to take to earn TC Rewards has directions you must follow as well as limits as to when purchases or submissions must be made.
TC Rewards for Scans
Our kicks for scans program lets you earn TC Rewards by using the Application’s scanning function (or similar functions within The Collective Platform, as specified by The Collective Agency) and your device’s camera to scan participating products’ bar codes while at the eligible store (“TC Rewards for Scans” program). From time to time, The Collective Agency will announce to you the identity of participating products, as well as locations where those products might be available, via messages distributed through the Platform, Website, and Application or The Collective Membership Program, including email. Each product has a limit as to how quickly and how many times you may scan a product in various time periods (a day, a week, a month, etc.). You should scan items one at a time and wait sometime between scans. We have a limited number of scans per product available in total across all Members of the Platform, Website, and Application and The Collective Membership Program; if the scan limit is reached, you will no longer be able to earn TC Rewards for scanning that product.
By participating in the TC Rewards for Scans program, you agree the Platform, Website, Application and The Collective Agency may access your device’s camera, and that The Collective Agency will review the scans made by your device. In addition, you also agree to use the Platform, Website, Application, The Collective Membership Program and the TC Rewards for Scans program only for submitting scans to The Collective Agency, and to fully follow and comply with The Collective Agency Rules. In specific, you agree to only scan products at the stores listed along with a respective product scan, unless you are otherwise directed to by The Collective Agency within The Collective Membership Program. The Collective Agency does not guarantee the advertised products will always be available for scanning at published locations (e.g. a vendor may pull products from its shelves, a product may be out of stock, etc.), or that bar codes will always be accurate, and thus The Collective Agency disclaims all responsibility for any failed scanning experiences, errors, or mistakes occurring during a scanning attempt.
TC Rewards may be redeemed for cash, gift cards or whatever other rewards (“Rewards”) that are listed on The Collective Agency Platform, Website, and Application at that time every February and November. The Collective Agency may modify the list of Rewards periodically, and reserves the right to modify the TC Rewards values of the Rewards, and its applicable redemption at any time, including but not limited to devaluing TC Rewards, for any reason. The Collective Agency may also modify the frequency and payment schedule in which it allows you to redeem TC Rewards and other awards for Rewards and/or pays Rewards, and reserves the right to modify this at any time. We may also require a minimum threshold (e.g. $20) in cumulative TC Rewards before allowing you to redeem TC Rewards, which may change from time to time. The Collective Agency is not the supplier of any Reward, and is not liable or responsible for its fulfillment or proper condition or value. Please contact the supplier of the Reward directly with any claims you may have.
TC Rewards may be used in February and November, as indicated within The Collective Membership Program. You may also save your kicks over time for later use prior to expiration, forfeiture, or termination of The Collective Membership Program. Some Rewards may require additional time before they can be fulfilled. Refunds, exchanges and other issues regarding the redeemed item are governed by the Reward supplier’s terms and conditions applicable to the item, including any warranty, and are not the responsibility of The Collective Agency. Restrictions may apply to certain Rewards and the terms specific to the Rewards are disclosed through The Collective Agency Platform, Website, and Application. Merchants participating in The Collective Agency are subject to change at any time. You are responsible for the payment of any applicable taxes that may result from Rewards received as part of The Collective Membership Program. Rewards pictured within The Collective Agency Platform, Website, and Application may not necessarily reflect exact colors or models of actual Rewards due to model variations and/or manufacturer’s updates.
Some Rewards require a unique code for redemption (Ex: “virtual store card“). This unique code may be provided to you directly via email, to your device, to your mailing address, or though The Collective Membership Program. Emails will be sent to the email address you provide and physical mail to the mailing address you provide. You will need to present this unique code to The Collective Agency Platform, Website, or Application to redeem your Reward. Once the code of the Reward is sent to you, the redemption process and the reward itself is handled by the vendor, and The Collective Agency is not responsible or liable for the Reward value or the redemption process.
Other Rewards may require an account with the applicable Reward provider or the provider allowing you to redeem a Reward (i.e. PayPal, Venmo, etc.), a mailing address to ship the Rewards, or other requirements as The Collective Agency and the redemption provider sets forth in The Collective Membership Program. You are responsible for maintaining the accuracy of your information in your Account and your account with the applicable Reward provider of the redemption method. You further agree to provide additional information as The Collective Agency requests to verify your identity and administer your Reward. If Rewards are not deposited, mailed to you, or cashed by you (e.g. check expires), through no fault of The Collective Agency, we have no obligation to reissue such a Reward.
Merchandise rewards that are not available to be claimed in-store or on the Platform, Website, or Application will be shipped via U.S. mail (or other carrier at the discretion of The Collective Agency) within six to eight weeks from date of Reward redemption. Merchandise can only be shipped to approved U.S. shipping locations. Some merchandise Rewards require a street address for shipment. The Collective Agency reserves the right to substitute merchandise of equal or greater value in place of unavailable merchandise, or to refund TC Rewards that were redeemed for unavailable merchandise. All The Collective Agency Program Rewards are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.
To redeem TC Rewards for Rewards, you agree to comply with all applicable laws and to abide by The Collective Agency Rules. The Collective Agency expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any prohibited conduct or violation of the Terms; you agree to provide your full cooperation and prompt repayment under such circumstances.
If you believe that TC Rewards or other awards were not properly accrued to your Account, please notify The Collective Agency by using the “Contact Us” form on the Website within 30 days of when you think the error occurred. Allow 30 days for any claims to be researched and corrected as needed. The Collective Agency’s determination will be final, and made in its sole discretion. Unfortunately, we cannot guarantee TC Rewards or other awards you believe should have been accrued can be credited to you later, if The Collective Agency cannot determine the precise location you were in, or the action you took on The Collective Agency Platform, Website, or Application or at a store, at the time when you believe the TC Rewards or other awards should have been credited. Among other reasons, technical problems with a walk-in or scanning system or verification of transaction information may result in your action not being detected or verified accurately by The Collective Agency Platform, Website, or Application. While we try to prevent that from happening, neither we nor our affiliates or business partners can be held liable for your inability to accrue TC Rewards or other awards in such event.
Modification of The Collective Membership Program
The Collective Agency reserves the right, in our sole discretion, to modify, discontinue or terminate any or all of The Collective Membership Program, or modify the Terms at any time. For example, we reserve the right to charge a fee for using the Services, devalue accumulated TC Rewards and awards accrued in the future or retroactively, or cease The Collective Membership Program. Changes will be posted on the Platform, Website, Application, via a Message, and by changing the date of last revision on this Agreement. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted, or as quickly as permitted, and will apply to all Users regardless if you created an Account or not.
If any portion of this Agreement or any change to the Terms, Platform, Website, Application or The Collective Membership Program is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you must cease using the Services and, if applicable terminate your account. As indicated herein, if you choose to opt out of the Services, The Collective Agency may forfeit any or all TC Rewards, Rewards, and/or other awards in your Account after the prior notice period. By continuing to access or use The Collective Agency Platforms, Website, and Application after the changes are effective, you agree to be bound by such changes.
Termination or Cancellation of Your Account
You may terminate your Account at any time and for any reason by deleting your account via the Platform, Website, and Application or designated pages as detailed within The Collective Membership Program, or by sending The Collective Agency an email notice with the subject line “please cancel my The Collective Membership” to firstname.lastname@example.org and requesting to be removed from The Collective Membership Program. By canceling your The Collective Membership Account, your Account will be terminated and may no longer be accessible, and all TC Rewards and other awards and Rewards are immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by The Collective Agency.
We may immediately terminate your Account or suspend your access to The Collective Agency Platform, Website, or Application, and remove any TC Rewards, material (including any User Content provided by you) from the Platform, Website, Application or our servers, in the event that you breach the Terms our policies, or for other improper conduct, at our sole discretion and without prior notice to you. As a result of any such termination, we may disqualify you from future participation in any of our programs, Services or The Collective Agency Platform, Website, or Application. Any suspension, termination or cancellation will not affect your obligations to The Collective Agency under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Upon termination, all licenses and other rights granted to you under the Terms will immediately cease, and you will forfeit all TC Rewards and other awards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, any information (including User Content) you submitted to The Collective Agency may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
NOTE: WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE APPLICATION FOR 180 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, YOUR ACCOUNT MAY BE TERMINATED AND ANY OR ALL TC REWARDS, REWARDS, AND OTHER AWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED, WITHOUT NOTICE AND AT THE COLLECTIVE AGENCY’S SOLE DISCRETION. SIMILARLY, IF TC REWARDS ARE NOT USED OR REDEEMED WITHIN 12 MONTHS AFTER THEY ARE AWARDED, ALL SUCH UNUSED TC REWARDS MAY BE SUBJECT TO A FORFEITURE, AT THE COLLECTIVE AGENCY’S SOLE DISCRETION.
The Collective Agency Rules
By creating an Account and participating in The Collective Membership Program, you agree to comply with the rules accessible through The Collective Membership Program (“The Collective Agency Rules”), which may also be found here The Collective Agency Rules.
Your Commitment to Us
By accessing and using The Collective Agency Platform, Website, Application, and Membership Program, you agree to comply with the following:
(i) You will not use The Collective Agency Platform, Website, Application, and Membership Program to collect or store personal data about other Users without their express permission;
(ii) You will not upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of The Collective Agency Platform, Website, Application, and Membership Program, or interfere with the access of any user to The Collective Agency Platform, Website, Application, and Membership Program;
(iii) You will not circumvent, disable or otherwise interfere with security related features of The Collective Agency Platform, Website, Application, and Membership Program or features that prevent or restrict use of any Content;
(iv) You will not use any meta tags or other hidden text or metadata utilizing a The Collective Agency name, trademark, URL or product name;
(v) You will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in The Collective Agency Platform, Website, Application, and Membership Program;
(vi) You will not attempt to or actually access The Collective Agency Platform, Website, Application, and Membership Program by any means other than through the Platform, Application, Website, or other The Collective Agency-provided platforms;
(vii) You will not attempt to probe, scan or test the vulnerability of any The Collective Agency system or network or breach or impair or circumvent any security or authentication measures protecting The Collective Agency Platform, Website, Application, and Membership Program;
(viii) You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application or any web pages used to provide The Collective Agency Platform, Website, Application, and Membership Program;
(ix) You will not use The Collective Agency Platform, Website, Application, and Membership Program in any way that competes with The Collective Agency; or attempt to or acquire TC Rewards, bonuses, other awards or any other type of awards other than in a manner consistent with the intended use of The Collective Agency Platform, Website, Application, and Membership Program; and
(x) You will not post any product review on a digital distribution platform for mobile devices (for example, iTunes App Store, Android Play Store), which includes a referral or promo code for collecting or receiving awards through The Collective Agency Platform, Website, Application, and Membership Program.
By accessing and using The Collective Agency Platform, Website, Application, and Membership Program, you further agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application, Website, nor any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using The Collective Agency Platform, Website, Application, and Membership Program, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Collective Agency Content
The Collective Agency Platform, Website, Application, and Membership Program contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in The Collective Agency Platform, Website, Application, and Membership Program are owned by or licensed to The Collective Agency. All Content is owned, licensed to and/or copyrighted by The Collective Agency and you may only use the Content in accordance with these Terms. In addition, The Collective Agency Platform, Website, Application, and Membership Program includes descriptions and potential availability of products for purchase from third parties; The Collective Agency cannot control these third parties, and therefore quantity, selection, and price may vary by store location and online. All Content, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of The Collective Agency Platform, Website, Application, and Membership Program. We attempt to ensure all Content is complete and accurate, but despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content is complete, accurate, reliable or error-free.
User Generated Content
Certain portions of The Collective Agency Platform, Website, Application, and Membership Program may allow you to post or upload text, graphics, images (such as scans or receipts), and other content for display or publication (“User Content”). By submitting User Content to The Collective Agency, you hereby grant The Collective Agency a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute copies of, prepare derivative works of, display, and perform publicly the User Content in connection with The Collective Agency Platform, Website, Application, and Membership Program and The Collective Agency’s business, including, without limitation, for promoting and redistributing part or all of The Collective Agency Platform, Website, Application, and Membership Program in any media formats and through any media channels. Any User Content you submit via The Collective Agency Platform, Website, Application, and Membership Program may be viewed by, and shared with other people, for example, within The Collective Agency Platform, Website, Application, and Membership Program, or on third party social networks like Facebook, based on the settings you select for your Account and/or your settings within the applicable third party network. In addition, any feedback, comments and suggestions you may provide for improvements to The Collective Agency Platform, Website, Application, and Membership Program (“Feedback”) will be the sole and exclusive property of The Collective Agency, and you hereby irrevocably assign to The Collective Agency all of your right, title, and interest in and to all Feedback.
When submitting User Content, you agree not to: (i) submit material that violates anyone else’s proprietary rights, including intellectual property rights and privacy, confidentiality and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, “pyramid schemes,” chain letters or other solicitations; or (v) impersonate another person. In addition, you agree to abide by The Collective Agency Rules.
The Collective Agency does not endorse any User Content, any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We reserve the right to decide in our sole discretion whether User Content is appropriate and complies with these Terms, and may remove such User Content and/or terminate your access for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available User Content or other materials that are believed to violate the Terms our policies.
Copyright & DMCA Policy
The Collective Agency respects copyright law and expects its Users to do the same. While we cannot preview or monitor User Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content we believe violates of the Terms or our policies (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Content we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, contact email@example.com.
Communications Between You and The Collective Agency
By accessing and using The Collective Agency Platform, Website, Application, and Membership Program, you agree that we may collect, use and disclose certain information about you, either provided directly by you or other parties, such as our service providers, or your friends who invite you to The Collective Agency Platform, Website, Application, and Membership Program. We may use this information to contact you (via the Website, Application, phone, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website, Application or Services, or of any related products and services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some Messages you may receive are via your telephone. For example, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Application. For calls or text messages to the cellular phone number you provide, by agreeing to these Terms and by providing consent when asked, you authorize The Collective Agency to send texts or calls to your phone using an autodialer or a prerecorded voice. We may also offer you the opportunity to invite your friends or contacts to download or use The Collective Agency Platform, Website, Application, and Membership Program. You may invite one or more of your friends or contacts using text messaging (SMS), email, Facebook and other forms of communications. Depending on your phone’s functionality, we may suggest content for the message and you can edit that suggested content. If you choose to send invitations you represent to The Collective Agency that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited, and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt in or out of these via The Collective Agency Platform, Website, Application, and Membership Program or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). The Collective Agency is not responsible or liable for sending any invitation messages; these are expressly sent by you should you choose to make invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
By creating an Account and participating in The Collective Agency Platform, Website, Application, and Membership Program, you agree The Collective Agency may access information about you and the actions you take, such as videos you watch, surveys to which you respond, items you buy, and other relevant information. In addition, as applicable, you agree The Collective Agency may access your device’s camera, and that The Collective Agency, its vendors, partners, and clients may review the submissions made by you and your device. The Collective Agency is operated in the United States of America and access to The Collective Agency Platform, Website, Application, and Membership Program is governed by this Agreement under the laws of the State of California and the United States. If you create an Account and are a member of The Collective Agency Platform, Website, Application, and Membership Program, your information will be stored and processed in the United States, and you specifically consent to The Collective Agency’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your Account and use of The Collective Agency Platform, Website, Application, and Membership Program.
Third Party Policies
If you accessed or downloaded the Application from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), you acknowledge and agree:
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of The Collective Agency, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY AND/OR ACCURACY OF THE CONTENT, APPLICATION, WEBSITE OR SERVICES, AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE OFFER THE CONTENT, PLATFORM, APPLICATION, WEBSITE, SERVICES AND THE COLLECTIVE MEMBERSHIP PROGRAM ON AN “AS IS” BASIS AND DO NOT ACCEPT RESPONSIBILITY FOR ANY USE OF OR RELIANCE THEREON, OR FOR ANY DISRUPTIONS TO OR DELAY IN YOUR USE OF EACH. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPREHENSIVENESS, COMPLETENESS, QUALITY, TIMELINESS, ERROR-FREE NATURE, COMPATIBILITY, SECURITY OR FITNESS FOR PURPOSE OF THE CONTENT, APPLICATION, WEBSITE, SERVICES OR THE COLLECTIVE AGENCY PROGRAM. THE COLLECTIVE AGENCY DOES NOT GUARANTEE THE ADEQUACY OF THE CONTENT, PLATFORM, APPLICATION, WEBSITE, SERVICES AND THE COLLECTIVE MEMBERSHIP PROGRAM OR COMPATIBILITY THEREOF TO YOUR COMPUTER EQUIPMENT, DEVICES, MOBILE DEVICES, OR ENVIRONMENT AND DOES NOT WARRANT THAT THE CONTENT, PLATFORM, APPLICATION, WEBSITE, SERVICES AND THE COLLECTIVE MEMBERSHIP PROGRAM, THEIR SERVERS, OR ANY MESSAGES WHICH MAY BE SENT FROM THE COLLECTIVE AGENCY ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE LIMIT OUR LIABILITY. IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT WE CAUSE UNINTENTIONALLY AND WE SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, PROVIDED THAT NOTHING IN THIS AGREEMENT WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. FOR EXAMPLE, WE SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE (WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE, KNOWN OR OTHERWISE): (I) LOSS OF REVENUE; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (III) LOSS OF THE USE OF MONEY; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OR CORRUPTION OF, OR DAMAGE TO, DATA, DEVICES, SYSTEMS, OR PROGRAMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS AS BROAD AS THOSE STATED ABOVE OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONTENT, PLATFORM, APPLICATION, WEBSITE, SERVICES AND ANY THE COLLECTIVE MEMBERSHIP PROGRAM, OR WITH ANY CLAUSE OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY YOU MAY DISCONTINUE USING THE CONTENT, PLATFORM, APPLICATION, WEBSITE, SERVICES AND ANY THE COLLECTIVE MEMBERSHIP PROGRAM. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, YOU MAY BE LIABLE TO OTHERS AS WELL AS TO US IF YOUR ACCOUNT IS USED IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IN NO EVENT WILL THE COLLECTIVE AGENCY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CONTENT, PLATFORM, APPLICATION, WEBSITE, SERVICES AND ANY THE COLLECTIVE MEMBERSHIP PROGRAM EXCEED THE AMOUNTS YOU HAVE PAID TO THE COLLECTIVE AGENCY FOR USE OF THE SERVICES OR CONTENT OR TWENTY DOLLARS ($100 USD), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COLLECTIVE AGENCY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COLLECTIVE AGENCY AND YOU.
You agree to defend, indemnify and hold harmless The Collective Agency, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Content, Platform, Application, Website, Services and The Collective Membership Program; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, privacy or confidentiality right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Content, Platform, Application, Website, Services, and The Collective Membership Program.
The Content, Platform, Application, Website, Services, and The Collective Membership Program includes descriptions and potential availability of products available for purchase from third parties. The Collective Agency cannot control these third parties and therefore quantity, selection, and price may vary by store location and online. The Collective Agency may, from time to time, provide opportunities to Members to use or purchase services from third parties. Websites and platforms of those third parties are subject to terms and conditions different from those applicable to The Collective Membership Program, and it is your responsibility to ensure that you have read and understood them. THE COLLECTIVE AGENCY MAKES NO WARRANTY CONCERNING, IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE ANY THIRD PARTY PROVIDED GOODS OR SERVICES (INCLUDING GOODS OR SERVICES PURCHASED OR EARNED AS A KICK OR OTHER AWARD THROUGH THE THE COLLECTIVE AGENCY PROGRAM), and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from The Collective Agency.
Governing Law & Disputes
The State of California
By using the Content, Platform, Application, Website, Services, or The Collective Membership Program, you agree the Federal Arbitration Act, applicable federal law, and the law of the State of California, without regard to its principles on conflicts of laws, will govern these Terms, your use of the Content, Platform, Application, Website, Services and The Collective Agency Program, and any dispute of any sort that might arise between you and The Collective Agency.
Disputes between You and The Collective Agency – ARBITRATION
If a dispute arises between you and The Collective Agency, our goal is to provide you a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact The Collective Agency Customer Support by via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and The Collective Agency agree that any dispute or claim relating to your use of the Content, Platform, Application, Website, Services, and The Collective Membership Program will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and The Collective Agency both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and The Collective Agency each waive any right to a jury trial.
You and The Collective Agency 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, consolidated, or representative action. Further, unless both you and The Collective Agency agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your The Collective Agency membership(s).
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to The Collective Agency Legal Department, The Collective Agency, 3200 Park Center Drive, 14-137, Costa Mesa, CA 92626. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The parties will select an arbitrator, a retired judge or an attorney
Arbitration Location and Procedure
Unless you and The Collective Agency otherwise agree, the arbitration will be conducted in the Orange County California you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
licensed to practice law from the AAA’s roster of arbitrators; and if unable to agree, will appoint an arbitrator in accordance with AAA Rules
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, We will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes of the Terms
Notwithstanding the provisions of the “Modification to this Agreement” section above, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)
Severability & Waiver
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Website and within The Collective Membership Program, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by The Collective Agency.
If you have any questions or comments, or would like to discuss your Account with our Customer Support staff, please contact us at email@example.com.
If you have any questions about the Terms, please contact us at firstname.lastname@example.org
We hope you will enjoy using The Collective Platform.
Last updated as of: August 20th, 2019
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