ZEN REWARDS

  TERMS AND CONDITIONS OF USE AGREEMENT:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT; HEREINAFTER REFERRED TO AS “AGREEMENT”.   AMONG OTHER TERMS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER IS ENCLOSED.                    

BY REGISTERING FOR AN ACCOUNT, DOWNLOADING A ZEN REWARDS MOBILE APPLICATION, DOWNLOADING A ZEN REWARDS BROWSER EXTENSION, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING “AGREEMENT” INCLUDING THE ZEN REWARDS PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENTS AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS.

Zen Rewards is a dba of Zen Rewards Unlimited, LLC, a company registered at 702 West Interstate 2, Suite G, Pharr, Texas which provides an online platform at www.myzenrewards.com for its cashback rewards program that enables its Members (both Associates/Customers) to receive rewards by purchasing goods, services, etc. from Affiliate Merchants through our platform. This “Agreement” constitutes a legally binding agreement between each individual that enrolls and uses the services provided by Zen Rewards. If you agree to be an Associate or Customer of Zen Rewards and use any of the services provided by Zen Rewards you will be regulated by the following “Agreement”. By using these services, users consent and agree to these terms and conditions of use of the “Agreement”. If a user finds the “Agreement” unacceptable, you should discontinue participation and use of Zen Rewards and terminate your account immediately.

You agree to the mandatory individual arbitration and class action/jury trial waiver provision fully described herein, to resolve any disputes with the company except for those matters that can be resolved in a small claims court.

Changes to the Terms and Conditions Use Agreement:

Company, at its discretion, may update, add to, modify, discontinue, remove or otherwise change these Terms and Conditions of Use by website, email, regular mail, text message or other reasonable means at any time. Each modification will take immediate effect upon notification.

Your continued use of the services provided by Zen Rewards following any such notification constitutes your acceptance of such modifications and you are in agreement to be bound by these changes to the “Agreement”. If you do not agree to any of the modifications herein, your sole remedy is to terminate your Agreement. The most current version of this “Agreement” will be available on our website and supersedes any and all previous versions.  

Services:
Zen Rewards does not offer any warranties for the products, promotions, coupon codes, and special offers being provided by participating retailers and advertisers. We do not control these retailers, do not endorse them, and are not responsible for any aspects of their websites or businesses.

Retailers can at any time alter or cancel any and all coupons/promotions. Our service involves publishing links to online retailers as well as printable coupons redeemable at brick and mortar establishments. The primary purpose of Zen Rewards is to help members (associates and customers) save money on all their purchases via Cash Back, coupons, hand-picked deals, money-saving tools and more.  In order to provide Cashback Rewards or other benefits to Members for their purchases, Zen Rewards enters into contracts with Affiliate Merchants. Merchants and the above-mentioned benefits can be viewed at www.myzenrewards.com. The affiliated Merchants send all purchases, billing, and other related information to Zen Rewards for the calculation of the final reward.

Cash Back
Program Description:
Zen Rewards Cash Back program allows Zen Rewards members to receive Cash Back on all their eligible purchases made through its Platform. Affiliated Merchants will be identified on the website along with the percentage Cash Back amount Associates and Cutomers will receive. Getting started is simple, just set up a Zen Rewards account, log into your account, link to your favorite Merchant(s), and start shopping. Utilizing a Zen Rewards account allows Associates and Customers to view Cash Back earned from their qualified purchases.

Zen Rewards is not responsible or liable for Program changes or removal of an Affiliated Merchant, an Affiliated Merchants’ decision to withdraw from the Program and the impact this has on an accrued Cash Back balance. Zen Rewards is not responsible or liable for Program changes or removal of coupon codes and/or discounts and the impact this has on an accrued Cash Back balance.

The Zen Rewards Program and Applications are provided to Associates and Customers "as is" and with no warranty. Zen Rewards may terminate the Program and Applications at any time with or without notice or reason. To the maximum extent permitted by law, Zen Rewards disclaims all representations and warranties, express or implied, in regards to the Program and Applications.

The Zen Rewards Program and Applications are provided with no guarantee regarding the quality or accuracy of advertisements for products provided by Affiliated Merchants. Zen Rewards does not guarantee that while using Zen Rewards and its Program and Applications, the site will be free of errors or interruptions. Also, Zen Rewards assumes no liability or responsibility for any damages due to site errors, interruptions or inability to access Zen Rewards Programs and Applications.

Participation in Zen Rewards’ platform and the opportunity to earn cashback are offered at the sole discretion of Zen Rewards and is subject to your compliance with this “Agreement.”

Online Cashback Program:

In order to earn cashback online, you must register for an account, be signed into Zen Rewards, use the shopping links within and complete your purchase transactions during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Zen Rewards, your purchase might be associated with a service or company other than Zen Rewards and you may not earn cashback on your purchase. If you disable (cookies) on your computer so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn cashback because cookies are used to authenticate the user and verify whose Member Account is eligible for cashback. A product purchased from any Affiliate Merchant, whether online or in-store, is governed by and subject to the applicable Affiliate Merchant’s policies, including applicable exchange, return and shipping policies. You agree that we are not agents of any Affiliate Merchant and that the Affiliate Merchants operate independently and are not under our control. Furthermore, your participation in offers or promotions of, or correspondence with, any Affiliate Merchant is solely between you and that Affiliate Merchant. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Zen Rewards is not responsible for changes to, or discontinuance of, any Affiliate Merchant or any Affiliate Merchant’s withdrawal from our platform, or for any effect on accrual of cashback caused by such changes, discontinuance or withdrawal. 

In-Store Cashback:

 Zen Rewards may also offer you the opportunity to earn cashback on purchases made in certain  Affiliate Merchant physical (brick and mortar) store locations. In order to be eligible for in-store cashback ...................................

Cashback Exclusions. Cashback is earned on your net purchase amount, which excludes taxes, fees, shipping, gift wrapping, discounts, credits, returns or cancellations, and extended warranties. Cashback amounts by Affiliate Merchant and product category may contain exclusions in the terms of the offer. Please review these terms carefully. 

New Associate Bonuses:

Any qualified Associate who brings in a new Customer or a new Associate will be paid a Bonus of 5% on CV (commissionable volume) for the first two full months of activity.  Associate must be in good standing and be current with any and all dues by the end of the month to be eligible.  Bonuses paid on CV from new Level 1 Customers and Associates in their enrollment months plus the following two months. This New Associate Bonus is paid in addition to other Level Bonuses. Determination of bonus eligibility will be at the sole discretion of Zen Rewards.

Cash Back Discrepancies:
If an Associate or Customer believes that Cash Back has not been accurately reported to his/her account, it is the responsibility of the Associate or Customer to submit a Cash Back Inquiry through Zen Rewards at [email protected].  Cash Back Inquiries must be submitted no earlier than 7 days and no later than 60 days after the transaction date.

Coupons Listed On Our Website:                                                                                                    Please make sure any coupon(s) used are current, are not expired, and are from our website only..   Please check for any exclusions or restrictions listed for the coupon on our website and on the Affiliate Merchant’s website. Please ensure that your purchase meets all requirements. Any and all coupons outside of the Zen Rewards platform are excluded and ineligible.
You must ensure that your purchase meets all requirements. Please check for any exclusions or restrictions listed for the coupon on Zen Rewards’ website and on the Affiliate Merchant’s website.

Contests:

Zen Rewards, from time to time may offer contests for free items as additional incentives for its Associates. Listed below are the rules that apply to any and all contests promoted by Zen Rewards:

• Contestants must be associates in good standing and current with their account.

• Depending on the Zen Rewards contest, a purchase may or may not be necessary to enter or  

  win.

• Contests are open only to United States residents who are 18 years of age or older.

• Requests for substitutions of prizes will not be honored.

• All winners are solely responsible for any and all taxes and/or fees, and all such additional  

  costs that may be incurred including mailing and shipping fees.

• Zen Rewards will not be held responsible for defective products delivered to contest winners.

• Winners of contests will have 10 days from the date of their email notification to claim their 

   prize. After 10 days the prize is considered forfeited.

• In the case of a prize being no longer available, Zen Rewards reserves the right to substitute the 

   prize for a different prize of equal value.

 • Zen Rewards may alter contest rules at any time.

Payment Terms and Requirements:

Zen Rewards is responsible for maintaining and tracking members’ Cash Back and Bonuses. Cash Back earnings are calculated as the net sale amount (total sale adjusted for taxes, shipping and other fees) multiplied by the retailer's Cash Back percentage amount noted on Zen Rewards.

The Minimum Distribution Amount to be paid, once accumulated, is at least $10.00 USD.  Cash back rewards will be distributed to members and customers on average, by the 5th (fifth) day of each month. Balances below $10.00 USD will remain in your account for potential payment during the next payment period.

Zen Rewards will distribute, and members will receive applicable cashback payment by electing one or more of the available distribution options as shown in the Zen Rewards Mobile App or the on Zen Rewards Website. (insert payment options). Other payment options may be made available from time to time. Members may select to change their payment options in their account setting through our website. Please note that accrual amounts vary depending on the Affiliate Merchants’ policies and reporting schedules. Zen Rewards reserves the right to delay payment for any purchase based on its suspicion or detection of fraud with your account, mistakes of your cashback rewards, any anomalies detected by Zen Rewards with your account, or changes by Affiliate Merchant policies at any time. Zen Rewards also reserves the right to modify the payment schedule at any time. Zen Rewards is not responsible for payment errors made by payment partners. Certain distribution options are provided by licensed money transmitters (eg.PayPal, Inc.) (“Authorized Money Transmitters”) authorized by Zen Rewards to operate in connection with the platform and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitters (the “ Payment Provider Terms”). When you elect to distribute your rewards through an Authorized Money Transmitter, you further agree (i) that Zen Rewards is acting as your agent with respect to the payment processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, and such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time. A member's payable account balance must reach a minimum withdrawal amount listed next to each payment method in order to be eligible for payment. Members may accept these updated Terms and Conditions to request a PayPal or Direct Deposit payment on any verified balance of $10.00 or greater. Balances below $10.00 remain in your account for potential payment during the next payment period.

If there is a fee charged to Zen Rewards from the payment partner of your choice, then that fee will be charged and deducted from your cashback balance. 

Taxes:

Depending on your applicable federal, state and local tax laws, your Rewards distribution(s) may be subject to taxes.  You are solely responsible for any and all tax liability arising out of your receipt of Rewards and you agree to provide Zen Rewards with information requested in connection with such applicable tax laws. Additionally, you are solely responsible for any tax liability (including fees, penalties or fines) incurred by Zen Rewards as a result of your action or inaction in connection with the foregoing (including your failure to provide us with information).  You further agree that Zen Rewards is authorized to deduct such tax liability from your Rewards account.

Requirements and Eligibility for enrollment-Associate Members & Customers:
Must be age 18 or over to use our services and you must be at least 21 years old to redeem any and all offers or purchases associated with alcoholic beverages on our platform.

Individuals only (i.e. no attempts by automated machines/computers to accumulate Cash Back)

If you are using the Platform on behalf of an entity, organization, or company (collectively known as “Subscribing Organization”), you represent and warrant to us that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such Subscribing Organization. “You“ in this Agreement refers to your Subscribing Organization, and any individual authorized to use the Zen Rewards platform on behalf of the Subscribing Organization, including you.

Members have not previously been suspended, removed or deactivated from Zen Rewards

Valid and working email address owned by the member.

Member must provide a password to protect your account.

Provide your current and valid physical address.

Member must be a resident of the United States of America or Puerto Rico.

Single account member requirement (1 account per publisher person unless additional account authorized by Zen Rewards).

Cookies enabled at all times.

Establish and maintain an active account.

Not be listed on any U.S. Federal Department’s sanction’s designation.

Member agrees to provide additional information we may request to verify your identity as a condition for receiving payment.

Members are responsible for keeping their Zen Rewards account information current.

Company Standards:

By participating in Zen Rewards you are becoming a member of a community that depends on the goodwill and responsibility of each of our associates and customers. Both are required to refrain from transmission or communication of images or texts constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments or anything else that may be construed as harassing or offensive which is targeted at the Zen Rewards platform, the company, employees, contractors or agents, any or all Affiliate Stores or other members. This includes, but is not limited to, communications by means of social media or other internet posts that violate these Community Standards or promote or encourage gaming or fraudulent behavior. Anyone who violates this provision, as determined by us in our sole discretion, may have their access to Zen Rewards suspended or terminated without prior notice.

General Terms and Prohibited Conduct:

Members agree not to submit purchase information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purposes of seeking to redeem offers with Zen Rewards.

Members agree not to redeem, or attempt to redeem, Zen Rewards offers for products that have not actually been purchased and retained, or for products that have been purchased but have been returned to a store or online vendor, following their purchase(s).

Members agree not to extract information from Zen Rewards’ website or mobile applications for the purpose of using said information in conjunction with or for the behalf or benefit of another service, web or mobile application.

Members agree to refrain from publishing or passing on their personal membership information including their Member Identification Number on any public website, affiliate store or any other platform or manner for the purposes of creating rewards credits from people known or unknown to you.

Members agree not to make false or misleading statements or claims about or regarding any and all Zen Rewards compensation plan, rewards, bonuses, etc.

Members agree not to impersonate any person or entity, falsely claim an affiliation with any person or entity or access any Account(s) of others with written permission, forge another person’s digital signature, misrepresent the source, identity or content of information transmitted via Zen Rewards Platform, or perform any other similar fraudulent activity.

Infringe upon the copyright(s) or other proprietary rights of services or user content of Zen Rewards.

A Member may not assign or otherwise transfer the rights, benefits or obligations contained therein without the prior written authorization of Zen Rewards.

Zen Rewards is not responsible for any modifications made by retailer/Affiliate Merchant stores participating in the Cash Back program.

Zen Rewards protects your privacy and strongly suggests that you review our Privacy Policy.

Members agree not to defame, harass, threaten or defraud Zen Rewards or its users of the platform, or collect, or attempt to collect, personal information about users or third parties without their written consent.

Zen Rewards reserves the right to withhold payment of Cash Back rewards for suspected fraud, abuse of Affiliated Merchants or Zen Rewards website, use of email spam to promote referrals, or for creating multiple user profiles. If you feel your Cash Back rewards are being withheld in error, please contact us. Any fraud or abuse relating to earning or receipt of Cash Back rewards, or any misrepresentation of information furnished to Zen Rewards or its Affiliate Merchants by you or anyone acting on your behalf may result in the termination of your Zen Rewards account and forfeiture of Cash Back rewards.

The determination of whether or not a purchase qualifies for Cash Back is at the sole discretion of Zen Rewards. If an Affiliate Merchant fails to report a transaction to Zen Rewards or withholds payment to Zen Rewards, Zen Rewards reserves the right to cancel the Cash Back associated with that transaction. Zen Rewards is not responsible for lost or stolen payments, or for payments delivered to the wrong account number (as provided by the member).

Zen Rewards members are not permitted to use any paid promotional method for soliciting Cash Back sales through their Zen Rewards account or to earn referral bonuses. This includes, but is not limited to, PPC ads through networks such as Google AdWords or Bing AdCenter, Facebook Ads, Twitter Ads, email marketing, banner advertising, content/display ads, and retargeting. Any member in violation of this policy will have their account banned and will forfeit all Cash Back.

Participation in Zen Rewards does not create an employee, agent or joint venture relationship as such.

Any amendment or modification to this “Agreement” must be in writing and signed by an authorized officer of Zen Rewards. No other representations, oral or written shall apply to this Agreement.

Should any provisions for the basis for this “Agreement” be or become totally or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. 

In this contractual Agreement, unless the context otherwise requires, words imparting the singular include the plural and vice versa, and words imparting gender include all genders. Additionally, a reference to a “person” means a natural person, firm, partnership, company, corporation or other entity of any kind.

THE LAWS OF THE STATE OF TEXAS, USA, SHALL GOVERN THIS AGREEMENT. ANY DISPUTES ARISING OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BEFORE THE STATE OR FEDERAL COURTS IN HIDALGO COUNTY, TEXAS. Each Zen Rewards Member hereby irrevocably submits and accepts the original and exclusive Jurisdiction of such Courts. 

Each Member agrees to abide by all Federal, State and Municipal laws, rules and regulations applicable to activities in connection with the Zen Rewards platform, including without limitation, consumer protection law, advertising and promotion law, tax laws and regulations, and insurance law.

Associate Member Access Fee:

Joining Zen Rewards is free for both customers and Associates. There is no charge for Membership or for earning Cash Back.  However, Associates have a monthly fee of $11.99 to remain active and to have access to our state- of- the- art Business Control Center. -----------

----------------------------------------------------------------------...

Account Inactivity (Maintenance) Fees:

There are costs associated with the creation and maintenance of your Zen Rewards account which are covered by rewards both you and Zen Rewards earn when you redeem rewards offers from affiliated merchants.  If you have redeemed at least one reward offer or have qualified for a new associate or new customer bonus, during the prior 60 days, your account will not be assessed any account inactivity fee.  If, however, you do not redeem at least one offer or receive credit for a New Associate/Customer during any 60 day period, Zen Rewards will deduct from your Zen Rewards account. This account inactivity fee of $3.99 will be charged to your credit/debit card on a monthly basis.   No Account Inactivity Fee will be charged or deducted during the first full month after you initially register for a Zen Rewards account.  Zen Rewards will notify you before any fee is charged to your credit/debit card, or if the fee changes, by sending you an email to the email of record.  Zen Rewards will stop charging for this fee for 2 full months, if and when you redeem at least one rewards purchase or qualify for a new associate or new customer bonus. 

Rights of Ownership:

Zen Rewards has complete and total rights, titles and interest in the Zen Rewards platform, any and all properties of Zen Rewards Unlimited, LLC and all content belong to Zen Rewards or any of its licensors. Zen Rewards shall maintain all rights, titles and interests in the Zen Rewards name, the Zen Rewards logo and any other trademark or logo associated with it and its Affiliates. Any of Zen Rewards name, logos, etc. may not be used in connection with any product or service that is not Zen Rewards or in any manner that is likely to cause confusion among customers, or in any manner which disparages or discredits Zen Rewards or implies a partnership, sponsorship, or endorsement by us. All members that use Zen Rewards in any advertisement, text, extensions or banner ads hereby agree to abide by any and all General Terms and Prohibited Conduct as well as the Company Standards.

Disclosures:
Zen Rewards services are provided with no guarantee regarding price, terms, availability, quality or warranty. In addition to reviewing individual retailers’ privacy policies, users should also carefully review their refund and return policies before making any purchases. Zen Rewards does not accept payment for purchase made from other websites and therefore cannot provide refunds.

 Zen Rewards is not responsible or liable for any purchases made through participating retailer sites, nor is it required to provide support for such purchases. Complaints regarding any purchases should be directed to the retailer involved. Users of our services agree to not hold Zen Rewards responsible for any and all damages arising from the use of this service and its associated links.

Although Zen Rewards makes a significant effort to make sure published coupons and Cash Back rates are accurate, Zen Rewards is not responsible for inaccuracies in coupons or Cash Back rates other than to the extent explicitly stated.

Informal  Dispute Resolution:

To expedite resolution and control the cost of a dispute, controversy or claim that arises or is  related to this “Agreement”, please give us an opportunity to address your concerns first,   without a formal legal case.  Before filing a claim against Zen Rewards, you agree to try to resolve the dispute informally by submitting your dispute and request through our website. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this informal means, you or Zen Rewards may bring a formal proceeding: Binding Arbitration.

Dispute Resolution by Mandatory and Binding Arbitration: 

You and Zen Rewards agree to arbitrate any and all disputes, claims or controversies arising out of, in connection with, or relating to this Agreement, Zen Rewards business and any relationship with you including any claims that may arise after the termination of this Agreement. This Agreement to Arbitrate includes any claims against Zen Rewards employees, agents or subsidiaries of Zen Rewards. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrators decision is subject to limited reviews by the courts. All disputes concerning the arbitrability of a claim including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement shall be decided by the Arbitrator. The Arbitrator shall decide whether any claim is subject to Arbitration. You further agree that the U.S. Federal Arbitration Act and Federal Arbitration Law shall govern the interpretation and enforcement of this Agreement to arbitrate. Furthermore, you understand that absent of this provision, you would have the right to sue in court and have a jury trial.  The arbitration process may be conducted in person, through the submission of documents, by phone or online.

LIMITATION OF LIABILITY:

To the maximum extent permitted by applicable law, in no event shall Zen Rewards nor any other party involved in creating, producing, operating or delivering the Zen Rewards platform, be liable for any special, incidental, consequential, statutory, exemplary, punitive or other indirect damages whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not Zen Rewards or any and all of its entities have been informed of the possibility of such damage or for any loss of profits, loss of data or loss of use damages, even if it has been advised of the possibility of such damages or such damages result from (i) your access to or use of, or inability to access or use, the services or anything associated with your access to or use of, or inability to access or use the services, (ii), any purchase of a third party product or service based on information contained in the services, including the availability of a coupon, rebate or other type of discount or reward, or (iii) the conduct of third parties. You specifically acknowledge that Zen Rewards and/or any Zen Rewards entity are not liable for the defamatory, offensive or legal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Furthermore, Zen Rewards and/or any of its entities will have no liability to you or any third party content uploaded onto or downloaded from the Zen Rewards website or through the Zen Rewards platform. To the maximum extent by applicable law, you agree that Zen Rewards and/or any of its entities maximum aggregate liability to you for any and all claims arising out of this agreement will not exceed one hundred ($100) U.S. dollars or the maximum cashback you received in the last three months from the date of acceptance of these terms, whichever is greater.  These limitations of damages shall apply to any and all liabilities or causes of action however alleged or arising, including but not limited to negligence, breach of contract or any other claim whether in tort, contract or equity. Some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances. Some of the above limitations shall not apply to you. Each of these provisions is severable and independent of all other provisions of the “Agreement.” The limitations in this section will apply even if limited remedy fails of its essential purpose and the element for the basis of bargaining between the parties.

WARRANTY DISCLAIMER AND CLAIMS:

The Zen Rewards platform, any content and company activities are provided “as-is” and without warranty of any kind, expressed or implied, including without limitation, warranties of title, merchant ability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, completeness, reliability or validity of the promotions, content or the company activities including, without limitation, any product search results, product description, product availability, pricing information advice, opinion, statement, recommendations, reviews or other information displayed, uploaded or distributed in connection with any activity. Zen Rewards does not warrant that the functionality of the company’s activities will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful components. Furthermore, Zen Rewards does not warrant, guarantee or make any representations regarding the quality or accuracy or advertisements for any products or services offered or provided by any Affiliate Merchants in conjunction with our platform. Rewards are provided solely by Zen Rewards and not provided by any other third party including but not limited to Zen Rewards Merchant partners.  By accepting this “Agreement” you agree not to seek rewards or make any claims for rewards against third party providers, merchants or manufacturers of products and services. Furthermore, you agree that Zen Rewards may transfer and/or assign its rights and obligations under this ”Agreement” at any time.

Class Action Waiver, No Class Actions: 

You and Zen Rewards also agree that each is giving up the right to a jury trial and that each may bring claims against the other only in your or its individual capacities, and not as a plaintiff or class member in any purported class action lawsuit or representative proceeding, consolidated action, or private Attorney General action. This means that neither you nor Zen Rewards can seek to assert class or representative claims against each other in court or in arbitration and no relief can be awarded on a class or representative basis.  The arbitrator may also not consolidate or join together another person’s claim with your claim or issue and order that would achieve the same result. You and Zen Rewards further agree that if the provisions of this paragraph known as Class Action Waiver, No Class Actions are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.  To the extent possible under local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The rules are available online at www.jamsadr.com.  The arbitrator is bound by the terms of this “Agreement.” If your claim in arbitration is sustained and is for less than $10,000, Zen Rewards will reimburse you and the arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Hidalgo County, Texas. Furthermore, you agree that if we make any future change(s) to this arbitration provision, you may reject any change(s) by sending us written notice within (30) thirty days of the change(s) to Zen Rewards Unlimited, LLC dba Zen Rewards, 702 West Interstate 2, Suite G, Pharr, Texas 78577 attn: Legal Department. Should you decide to reject the change(s) in the new arbitration provision, it does not affect any prior arbitration provisions to which you have already agreed and which would still remain in effect. This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending us a written and signed notice to Zen Rewards Unlimited, LLC dba Zen Rewards 702 West Interstate 2, Suite G, Pharr, Texas 78577, Attn: Legal Department and within (30) thirty calendar days of enrolling as an associate or customer or accessing any of Zen Rewards for the first time. Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. 

Location Data and Consent to Electronic Communications: 

Some features of the Zen Rewards platform enable us to tailor your experience in the platform based on your location. If you decline to provide location information, or if, in our judgement, we cannot verify your location, you will be unable to utilize some features of the platform. By using the Zen Rewards platform, you consent to receive certain electronic communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Additionally, you agree that we may communicate with you via SMS/text message. By providing us with your contact information, you agree that we may contact you at the address, email, phone number, or other contact information provided to us.  Please read our Privacy Policy to learn more about our communication practices.

Consent to Communications:
By providing us with your email address, members agree to receive all communications and notices electronically. This includes, but not limited to, communication regarding account membership, shopping related deals, coupons, special offers for members, marketing, promotional messages, and other information. Other information includes information we are required to provide by law. Communication will be from the information provided to us when using the site. Members are required to keep their account contact information, including email address, current. Communication will be in the form of electronic mail (e-mail), written mail, text (standard message rates apply and carriers are not responsible for lost messages), push notifications, or by posting and making available on the website. Any communication we make will be considered made when the transmission is posted by us. You may opt out of receiving certain communications sent to you by requesting it through our privacy policy.

Advertiser Disclosure:
Zen Rewards partners with a variety of affiliated merchants to offer you the latest money-saving opportunities. When you follow a link on Zen Rewards to visit a store, Zen Rewards may earn a commission on purchases made during that store visit. We then share the majority of our earned commission with you, our associated and customers, as Cash Back.

Breach by Associate or Customer:

You acknowledge that the rights granted and obligations made hereunder to Zen Rewards  are of a unique and irreplaceable nature, the loss of which will irreparably harm Zen Rewards  and which cannot be replaced by monetary damages alone, so that Zen Rewards will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

Termination and Escheatment: 

Zen Rewards in its sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of its platform or any function, feature or other component of its platform. You agree that Zen Rewards will not be liable to you or any third party for modification, suspension or termination of its platform or your access to any of its components. If you are dissatisfied with any aspect of and at any time, your sole and exclusive remedy is to cease participating in Zen Rewards by terminating your account. Upon any termination, your right to use and access the platform and any other aspect associated with Zen Rewards, and to receive cashback and other rewards will terminate. Termination will not prejudice either you or our remedies at law or equity.  

Escheatment: Property that is presumed abandoned under applicable state law may, under certain circumstances escheat to the applicable State Department of Revenue after a certain amount of time, typically three to five years, as determined by the applicable laws in the State in which you reside or your last known state of residence. Upon accepting this agreement, you agree and accept that any amounts which remain in your Zen Rewards account after such statutory period will be reported to your State of residence as unclaimed property. Zen Rewards may be required to escheat (transfer) any funds remaining in your account to your last known state of residence. Zen Rewards shall have no liability to you, your respective heirs, legal representatives, successors and assigns, or any other party should any or all of the remaining funds in your account escheat by operation of law.

Use of Zen Rewards Website and Platform:
This Platform is for personal associate members’ business use only. The Website is for use by associate members and customers only.No person or organization may use, or reproduce in any form, any part of Zen Rewards for commercial purposes without prior written consent. Any reproduction, duplication, distribution, publication, modification, or transmission of material from this site is strictly prohibited. Material covered by this prohibition includes, but is not limited to, any text, graphics, logos, photographs.

 Entire Agreement:

The Terms and Conditions of Use “Agreement” constitutes the entire agreement between you and Zen Rewards and governs your use of Zen Rewards or any portion of the Zen Rewards Platform and supersedes any prior agreements between you and Zen Rewards. This includes, without limitation, earlier versions of this “Agreement” that may have been accepted by you. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral, or in advertising are not binding toward Zen Rewards unless expressly confirmed in writing by Zen Rewards to you.  You may also be subject to additional terms of use and conditions that may apply when you use or purchase certain other services from Zen Rewards, any Affiliates, third party content or third party software.

Choice of Law and Venue: 

The validity, construction and interpretation of this Agreement and the relationship between You and Zen Rewards, including the rights and duties of the parties, will be governed by the laws of the State of Texas in the United States without regard to its conflict of law provisions.  This shall not limit the protection afforded to you by the provisions that cannot be derogated from by agreement, by virtue of applicable law. The exclusive venue or issue arising out of this Agreement shall be held in Hidalgo County, Texas. 

Waiver and Severability of Terms and Conditions:

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. If any provision of this “Agreement” is held to be invalid, such invalidity shall not affect the remaining provisions, accept as otherwise stated. 

Assignment:

You may not assign, transfer, or otherwise dispose of your rights and obligations under this “Agreement,” in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Zen Rewards has the right to transfer, assign or otherwise dispose of this “Agreement” without your consent. 

Contact Zen Rewards:
Any questions or concerns regarding this “Agreement” should be submitted using our information page or by emailing us at [email protected].

BY CLICKING THE “I ACCEPT” BUTTON, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS OF USE INCLUDING THE DISPUTE RESOLUTION BY MANDATORY AND BINDING ARBITRATION POLICY.

Contact Zen Rewards:
Any questions or concerns regarding this “Agreement” should be submitted using our information page or by emailing us at [email protected].