Welcome to Get n Goods’ website (“Website”), owned and operated by Get n Goods ("Get n Goods"). Please review these Terms and Conditions (“Terms”) closely and maintain a copy for your records, as they govern your access to and use of the Website.

By accessing and using the Website, including your participation in any promotion on the Website, whether offered by Get n Goods or one of our third-party partners (“Website Promotions”), you agree to accept these Terms, as well as the Website’s Privacy Policy and any additional terms on the Website. If you do not agree to and accept these Terms or the Website’s Privacy Policy, please do not use or visit the Website, or participate in any of the Website Promotions. We reserve the right to modify these Terms at any time in our sole discretion. Any material changes to these Terms will be posted on the Website and shall be binding thirty (30) days after the date of posting. No provision of these Terms or modifications thereof shall create any rights in or benefits to any third party.

MANDATORY ARBITRATION & WAIVER OF RIGHT TO CLASS ACTION

These Terms contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, related parties, advertisers, including telemarketing partners, and persons with whom we share your personal information where you have given us your consent to do so (“Marketing Partners”), all of whom are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims that you may have regarding any telemarketing or SMS/text messages that you receive from us or our Marketing Partners are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on the Website, sent to Get n Goods at 760 Route 46 West #1090 Parsippany, NJ 07054 or info@getngoods.com; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.

For the avoidance of doubt and without limiting the foregoing, you agree to arbitrate any dispute related to any emails, text messages or telephone calls you may receive from us or our Marketing Partners in conjunction with your interactions with us, our Website, or any Website Promotions.

HOW THE REWARDS PROGRAM WORKS

To qualify for and claim a Reward, you must be a U.S. resident 18 years of age or older and:

Register. While on the site, you will be asked to provide registration information, including your name, residential address, phone number and email. Be sure to provide true, accurate, current and complete information during registration and to update your registration information as necessary. Having accurate information on file with us will make getting your reward confirmed and delivered much easier and quicker.

Complete Deals. IN ORDER TO RECEIVE YOUR REWARD, YOU MUST COMPLETE THE REQUIRED NUMBER OF DEALS FOR YOUR REWARD, SOME OF WHICH MAY REQUIRE A PURCHASE OR PAID SUBSCRIPTION. A “Deal” is a product or service offered by one of our Marketing Partners. You get credit for a Deal by completing certain steps, such as signing up for a subscription or downloading an app. The specific requirements necessary to receive credit for a Deal, including any purchase requirement, are included in the adjacent text boxes that appear when you click on Deals. Deals must be completed within 60 days of registration on the Website. A “Reward” is a gift card or other product that you may receive if you complete the required number of Deals. The number of Deals you’ll need to complete is based on the Reward amount shown when you completed your first Deal. That first Deal locks in your Reward amount tier—even if you view or register for a different Reward amount before or after completing your first Deal. YOU ARE ONLY ELIGIBLE FOR ONE REWARD OF ANY VALUE PER CALENDAR YEAR.

Below is the number of deals required for each value:

$100 – $249 Reward: Complete 6 Deals

$250 – $499 Reward: Complete 10 Deals

$500 – $749 Reward: Complete 15 Deals

$750 – $1,000 Reward: Complete 20 Deals

Importantly, to be credited with a completion of a Deal, you must do the following:

Access the Deal through the Website.

Complete the requirements for the Deal, which are included in the text box when you click on the Deal.

Use the same information for completing the Deal as you did during the registration process.

Not have a third party, such as a friend or family member, complete the Deal for you.

Be a new user for the product, service or app offered by the Deal.

Not engage in any activity that is in violation of these Terms.

For a Deal that requires a subscription or purchase, our Marketing Partner must be able to successfully bill your payment method for the number of times specified in the Deal’s terms to receive the credit. Many Marketing Partners will not accept prepaid cards to complete Deals or give credit for a cancellation prior to the stated trial period. For Deals that involve apps, in nearly all cases, it must be the first time you’ve installed the app on your device, you must be a new user of the app, and you may need to reach a certain level to get credit as specified in the Deal terms.

Claim the Reward. Once you have completed the required number of Deals to qualify for the Reward, you will receive an email from Get n Goods with information on how to claim your Reward. You must follow the directions in the email and promptly complete the Rewards claim process, which simply requires that you confirm the information you previously provided and provide proof of identity, such as a government-issued ID. If you do not receive the email or have questions about the claim process, including the status of your claim, please contact us at info@getngoods.com. Once you start the Rewards claim process, you must complete it within thirty (30) days. Importantly, once you start the Rewards claim process, you cannot change the Reward value requested.

Note that some Deals may require verification, such as proof of completion, to confirm that you completed the Deal. Please keep all receipts, confirmation emails and other documentation should we require proof from you of a successfully completed Deal.

We reserve the right to substitute a Reward of equal or greater value if the Reward you earned is unavailable for any reason.

SURVEY QUESTIONS AND OPTIONAL OFFERS ON THE WEBSITE

While on the Website, you may be presented with survey questions and optional marketing offers from our Marketing Partners. Completion of survey questions or optional offers are not required to earn a Reward, nor do they count towards your Reward requirements either.

Survey Questions. The Website includes numerous survey questions to ascertain your interest in products and services. If you do not wish to respond to survey questions, please select the “skip” or “not interested” button (or any similar button on the question). To the extent that you elect to respond to survey questions and also consent to telemarketing or email marketing, information concerning your response to the survey questions may be shared with the Marketing Partners named in the consent.

Optional Offers. The Website may contain Optional Offers from our Marketing Partners. These offers are typically marked as “Optional”, “Sponsored,” or something similar and they appear before the Deals eligible to get credit towards your Reward.

FRAUDULENT ACTIVITY & SECURITY

Fraud and abuse relating to access to and use of the Website is strictly prohibited. In accessing the Website or participating in any Website Promotion, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rules or regulations, or contrary to these Terms, and (c) you will not circumvent any provision in these Terms or a security feature on the Website or engage in any activity that interrupts or attempts to interrupt the operation of the Website. Engaging in fraudulent or abusive conduct shall subject you to sanctions as determined in our sole and absolute discretion, which may be imposed without prior notice, including without limitation: (1) account termination and access to the Website blocked; (2) all Deals completed by you will be invalidated and you will not be eligible for a Reward; and (3) any Rewards already received by you shall be subject to disgorgement and recoupment. We will use commercially reasonable efforts to notify you of any such determination, but failure to provide notice shall not affect our right to impose any of the foregoing sanctions. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE AND WEBSITE PROMOTIONS IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED.

We may view, monitor, and record activity on this Website for purposes of fraud prevention, security, and enforcement of these Terms, as described in our Privacy Policy. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Website. We will comply with all court orders involving requests for such information.

INTELLECTUAL PROPERTY RIGHTS

The Website and its content ("Content") are owned, trademarked, and copyrighted by us with all rights reserved, except for third party trademarks, logos or service marks which may appear on our Websites. Your use of any Content without written permission from us is prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable, and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms. By submitting any content to us, you grant us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed.

PRIVACY

See our Privacy Policy, which is incorporated herein by reference, for more information concerning our collection and use of your personal information, the security of your personal information, and how to exercise your privacy rights. This Website is part of a family of websites operated by our parent company (the “Family of Sites”). As described in our Privacy Policy, we use cookies and internal identifiers to recognize you across the Family of Sites, which means that information you provide on this Website may be linked to your activity on other websites in the Family of Sites to streamline your experience. Your use of this Website constitutes your acknowledgment of these cross-site data practices as described in the Privacy Policy. To the extent required by applicable state or federal privacy laws, you may opt out of cross-site tracking, targeted advertising, or the sale or sharing of your personal information by following the instructions in our Privacy Policy.

PUBLICITY

Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquiries, will be treated as non-confidential and non-proprietary. Your acceptance of a Reward from or through the Website shall, unless prohibited by law, constitute a grant to us of all rights to print, publish, broadcast or use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, and likeness for promotional purposes without additional compensation and without additional consent from you.

INDEMNIFICATION

By using the Website, you agree to defend, indemnify, and hold us, our parents, subsidiaries, and related parties, and each of their respective members, officers, directors, employees, agents, and other partners, harmless against any demands, claims or actions arising out of or as a result of (1) your access to or use of the Website or Website Promotions, (2) your breach or violation of these Terms, (3) your violation of any rights including, but not limited to, intellectual property rights, or (4) any deceptive, threatening, libelous, obscene, harassing, or offensive material contained in any of your email communications or other submissions to the Website.

DISCLAIMER OF WARRANTIES

The Website and Website Promotions are subject to change and are provided to you “as is” without any warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or noninfringement. We make no warranty that the activity and content relating to the Website or Website Promotions will (1) meet your requirements, (2) be uninterrupted, timely, secure, or error-free, or (3) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Website or Website Promotions.

LIMITATION OF LIABILITY

To the maximum extent allowed by applicable law, we will not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the Terms, the Website, or any Website Promotion, no matter how caused. In no event will our total cumulative liability to any user exceed an amount equal to the greater of (1) the value of the Reward for which the consumer has registered, (2) $1,000, or (3) the actual dollar amount the consumer spent on Deals.

GOVERNING LAW

You agree that these Terms constitute the agreement between you and us, and that New York law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of New York. You expressly waive any defense or objection to venue or personal jurisdiction.

BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. Should a dispute arise concerning the Website, Website Promotions, Content, these Terms or the breach of same by any party hereto, including our Marketing Partners: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then-current Commercial Arbitration rules of the American Arbitration Association, unless the parties mutually agree upon an alternative arbitration organization; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us by contacting us at info@getngoods.com. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association in your county of residence, unless the parties mutually agree upon an alternative arbitration organization, by filing a separate Demand for Arbitration by contacting us at info@getngoods.com.

The parties agree that the arbitrator shall not consolidate more than one person’s claims and shall not otherwise preside over any form of a representative or class proceeding. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Get n Goods and/or its employees, officers, directors, members, representatives and/or assigns, and its Marketing Partners as it relates to the Website. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the reasonable attorney’s fees and court costs that Get n Goods and Marketing Partners incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first register on the Website, sent to Get n Goods at 760 Route 46 West #1090 Parsippany, NJ 07054 or info@getngoods.com.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND OUR MARKETING PARTNERS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THIRD PARTY WEBSITES

The Website, Website Promotions, Content, emails or other transmissions may contain links to Websites owned or operated by third-party Marketing Partners. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such Websites and disclaim any responsibility relating to such Websites. Neither do we endorse the content, or any products or services available, on such Websites.

GENERAL PROVISIONS

These Terms constitute the entire agreement between you and us in connection with your use of the Website and Website Promotions and supersedes all prior agreements between the parties regarding the subject matter contained herein.

If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms will act as a waiver of such rights. If you violate these Terms, or otherwise create legal exposure or risk for us, we will stop providing all or part of the Website and Website Promotions to you. You may be notified by email or at the next time you attempt to access your account, or your access may be stopped without notice. If you delete your account, all access to the Website and Website Promotions will be terminated, including any current Rewards Program in which you have participated.

The following sections shall survive any termination or expiration of these Terms or your use of the Website: Mandatory Arbitration & Waiver of Right to Class Action, Fraudulent Activity & Security, Intellectual Property Rights, Privacy, Indemnification, Disclaimer of Warranties, Limitation of Liability, Governing Law, Binding Arbitration Agreement and Class Action Waiver, and General Provisions.

ELECTRONIC SIGNATURE

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS CONTAINED HEREIN AND THEREIN. THESE TERMS SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THESE TERMS TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.

CONTACT INFORMATION

The Website is owned and operated by:

Get n Goods

760 Route 46 West #1090 Parsippany, NJ 07054

info@getngoods.com