Effective Date: January 1, 2019
These Terms of Service (the “Terms”) govern your access to and use of the mobile and internet-based services offered by Inspired Member Inc. (“Inspired”, “we” or “us”) at and through the website Inspired.com (the “Website”) and through mobile applications (such services, applications and the website are collectively referred to as the “Platform”).
PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INSPIRED WHICH GOVERNS YOUR USE OF THE PLATFORM. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE TERMS. BY VISITING OR USING THE WEBSITE OR PLATFORM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE PLATFORM.
1. Your Account and Use of the Service
In order to access and use the Platform, you must create an account with us. You must provide accurate and complete registration information in order to use the Platform. You are responsible for using the Platform in a private and secure manner. We are not liable for any damage or loss due to unauthorized account access resulting from your actions. If you become aware of any unauthorized use of your password or your account, you agree to notify us immediately at email@example.com. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not provide this information or Inspired cannot verify your identity, we can refuse to allow you to use the Platform. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Platform. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Platform by displaying links to notices generally on the Website, to that e-mail address. You agree that you control and limit access to the e-mail account. If your email address changes, you are responsible for notifying us of that change and updating us with your current e-mail address.
By using the Platform, you represent and warrant that all information that you provide to us is truthful, accurate, current, and complete, and that you intend to use the Platform only for lawful purposes. You agree not to misrepresent your identity to us, and to promptly notify us of changes to your user information.
Inspired may modify these Terms from time to time. Any and all changes to these Terms will be posted on the Website. These Terms will always indicate the date they were last revised. When you use the Platform after those changes are posted, you are deemed to have accepted the new Terms and agree to be bound by any changes to the Terms.
2. Privacy and your Personal Information
3. Account Information from Third Party Sites
Users may direct Inspired to retrieve their transaction-related information maintained online by third parties with which they have a relationship, maintain an account, or engage in financial transactions (“Account Information”), for example, a bank. Inspired works with one or more online service providers to access this Account Information. Inspired cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Inspired cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Platform at any time.
INSPIRED DOES NOT HOLD OR HAVE ACCESS TO OR ANY CONTROL OVER ANY ACCOUNT ESTABLISHED FOR THE PURPOSE OF HOLDING OR MAINTAINING YOUR FUNDS CONSTRUCTIVELY OR OTHERWISE.
4. Qualifying Transactions
Inspired needs to protect the program for all users by ensuring that donations are sparked for legitimate consumer transactions. Inspired maintains the right to review the accrual of donations and to determine, in Inspired’s absolute discretion, if certain transactions qualify for donations. Certain spending including, but not limited to, bank fees, cash advance, interest charges, account transfers, credits, ACH debit transfers, may not, at Inspired’s absolute discretion, be considered Qualifying Transactions and may be ineligible for Inspired donations. Inspired may reverse donation accruals that have already been processed if a transaction is deemed by Inspired, upon review, to not constitute a Qualifying Transaction. Inspired may also disable accounts that engage in repeated non-Qualifying Transaction activity.
5. Your Use of the Platform
Your right to access and use the Platform is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Platform for lawful purposes. Accurate records enable Inspired to provide the Platform to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “link card” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Platform to function effectively, you must also keep your Registration Information and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Platform will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Platform.
Your access and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that Inspired, in its sole discretion, may elect to take. In no event will Inspired be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Platform, including any associated software or other materials supplied in connection with such services, shall be for Inspired to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Inspired may include new and/or updated pre-release features and trial use (“Preview” features) within the Platform for your use and which permit you to provide feedback. You understand and agree that your use of Preview features is voluntary and Inspired is not obligated to provide you with any Preview features. Furthermore, if you decide to use the Preview features you agree to abide by any rules or restrictions Inspired may place on them. You understand that once you use the Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Preview feature back to the earlier version. The Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Preview features is at your sole risk.
6. Use with Your Mobile Device
Use of the Platform may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Inspired MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
7. Online and Mobile Alerts
Inspired may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Platform. They may then be customized, deactivated or reactivated by you. Inspired may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. Inspired may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Inspired shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. Electronic alerts will be sent to the email address you have provided as your primary email address for the Platform. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Electronic alerts will also be sent via push notification. Because alerts are not encrypted, we will never include your passcode or sensitive account information, however, anyone with access to your e-mail or mobile device will be able to view the content of these alerts.
8. Inspired Intellectual Property Rights
The contents of the Platform, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States, and other applicable copyright, trademark and other laws. The contents of the Platform belong or are licensed to Inspired or its software or content suppliers. Inspired grants you the right to view and use the Platform subject to these terms. You may download or print a copy of information for the Platform for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Platform in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Platform or content in a manner that violates any applicable law, regulation or this Agreement. Systematic retrieval or data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory, without or express, prior, and written permission, is prohibited.
9. User Conduct
You may not use the Platform for illegal or unlawful or malicious activities, or for activities that we deem improper, for any reason whatsoever, in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, and harassment or disparagement of any user of the Platform. Your use of the Platform and account is conditioned in part on your compliance with these Terms, and your failure to comply herewith may result in termination of your access to and use of the Platform and account, as well as liability for damages caused by your noncompliance.
In addition to the foregoing, while using the Platform, you may not, except as may be expressly set forth herein, (a) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (b) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (c) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Platform ; (d) “frame” or “mirror” any portion of the Platform; (e) use any robot, spider, site search or retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Platform; (f) harvest or collect information about or from other users of the Platform; (g) probe, scan or test the vulnerability of the Platform, breach the security or authentication measures on the Platform, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform, such as a denial-of-service attack; (h) send or otherwise post unauthorized commercial communications (such as spam); (i) access or use any portion of the Platform if you are a direct or indirect competitor of Inspired, or provide, disclose or transmit any portion of the Platform to any direct or indirect competitor of Inspired; or (j) facilitate or encourage any violations of this Section.
10. Social Media Sites
11. Links to Other Sites
The Platform and Website may contain links to other independent third-party websites (the “Linked Sites”). Linked Sites are not under our control, and we are not responsible for and do not endorse the content of Linked Sites, including any products, information or materials contained on Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites. Some of the Linked Sites may constitute merchant sites, and sales through such merchant sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Linked sites, other third-party websites, or websites linking to the Platform. You should review the applicable terms and policies, including those pertaining to privacy and data gathering practices, of all websites that you visit, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
12. Disclaimer of Representations and Warranties
THE WEBSITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE PLATFORM OR PROVIDED THROUGH THE PLATFORM (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INSPIRED, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER INSPIRED OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INSPIRED OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
13. Your Indemnification of Inspired
You agree to indemnify and hold harmless Inspired and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to reasonable legal fees, in whole or in part arising out of or attributable to your breach of this Agreement, the Website or your use of the Platform.
14. Closing your Inspired Membership
This Agreement will continue to apply until terminated by either you or Inspired as set out below. If you want to terminate your legal agreement with Inspired, you may do so as follows by closing your account for Inspired by emailing firstname.lastname@example.org to request that your membership account be closed. Upon review and completion by an Inspired team member, your profile will be closed and your ability to access the Platform will be deactivated. Your linked card(s) and associated account(s) will be disabled from the Platform. Closing your Inspired Membership will not remove records of past transactions or delete information stored in our data backups and archives, as required by law. Data on past transactions and data stored in backups and archives will be deleted in the normal course of Inspired’s business.
Inspired may at any time, terminate its legal agreement with you and access to the Platform:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if Inspired in its sole discretion believes it is required to do so by law (for example, where the provision of the Platform to you is, or becomes, unlawful); or
c. for any reason and at any time with notice to you.
You acknowledge and agree that Inspired may immediately deactivate your account and all related information and files in your account and/or prohibit any further access to all files and the Platform by you. Further, you agree that Inspired shall not be liable to you or any third party for any termination of your access to the Platform.
Inspired reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform with or without notice. If you do not agree to the changes after receiving a notice of the change to the Platform, you may stop using the Platform. Your use of the Platform, after you are notified of any change(s) will constitute your agreement to such change(s).Inspired may modify this Agreement from time to time. Changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Platform). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Platform after those changes are posted.
16. Governing Law and Forum for Disputes
These Terms, and your relationship with Inspired under these Terms, shall be governed by the laws in effect in the State of California, without regard to its conflict or choice of laws provisions. Any dispute with Inspired, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the courts within the State of California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Inspired may seek such relief in any court with competent jurisdiction over the parties. You understand that, in return for agreement to this provision, Inspired is able to offer the Platform at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms.
If any portion of these Terms is deemed invalid, unlawful, void or for any reason unenforceable by any arbitrator or court of competent jurisdiction, these Terms, as a whole, shall not be deemed unlawful, void or unenforceable; rather, only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms, and that portion deemed invalid, unlawful, void, or unenforceable shall not affect the validity and enforceability of any remaining provisions.
18. Waiver, Survival, and Other Agreements
You agree that our failure to enforce any legal right or remedy provided by these Terms do not constitute a formal waiver of our rights or remedies and that those rights or remedies will still be available.
Any covenant, agreement, representation or warranty made in these Terms expressly indicated as surviving the termination of our relationship with you shall survive the termination of these Terms.
These Terms represent the entire understanding and agreement between you and Inspired regarding the Website and Platform, and supersede all other previous agreements, including any prior version of these Terms.
For questions related to these Terms, or for questions related to the Website and Platform please contact us at: 800-205-9347, email@example.com or P.O. Box 31 Manhattan Beach, CA 90267