All of our legal documents can be found at: http://www.restadoapp.com/legal/
Thank you (“You” or “you” or “User”) for your interest in the Restado software application and platform (the “Platform”) operated by Restado Technologies, Incorporated (“Restado”), a Delaware corporation. This User Agreement (this “Agreement”), including the arbitration and class action waiver provisions in Section 17 and 18 below, applies to your use of the Platform. The Platform allows you to recommend participating restaurants, bars and other retail establishments (“Merchants”) to your friends through the Platform. As further detailed in this Agreement and within the Platform, when you refer your friends to join Restado and make purchases at Merchants it allows you and your friends to earn and receive credits to use at Merchants.
BEFORE USING THE PLATFORM, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “Sign Me Up”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “Sign Me Up,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE PLATFORM.
Note to kids under 13 years of age: The Platform is not for persons under the age of 13. If you are under 13 years of age, then please do not use the Platform.
1. How it Works.
The Platform allows users (“Users”) to refer their favorite retailers to one another. Once a User signs up to use the Platform by creating an account on the Platform (“User Account”), the User is then able to browse profiles of Merchants that accept referrals over the Platform (“Referrals”) and honor credits that can be exchanged for purchases at participating Merchants. When one user (“Referring User”) makes purchases or is a person accompanying the purchaser at a Merchant and then makes a Referral to another User (“Referred User”) who makes purchases at the same Merchant, both Referring User and Referred User are eligible for credits exchangeable for checks (“Restado Checks”) that can be applied to purchases at any participating Merchants. To qualify to make a Referral, a User must visit a Merchant and then (“Referring User”) submit proof of such visit (“Stake”) by informing the Platform of the User's visit to such Merchant. After, submitting a Stake, the Referring User can refer a friend (“Referred User”) to the Merchant through the Platform. After the Referred User visits the Merchant that is the subject of the Referral, the Referred User then must submit an image of a receipt of purchases from such Merchant, within one hundred eighty (180) minutes from the time printed on the receipt to be eligible for credit through the Platform. The Referred User must submit a receipt image from the location of the Merchant, to be verified by location data provided to the Platform from the Referred User’s smartphone. If the Merchant offers delivery, or off-site sale of services, the Referred User may submit a receipt image from a location that is subject to approval by Restado at its sole discretion. If a Referred User receives Referrals to the same Merchant from multiple Referring Users, then only the Referring User who makes the Referral that is received by Restado first-in-time will be eligible for credit through the Platform. In the event of multiple submissions of the same receipt, the Referred User who submits the image of the receipt that is received by Restado first-in-time is considered the Referred User that is eligible for a credit through the Platform. The amount of credit that each Referred User and Referring User earn after each visit will be defined at the sole discretion of Restado according to the Restado Credit Policy, which can be found at http://www.restadoapp.com/credit-policy/. The Restado Credit Policy is subject to change, from time to time. Restado will give you notice of changes to the Restado Credit Policy by sending you an email to the email address you provided to Restado. If you have not provided an email address to Restado, we will give you notice of changes by publishing a revised Restado Credit Policy in this Site - we will not separately notify you of these changes.
You agree to give full and accurate information when you create a User Account on the Platform. You agree that if you do not provide an email address to Restado you will not receive emails from Restado relating to your account or changes in the Restado Platform. You agree that if you do not submit an image to Restado to be used as your Account Picture an image will be assigned to your account by Restado. You agree that we may keep the information from your User Account even after you deactivate your User Account from the Platform. You agree to only generate and distribute Referrals relating to Merchants with which you have direct experience, and agree to be truthful in all statements you make in association with your distribution of Referrals. You agree not to send Referrals to yourself, and acknowledge that you will not be eligible to receive credits through Restado based on Referrals sent to yourself. You agree not to send any “spam” in connection with your distribution of Referrals and other communications through the Platform. You acknowledge and agree that you are solely responsible for complying with all laws, rules, regulations and agreements to which you are a party in connection with your distribution of Referrals. You acknowledge that Restado does not control or have the ability to monitor the content distributed by you or other Users in connection with Referrals and does not have any liability with respect thereto. You agree not to engage in any activity that is harassing, threatening, offensive or unlawful in connection with your distribution of Referrals. Without limiting anything else herein, we reserve the right to terminate the account of any User regarding whom we receive complaints or who we (in our sole discretion) believe to have violated any of the terms and conditions of this Section 2. Restado is not responsible for carrier data charges, overage charges, SMS messaging charges, or MMS messaging charges that may result from download and use of the Platform. Restado is not responsible for damages that result from Restado activating, using, or deactivating hardware on your mobile device.
3. Restado Credits and Checks.
3.1 Users accrue credits as described in Section 1 and through promotions and incentives defined by Merchants on the Platform, from time to time. Once a User has earned a specified amount in credits through the Platform, as defined in the Restado Credit Policy, then the User can request a Restado Check in the amount of their total credits, from Restado. Restado Checks can be used at any participating Merchants and are subject to the specific terms in the Restado Credit Policy.
3.2 You acknowledge that your receipt of and ability to use a Restado Check is dependent on a variety of factors outside the reasonable control of Restado and that, to the maximum extent allowed under applicable law, Restado shall have no liability to you with respect to such factors, including without limitation: (i) the decision of other Users to use their Referrals in ways that earn you credit through Restado and Restado Checks, (ii) errors or unavailability relating to our third party hosting provider’s technology or services including any financial accounting errors; (iii) a Merchant ceasing its participation on the Platform; or (iv) a Merchant ceasing to conduct its business.
3.3 Participating Merchants are subject to change from time to time without notice. If a User does not acquire any new credits in a twelve (12) month period, all previously earned credits that have not been converted into Restado Checks, will be forfeited. Restado Checks may be subject to expiration, as indicated in the specific terms thereof.
3.4 Restado credits and Restado Checks can only be earned and used once and Restado credits have no cash value.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. We will notify you of material changes to this Agreement via e-mail sent to the e-mail address associated with your account. If you have not provided an email address to Restado, we will give you notice of changes by publishing a revised User Agreement in this Site - we will not separately notify you of these changes. Your continued use of the Platform or distribution of Referrals more than ten (10) days after notice of changes is sent by Restado constitutes your binding acceptance of such changes.
5. Ownership; Proprietary Rights.
The Platform is owned and operated by Restado. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform (“Restado Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Restado Materials do not include User Submissions (as defined below) or any other content owned by and submitted by Users to the Platform. All Restado Materials are the property of Restado or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Restado or its affiliates and/or third-party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Restado Materials.
6. Monitoring Users and Content.
Restado does not control the content posted by Users and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you submit on the Platform. If at any time, Restado chooses, in its sole discretion, to monitor the content, Restado nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
7. User Submissions.
7.1 Restado may permit the submission and posting of content submitted by you and other Users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions on the Platform. You understand that whether or not such User Submissions are published, Restado does not guarantee any confidentiality with respect to any User Submissions.
7.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Restado to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of User Submissions in the manner contemplated by Restado and this Agreement, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Restado and this Agreement.
7.3 For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Restado, you hereby grant Restado a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Platform and Restado’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and this Agreement. The aforementioned licenses will terminate when User or Restado removes User’s Submission(s) from the Platform.
7.4 In connection with User Submissions, you further agree that you will not: (i) submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Restado all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Restado or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of businesses that are Restado Merchants; or (v) impersonate another person. As per Section 230 of the Communications Decency Act Restado is not responsible for the content you submit to the platform, nor the content Restado distributes on your behalf to other individuals or entities. Restado does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Restado expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, Restado may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, Restado may, at any time, remove any User Submission that in the sole judgment of Restado violates this Agreement.
Restado Technologies, Incorporated (“Restado”) respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through the Platform without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We respond to notices of alleged copyright infringement, in compliance with the DMCA and other applicable laws, and such notices should be reported in accordance with Restado’s DMCA Policy, found at http://www.restadoapp.com/dmca/ We reserve the right to delete or disable content alleged to be infringing and terminate accounts of infringers. Our designated agent for notice of alleged copyright infringement on the Platform is:
Restado Technologies, Inc.
Attn: Copyright Agent
525 Mandana Blvd., Suite 105
Oakland, CA 94610
10. Prohibited Uses.
10.1 As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by this Agreement. Access to the Platform from territories where its contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
10.2 You may not use the Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform. You may not intentionally interfere with or damage the operation of the Platform or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform. You may not attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any unauthorized manner or form, nor to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform.
11. Account Information.
You agree that the information you provide to Restado upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
12. User Communications.
Under this Agreement, you consent to receive communications from Restado electronically. We will communicate with you by email, by text message, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that that we may, from time to time, ask for your feedback on the Platform or on Merchants that you visit, through the Platform or over email. We will not share your contact information associated with your feedback, unless you allow us to. "Restado may from time to time, in time and manner as determined solely by Restado, send an MMS or SMS message with the same content as that of one generated by you with the Restado app to your originally intended recipient(s)."
Except as explicitly stated otherwise, legal notices shall be served on (in the case of Restado) Restado’s national registered agent or (in your case) to the email address you provided to Restado. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
14. Violations; Termination.
You agree that Restado, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have on the Platform or your use of the Platform, and remove and discard all or any part of your account information, at any time. Restado may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, without notice. You agree that any termination of your access to the Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Restado shall not be liable to you or any third-party for any such termination. You may terminate your Platform account and this Agreement at any time by notifying Restado in writing via e-mail at deleteaccount@Restado.com. Note that deleting your account will prevent you from logging into and further using the Platform, but any Restado credits you have earned will remain valid until they expire in accordance with their terms and the terms and conditions of this Agreement. As such, your User Account information will continue to be stored and used by Restado for purposes of allowing your Referred Users to earn and redeem credits from Merchants you made Referrals to. If you want all of your Platform account information deleted, you may notify Restado in writing via e-mail at deleteaccount@Restado.com.
14.1 Fraudulent Activities.
Restado takes fraud extremely seriously. If Restado, in its sole discretion, determines that a User has engaged in fraudulent, abusive, or illegal activity on the Platform, or has misrepresented any information furnished to Restado, Restado reserves the right to terminate said User’s use of the Platform, to cancel any accrued Restado credits and Checks, and to seek damages from said User. Restado also may refer said User’s fraudulent, abusive, or illegal activities to appropriate law enforcement authorities. These remedies are in addition to any other remedies Restado may have at law or in equity. Activities defined as “Fraudulent Activities” subject to this Section 14.1 include but are not restricted to the following,
(a) Referral Fraud is defined as any action undertaken in the attempt to circumvent the normal referral process between two Users. Examples include but are not limited to, having more than one User Account, selling and buying Referrals, sending Referrals to Users you do not know, making Referrals to Merchants you have not visited.
(b) Transaction Fraud is defined as any action undertaken to misrepresent a User’s actions at a Merchant. Examples include but are not limited to, modifying or falsifying receipts, modifying or falsifying photographic evidence of transactions, creating or submitting images of receipts for transactions that did not occur or for items that were not purchased.
(c) Employees of Merchants may not make Referrals to guests of their respective employers while said employee is then-working at the respective Merchant.
You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform; (iii) is not responsible for addressing claims by you or any third party relating to the Platform, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the Platform or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
16. Disclaimers; No Warranties.
THE PLATFORM AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RESTADO, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
RESTADO, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES OR FUNCTIONALITY CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RESTADO, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Restado reserves the right to discontinue any aspect of the Platform at any time, without notice.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Indemnification; Hold Harmless.
You agree to indemnify and hold Restado, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, costs or expenses, including attorney’s fees, arising out of your use or misuse of the Platform, violation of this Agreement or violation of the rights of any other person or entity. Restado reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
18. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RESTADO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT, FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, THE PLATFORM ITSELF, OR ANY OTHER INTERACTIONS WITH RESTADO, EVEN IF RESTADO OR A RESTADO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RESTADO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL RESTADO’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
YOU AND RESTADO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory 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 claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
20. Class Action Waiver.
YOU FURTHER AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 17 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMEBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Platform that is not subject to mandatory arbitration under Section 17 shall be filed only in the state or federal courts in and for Alameda County, California and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Restado without restriction. Sections 3, 5, 7, 8, and 10 through 19 will survive any termination of this Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Restado as set forth in Section 4 above.
The services hereunder are offered by Restado Technologies, Incorporated located at 525 Mandana Blvd., Suite 105, Oakland, CA 94610, email: email@example.com, telephone: 510-500-8701 Please contact us via e-mail if you have further questions regarding the Platform.