Last revised April 12, 2018
Please read these Terms carefully. These Terms state the terms and conditions under which you may use the Platform and/or the Services. By signing up, accessing and/or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access the Platform.
THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS DEFINED BELOW) VIA THE AUTOMATED CLEARINGHOUSE NETWORK (“ACH”) AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
1. License to Use the Platform
Subject to the terms and conditions set forth herein, Tip Yourself hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the Platform solely for your own personal use. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not, and may not allow any third party to, decode, decrypt, disassemble, decompile, reverse engineer, reproduce, or in any way derive source code from any portion of the Platform by any means (“Reverse Engineering”). If, however, directly applicable law prohibits enforcement of the preceding sentence, you may only engage in such Reverse Engineering to the extent expressly permitted by applicable law and only to the extent agreed to in writing by Tip Yourself.
2. Ownership Of The Platform
All pages within the Platform and any material made available for download are the property of Tip Yourself, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The Contents of the Platform, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Tip Yourself. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Tip Yourself without our express written consent.
3. Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. Tip Yourself will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform.
You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
4. Accuracy and Integrity of Information
Although Tip Yourself attempts to ensure the integrity and accurateness of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Tip Yourself so that it can be corrected. Information contained on the Platform may be changed or updated without notice. Additionally, Tip Yourself shall have no responsibility or liability for information or Content posted to the Platform from any non-Company affiliated third party.
5. User Requirements
For our compliance purposes and in order to provide services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm the information and documentation that will allow us to identify you, such as:
By using the Services and providing user information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases that may be necessary to provide the services. We make no effort to review such information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you.
6. Electronic Signatures and Communications
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at (872) 216-2612 or [email protected] If you withdraw your consent to receive Communications electronically, we will close your Tip Yourself Account and return any existing balance to your bank account and you will no longer be able to use the Tip Yourself Service. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and if applicable your mobile device number by updating your profile information in the Tip Yourself mobile app.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
7. Online Transfers; Interest
You may not use the funds in your Tip Yourself account to make purchases, transfer funds to third parties, or for any other purpose other than to withdraw such funds to your bank account. You are solely responsible for determining whether the funds debited from your bank account and the funds maintained in your Tip Yourself account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your bank account.
Tip Yourself is not a financial adviser, and the services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your bank account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guaranties of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
You represent and warrant that if you are making online transfers that (i) any credit card, debit card and bank account information you supply is true, correct and complete, and (ii) you are the person in whose name the bank account is registered and you are authorized to make such transactions with the relevant information.
8. Export Policy and Restrictions
You acknowledge that the Content which is licensed on the Platform, which may include technology and software, is subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Content is received. By downloading or using technology or software from the Platform, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. You shall indemnify and hold harmless Tip Yourself from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, anti-boycott, or economic sanctions laws and regulations.
9. Anti-Money Laundering Compliance.
Given the nature of the Tip Yourself’s business, you should note that Tip Yourself adheres to applicable laws regarding anti-money laundering (“AML”). Specifically, Tip Yourself: (i) complies with AML laws and regulations applicable to its performance of this Agreement; and (ii) has established and maintained an AML compliance program. This compliance may result in sharing of your data with applicable governmental entities for regulatory and compliance reasons.
10. Links to Other Sites
Tip Yourself makes no representations whatsoever about any other website that you may access through this Platform. When you access a non-Tip Yourself site, please understand that it is independent from Tip Yourself, and that Tip Yourself has no control over the content on that website. In addition, a link to a non-Tip Yourself website does not mean that Tip Yourself endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Platform, you do this entirely at your own risk.
11. Authorization for Automated Clearing House (ACH) Debits and Credits
You agree to be bound by the National Automated Clearing House Association operating rules and any applicable local ACH operating rules.
By agreeing to these Terms, you authorize Tip Yourself to electronically debit and credit your designated deposit account at your designated depository financial institution (your “Bank Account”) via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:
You also acknowledge that the amount and frequency of the foregoing debits and credits may vary and that you waive your right to receive prior notice of the amount and date of each debit and credit.
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Tip Yourself that you wish to revoke this authorization by emailing [email protected]. You must notify Tip Yourself at least three Business Days (as defined below) before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three Business Days (as defined below) before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Tip Yourself Account and return the balance in your Tip Yourself Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Tip Yourself Account or the Services, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser and or mobile device is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.
ACH Processor Terms of Service
12. User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Tip Yourself that you have the legal right and authorization to provide all User Generated Content to Tip Yourself for the purposes and Tip Yourself's use as set forth herein. Tip Yourself shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however Tip Yourself desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Tip Yourself is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Tip Yourself does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Platform. You grant Tip Yourself the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Tip Yourself and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Tip Yourself harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Tip Yourself arising out of any User Generated Content you post or allow to be posted to the Platform.
13. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Tip Yourself respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Tip Yourself's designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Platform
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice complying with the following requirements.
"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Tip Yourself co
222 W Merchandise Mart Plaza #1212
Chicago, IL 60654
14. Disclaimer of Warranties
TIP YOURSELF DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PLATFORM-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TIP YOURSELF DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. TIP YOURSELF DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY TIP YOURSELF ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
15. Limitation of Liability Regarding Use of Site
TIP YOURSELF AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TIP YOURSELF TO YOU WITH RESPECT TO YOUR USE OF THIS PLATFORM IS $500 (FIVE HUNDRED DOLLARS).
16. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Platform, including products and services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
As used in this Section, “Tip Yourself,” “we,” and “us” mean Tip Yourself and its subsidiaries, affiliates, predecessors, successors, and assigns, and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms if such third party is named as a co-party with Tip Yourself in any Dispute (as defined below) subject to this Section.
You and Tip Yourself agree that to the maximum extent permitted by applicable law, any dispute, claim, controversy, or cause of action arising out of or relating in any way to the Services or your use of, or products and services ordered or purchased through, the Platform (collectively “Disputes”), including the interpretation and scope of this Section and the arbitrability of any such Dispute, shall be resolved exclusively through binding and confidential arbitration instead of in courts of general jurisdiction. Notwithstanding the preceding sentence, Disputes that may be filed in small claims court are not required to be resolved through arbitration under this Section. Additionally, notwithstanding the agreement to arbitrate included in this Section, you and we may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in either Chicago, Illinois, or the county, parish, or federal district of your billing address in order to maintain the status quo pending arbitration, and you and we hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose. A request for such emergency equitable relief or interim measures will not be deemed a waiver of the obligation to arbitrate.
If you desire to assert a claim or otherwise settle an unresolved Dispute against Tip Yourself, and you therefore elect to seek arbitration, you must first send to Tip Yourself, by certified mail, a written notice of the Dispute ("Notice"). The Notice to Tip Yourself should be addressed to: Tip Yourself Co., 222 W Merchandise Mart Plaza #1212, Chicago, IL 60654 ("Notice Address"). If Tip Yourself desires to assert a claim or otherwise settle an unresolved Dispute against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Tip Yourself, must (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought ("Demand"). If Tip Yourself and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or Tip Yourself may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association (“AAA”) at www.adr.org.
YOU AND TIP YOURSELF AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tip Yourself agree otherwise, the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Dispute. The arbitrator will honor claims of privilege and privacy recognized at law, and the arbitration will be confidential to the maximum extent permitted by law, including without limitation that you and Tip Yourself agree that neither party may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award.
17. Revisions; General