User Agreement

This user agreement is effective as of July 1, 2024.

Advocate by impact.com

This user agreement (“Agreement”) is a contract between you and Impact Tech, Inc. (“impact.com”) governing your participation in rewards or cashback programs that are serviced by impact.com. In order to participate, you must create an impact.com account (“Account”).To use the impact.com services, you must be a resident of a place, and have a means to receive payment in such place, that is supported by impact.com technology (supported jurisdictions and payment methods available upon sign-up or as may be updated by posting a notice from time to time).

You agree to comply with all of the terms and conditions in this Agreement. The terms include the following additional policies (accessible at impact.com/legal), in addition to any other agreement that you may enter into from time to time with impact.com, or applicable policies including but not limited to our Privacy Policy.

We may revise this Agreement and any of the policies listed above at any time by posting the new version in its place. The revised version will be effective upon the date of posting, unless otherwise noted and subject to applicable laws. If our changes reduce your rights or increase your responsibilities, we will provide at least 30 days’ notice to you. By continuing to use our services after any changes to this Agreement become effective, you agree to abide by and be bound by those changes. If you do not agree with any changes to this Agreement, cease using your Account and you may notify us to close your impact.com Account. For jurisdictions that require you to opt-in to changes, you will be required to opt-in during a notice period specified in the notice, and if you do not do so the Agreement is terminated.

Creating an Account

To create an impact.com Account, you must be a resident of a supported jurisdiction, at least 18 years old or the age of majority in your place of residence, and have a bank account or other approved method of receiving funds. Your Account is personal to you, and may not be shared with anyone else. Through your Account, you will be able to (depending upon the reward or cashback program terms):

It is your responsibility to keep confidential any credentials used to access your impact.com Account and to keep your phone number, email address, banking or payout method, and other contact information current in your impact.com Account profile. Failure to do so may result in a loss of amounts earned as a participant, delay in receiving your reward or cashback, forfeiture of your Account, or impact.com closing your Account to protect the integrity of our services and technology.

Before you may be paid out amounts earned as a participant, you must submit full, complete, and accurate tax information, as applicable to your relevant jurisdiction. Our team will conduct due diligence based on the information that you provide. If we are unable to verify your identity or if your tax information is incomplete or incorrect, you will have a reasonable opportunity to complete or correct such information, but if we are still unable to verify you and/or your tax ID your Account will be closed and any earned and pending amounts will be forfeited.

Closing Your Account

You may close your impact.com Account and terminate this Agreement at any time. To close your impact.com Account, reach out to us via the Help Center. Any pending amounts recorded on your Account but not yet earned as a participant will be canceled and removed from your account. Closure of your Account does not stop the following:

Earnings Unpayable in Your impact.com Account

Unless otherwise expressly stated, all references to “funds” in these terms and conditions mean money denominated in sovereign currency and not cryptocurrency or any other form of asset.

Any earned funds in your impact.com Account represent unsecured claims against impact.com. Your impact.com Account does not accrue interest and you have no ownership interest or investment in impact.com.

Payment Reviews

Each earned reward or cashback may be reviewed prior to payment. We reserve the right to review your Account and reward and cashback activity at any time and for any reason. Amounts earned may be placed on hold pending receipt of additional information and/or documentation that we ask you to provide in the review process, such as documentation to verify your identity. We may withhold payment until verification is completed, and we may reverse or cancel rewards or cashback amounts or even terminate your Account as a result of the verification process. Other consequences of the review and/or verification process include money or payments being applied to amounts you owe to impact.com or reversed for having been determined to have been unearned or as a consequence of non-compliance with program terms or this User Agreement.

Account Statements

As long as you have access to your active Account, you will be able to view and download information regarding your participation in rewards or cashback programs.

Donations

If available, you may donate your earnings as a participant in rewards or cashback programs to charitable organizations via impact.com. impact.com does not provide a tax receipt for such donations. Charitable organizations are responsible for sending tax receipts directly to you. impact.com will share your email address with any charitable organization profile to which you send a donation for tax receipt purposes.

Minimum Payout Thresholds and Fees

We may, at our discretion, impose minimum thresholds depending upon the payout method elected by you. Additionally, there may be fees associated with some payout methods. Minimum thresholds and fees will be disclosed when you are electing your payout method or if you change your payout method. We may in our discretion limit or change the payout methods available to you. Fees and minimum thresholds may change from time to time in our sole discretion.

Taxes and Information Reporting

Amounts that you earn as a participant in a rewards or cashback program do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payouts you receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Impact.com is not responsible for determining whether any taxes apply to an action, or for calculating, collecting, reporting or remitting taxes arising from any action. You acknowledge that we may make certain reports to state and federal tax authorities regarding actions (payouts) that you receive pursuant to your participation in rewards and cashback programs. For example, impact.com is required to report to the U.S. Internal Revenue Service the total amount of payments that you receive each calendar year via impact.com and that are associated with the same tax identification number once you receive at least $600 in payments. We may also have reporting requirements to applicable state and local governments. We will send you any necessary forms related to your payouts and also transmit them to the relevant tax authority.

Taxpayer Identification Number and Withholding Tax

We may request that you provide your tax identification number and/or a US tax form such as W-9 or W-8. If you do not provide us the requested information and documentation, you understand and agree that you may be subject to account limitations and federal and state withholding tax at the applicable rates on all US source income payments received. We will send all withholding taxes to the appropriate taxing authorities and cannot refund those amounts.

Charitable Donations

impact.com may enable you the ability to elect charitable organizations which can receive donations of amounts earned by you as a participant in a rewards or cashback program that enables charity donations. You agree that we may provide your information to your elected charitable organizations and provide them with amounts donated by you from your impact.com Account. impact.com disclaims all liability for charitable organizations, their compliance with laws, rules and regulations, and how they use the funds that you donate to them.

Customer Service & Disputes

If you have a dispute or complaint about your impact.com Account, please visit our Help Center. You may deactivate your impact.com Account through the Help Center.

Modifications, Suspensions, and Cancellation

We reserve the right to modify and/or discontinue the impact.com services, in whole or in part, at any time, or to place conditions on your use of your impact.com Account. Except as prohibited by applicable law, we may block, restrict, suspend, or terminate your use of your impact.com Account at any time upon notice. impact.com reserves the right to do so for any breach or violation of this Agreement or any other terms and agreements between you and impact.com. You agree that we will not be liable to you or any third-party for any modifications or discontinuance to the impact.com services, and/or blocking, suspending, canceling, or terminating your use of your impact.com Account.

Restricted Activities

In connection with your use of the impact.com services, impact.com Account, an impact.com website, you must not (and you are responsible for anyone that you allow to access or use any of the preceding):

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you have engaged in any restricted activities, we may take a number of actions to protect ourselves and others at any time at our sole discretion. The actions we may take include, but are not limited to, the following:

If we close your impact.com Account or terminate your use of the impact.com services for any reason, we’ll provide you with notice of our actions. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by us, any rewards or cashback program, or a third party caused by or arising out of your breach of this agreement, and/or your use of the impact.com services or use of your impact.com by anyone that you allow to do so.

Holds and Limitations

What are holds and limitations

Under certain circumstances, in order to protect impact.com and the security and integrity of our technology and services, impact.com may, in its sole discretion, take Account-level or individual transaction actions. A hold may be placed on your impact.com account, which temporarily makes earned money unavailable to you and prevents you from earning more during such a hold period.

Our decision about holds may be based on confidential criteria that are essential to our management of risk and the protection of impact.com, or we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

impact.com will use commercially reasonable efforts to resolve temporary holds as expeditiously as possible.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your impact.com Account, placing a hold on your impact.com Account, or releasing funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your impact.com account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place as long as we determine that we are required or that it is necessary to do so.

Error Resolutions

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your impact.com Account, placing a hold on your impact.com Account, or releasing funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your impact.com account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place as long as we determine that we are required or that it is necessary to do so.

What is an error

An “error” means the following:

What is not considered an error

The following are NOT considered errors:

In case of errors or questions about your rewards or cashback

Contact us through the Help Center; or write us at Impact Tech, Inc., Attn: Error Resolution, 223 E. De La Guerra Street, Santa Barbara, CA 93101.

Notify us as soon as you can if you discover an error. We must hear from you no later than 60 days after payment was made to you or, if no payment was made, when payment should have been received by you.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. Such a timeframe may be extended by up to 90 days to investigate your complaint or question if impact.com is required to coordinate with a third party in relation to such complaint or question.

We will inform you after completing our investigation, and:

If we discover an error, we will remedy such error promptly after we conclude that an error has been made. If the error results in you owing money, we may satisfy such outstanding amounts from amounts due to be paid to you from your impact.com Account, and if inadequate to completely satisfy such outstanding amounts you will be invoiced for the balance owed, with payment due net thirty (30) days from the date of such invoice.

Communications Between You and Us

By providing us your email address and/or opting in to receive text messages from us on the mobile phone number that you provide to us (which you represent and warrant that you are the owner of that mobile number), you agree that we, including our affiliates, may contact you at that email address and number using automated, autodialed or prerecorded messages, calls or text messages to: (i) service your impact.com Account, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use automated, autodialed, or prerecorded messages, calls, or texts to contact you for marketing purposes unless we receive your prior express written consent. You may opt out of receiving autodialed or prerecorded message calls or texts to the mobile phone number by replying STOP to a message from the phone number you wish to be opted out from such messages or by contacting us through the Help Center ;.

Message and data rates may apply to text messages. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. We may share the mobile phone number(s) you provide to us with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. We may communicate with you about your impact.com Account and the impact.com services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, which may be through notification in your impact.com Account, 24 hours after the time we post it to our website or email it.

Unless you’re communicating with us about a matter where we’ve specified another notice address, written notices must be sent by postal mail to: Impact Tech, Inc., Attention: Legal Department, 223 E. De La Guerra Street, Santa Barbara, California 93101. You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf regarding your impact.com Account has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this Agreement, your access to or use of our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf or some or all of the impact.com services for any reason and at any time upon notice to you. If you are owed rewards or cashback, we will payout such rewards or cashback upon receipt of funds from the rewards or cashback program.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from funds paid to us by rewards and cashback programs that are to be applied towards your impact.com Account, whether off-set or deducted later.

If you have more than one impact.com Account, including one that is not a rewards and cashback impact.com Account, even if you have those accounts without our authorization and in breach of this Agreement, we may set off amounts owed to us in one impact.com Account against money in or money sent to your other impact.com Account(s).

In addition to the above, if you have an account with an affiliate of ours and have past due amounts owed to us, we may debit your accounts held at our affiliates to pay any amounts that are past due.

No waiver

Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “impact.com” to refer to Impact Tech, Inc., our parent Impact Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify impact.com for actions related to your impact.com account and your use of, and anyone that you authorize to use, the impact.com services. You agree to defend, indemnify and hold impact.com harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the impact.com services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your impact.com Account or access our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf, or any of the impact.com services on your behalf.

Limitation of Liability

Impact.com’s liability is limited with respect to your impact.com Account and your use of the impact.com services. In no event shall impact.com be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf, any of the impact.com services, or this Agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in all circumstances is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, impact.com is not liable, and you agree not to hold impact.com responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or inability to use, our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf, or any of the impact.com services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf and any of the impact.com services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf or any of the impact.com services or any website or service linked to our websites, software or any of the impact.com services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf or any of the impact.com services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; or (6) a suspension or other action taken with respect to your impact.com Account.

Disclaimer of Warranty and Release

No warranty

The impact.com services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not have any control over the rewards and cashback programs for which the impact.com services are used. Additionally, we cannot ensure that the rewards and cashback programs an impact.com user is dealing with will actually fund amounts earned by participants. If we are not paid by the rewards and cashback programs, then impact.com does not advance funds and you will not be paid. We do not guarantee continuous, uninterrupted, or secure access to any part of the impact.com services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the impact.com services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to request that the rewards and cashback programs fund amounts owed that have been earned by participants. If your jurisdiction does not allow the disclaimer of implied warranties, then the foregoing disclaimers of implied warranties do not apply.

Your Release of Us

If you have a dispute with a rewards and cashback program, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, pursuant to California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Dispute Resolution

You and impact.com agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the impact.com services or your impact.com Account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below, which:

Notice to opt-out of the Agreement to Arbitrate must be mailed via certified mail return receipt requested to - Impact Tech, Inc., Attn: Legal Department, Santa Barbara, California 93101. Your signed notice must include your name, address, phone number, impact.com username, and the email address(es) used to log in to the impact.com Account(s) to which the opt-out applies. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of this Agreement to Arbitrate, all other parts of the Agreement will continue to apply. Opting out of the Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Prior to submitting for arbitration, disputes between you and impact.com regarding the impact.com services may be reported to customer service online through the Help Center at any time. The parties agree that all preliminary meetings and/or hearings may be conducted virtually, unless prohibited by applicable law.

Agreement to Arbitrate

You and impact.com each agree that any and all disputes or claims that have arisen or may arise between you and impact.com (including claims or disputes that arise out of or relate to the impact.com services or your impact.com account), including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration. You agree that arbitration will be on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted.

For residents of the US and Canada, The US Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. For European Economic Area residents, the Directive (2013/11/EU) on alternative dispute resolution for consumer disputes (the 'ADR Directive') and Regulation 524/2013 on online dispute resolution for consumer disputes (the ODR Regulation) apply. For residents of the UK, the Arbitration Act 1996 (as may be amended or its successor legislation) applies. For residents of Japan, Arbitration Law No. 138 of 2003 (as may be amended or its successor legislation) applies. For residents of Australia and New Zealand, the International Arbitration Act 1974 (Cth) (as may be amended or its successor legislation) applies.

Before bringing any dispute or claim, you or impact.com must first send the other party, by certified mail, a notice of dispute. If to impact.com: Impact Tech, Inc., Attn: Legal Department, Santa Barbara, California 93101. impact.com will send any notice to you to the address and/or email address we have on file associated with your impact.com Account. It is your responsibility to keep your address up to date. The notice is to include a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party.

If you and impact.com are unable to resolve the claims described in the notice within 45 days after the notice is sent, you or impact.com may commence an arbitration proceeding.

For residents in the EEA, you are to use the online process through the European Commission’s Online Dispute Resolution (ODR) via https://ec.europa.eu/consumers/odr and if not resolved within 90 days of process initiation then arbitration through the Extrajudicial Dispute Resolution Body for Consumers and Companies (Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e. V.) (as such a process may be amended or through any applicable successor body and/or legislation).

For residents in the UK, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration through the Consumer Dispute Resolution Limited, pursuant to their rules which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one, the seat, or legal place, of arbitration shall be London, England, and the language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales. You are to initiate a claim through Consumer Dispute Resolution Ltd (Company No. 09189773 England and Wales), registered office address: Unit 12 Walker Avenue, Wolverton Mill, Milton Keynes, Buckinghamshire, England, MK12 5TW, via their online process at https://consumerarbitration.co.uk/ (although a paper form, offline process is available as well) and pay them a nominal fee with your submission.

For residents of Japan, all disputes, controversies or differences arising out of or in connection with this contract shall be finally settled by arbitration in accordance with the Interactive Arbitration Rules of The Japan Commercial Arbitration Association. The place of the arbitration shall be Tokyo, Japan. The matter shall be resolved by 1 arbitrator and the language of the arbitration shall be English. To initiate a the process, you are to contact the JCAA Tokyo Head Office, via email at: arbitration@jcaa.or.jp; or by mail: Japan Commercial Arbitration Association, Arbitration & Mediation Department, 3F, Hirose Bldg, 3-17, Kanda Nishiki-cho, Chiyoda-ku, Tokyo 101-0054, Japan TEL: +81-3-5280-5161.

For residents of Australia and New Zealand, any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any questions regarding its existence, validity or termination, shall be resolved by arbitration of one arbitrator through the Australian Centre for International Commercial Arbitration Limited (“ACICA”, ACN 006 404 664) in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English.The parties agree that any preliminary matters and/or hearings may be held virtually. To initiate arbitration, register your arbitration with the ACICA and pay the relevant filing fee at https://acica.org.au/acica-connect/. If you have questions, contact the ACICA Secretariat via email at secretariat@acica.org.au, or by phone at +612 9223 1099.

You and impact.com agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and impact.com agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other impact.com entities or impact.com customers.

For residents in the US and Canada, any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org.The parties agree that the following provisions shall apply:

With the exception of any of the provisions regarding prohibiting class and representative actions, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions regarding prohibiting class and representative actions are invalid or unenforceable because it would prevent the exercise of a non-waivable right (such as the right to pursue public injunctive relief), then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against impact.com or you prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and impact.com. We will notify you of amendments to this Agreement to Arbitrate by providing notice through email at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your impact.com account within the 30-day period and you will not be bound by the amended terms.

Disclaimer for Program Content

Content provided to you by rewards and cashback programs is not the responsibility of impact.com. We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content provided to you pursuant to your participation in rewards and cashback programs. You are solely responsible for all content that you use to participate in rewards and cashback programs. impact.com does not endorse, guarantee, make representations or provide warranties regarding any such content.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We may transfer or assign this Agreement or any right or obligation under this Agreement at any time.

Dormant accounts

If you do not log in to your personal account for at least six (6) months, we may close your impact.com Account and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency or otherwise in accordance with applicable laws. We will determine your state of residency based on the information provided for your impact.com Account. If your address is unknown, any of your funds held in our possession will be escheated to the State of California. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.

Governing Law

US and Canada

If you reside in the United States or Canada or any other jurisdiction excluding those covered by a governing law provision below, you agree that except to the extent inconsistent with or preempted by local law or federal law and except as otherwise stated in this Agreement, the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and impact.com regarding your impact.com Account and your use of the impact.com services or interpretation of this Agreement.

Europe

If you reside in the European Economic Area, you agree that except to the extent inconsistent with or preempted by local law and except as otherwise stated in this Agreement, the laws of Germany, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and impact.com regarding your impact.com Account and your use of the impact.com services or interpretation of this Agreement.

United Kingdom

If you reside in the United Kingdom, you agree that except to the extent inconsistent with or preempted by local law and except as otherwise stated in this Agreement, the laws of England and Wales, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and impact.com regarding your impact.com Account and your use of the impact.com services or interpretation of this Agreement.

Japan

If you reside in Japan, you agree that except to the extent inconsistent with or preempted by local law and except as otherwise stated in this Agreement, the laws of Japan, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and impact.com regarding your impact.com Account and your use of the impact.com services or interpretation of this Agreement.

Australia and New Zealand

If you reside in Australia, you agree that except to the extent inconsistent with or preempted by local law and except as otherwise stated in this Agreement, the laws of Australia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and impact.com regarding your impact.com Account and your use of the impact.com services or interpretation of this Agreement.

Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information of you. We reserve the right to close, suspend, or limit access to your impact.com Account and/or the impact.com services in the event that, after reasonable enquiries, we are unable to obtain information required to verify your identity or otherwise clear you.

Impact.com is only a technology platform service provider

We act as a technology platform only, and not as an agent, trustee, guarantor, partner, joint venture, or employer of you or any person or entity that utilizes our software-as-a-service (SaaS) services. We do not: determine if you are liable for any taxes, or, unless otherwise expressly set out in this Agreement, collect or pay any taxes that may arise from use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy. in order to better understand our commitment to maintaining account holder privacy, as well as our use and disclosure of account holder information.

Third party providers

The impact.com Services are provided in conjunction with third-party rewards and cashback programs. You agree that: (1) your participation in such programs is subject to the terms that you agree with such third parties, (2) we may provide information and data about your impact.com Account and use of the impact.com services to such parties, and (3) contact information that you provide to impact.com for the creation of your impact.com Account may be shared with such third parties and that the third party’s privacy policy shall govern such third party’s receipt of your contact information and Account data. We are not a party to your agreements with such third parties and we have no responsibility for the products and services provided by those third parties. You acknowledge and agree that this agreement is between you and impact.com, not with any such third party. You acknowledge and agree that we are solely responsible for the impact.com services and for providing maintenance and support services for the impact.com services.

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