Terms of Service
Welcome, and thank you for your interest in our website and related services (including our web browser extension) (collectively, the “Service”) that is being made available by Million Pugs, Ltd. (collectively, “MillionPugs,” “we,” or“us”). These Terms of Service (these “Terms”) form a legally binding agreement between MillionPugs and you regarding your use of the Service.
BY CLICKING “I ACCEPT,” ACCESSING OR OTHERWISE USING THE SERVICE, YOU ARE REPRESENTING TO US THAT YOU ARE ELIGIBLE TO ACCESS AND USE THE SERVICE, ARE BASED INSIDE THE UNITED STATES, AND ARE CONSENTING TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, THEN DO NOT USE THE SERVICE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MILLIONPUGS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Please see Section 16 for more information.
1. Service OverviewGenerally. The Service allows you to earn:
rewards points made available by MillionPugs (“PUGS”) when you purchase goods or services from one or more third-party retailers, brands, merchants, or other partners authorized and made available by MillionPugs (collectively, “Affiliate Stores”) on or through our web browser extension for browsers supported by MillionPugs (“Browser Extension”), through shopping links within the Service, or other features and functions of the Service. Once you have earned PUGS, the balance of PUGS on your account on the Service will increase to reflect the PUGS you have earned, and you may redeem PUGS for certain gaming-related rewards (“Rewards”) made available by MillionPugs on or through the Service, subject, in each case, to these Terms.
b) Redeeming PUGS. You may redeem your earned PUGS for Rewards made available by MillionPugs, at its discretion, on or through the Service. MillionPugs reserves the right to change, suspend, or cancel all or a portion of any Rewards at any time without prior notice to you. No credit, reversal, or refund of PUGS will be issued for any reason after PUGS have been redeemed. The only way to use PUGS is to redeem them for Rewards as available from time to time through or on the Service.
c) PUGS Balance. PUGS are earned based on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for PUGS. The amount of PUGS you may be eligible to receive may vary by Affiliate Store and product, and there may be exclusions that prohibit you from earning PUGS in connection with certain Affiliate Stores or products. MillionPugs reserves the right to determine, at its discretion, how many PUGS you may receive in connection with any purchase you make from an Affiliate Store and how many earned PUGS must be redeemed in order to receive a Reward.
d) Promotional Offers. MillionPugs, at its discretion, may make various promotional offers to any of MillionPugs’ customers (e.g., bonus PUGS in connection with certain purchases). These promotional offers, unless made to you, will not apply to your offer or these Terms.
We do not intend to offer the Service to children below the age of 13, or to the extent that the Service or their use violates any applicable law or regulation. If you are not eligible, or do not agree to all the terms and conditions of these Terms, you may not access or use the Service. By using the Service, you represent and warrant to MillionPugs that: (a) you are at least 13-years old; (b) if you are under 18-years old, you possess the legal consent of your parent or guardian to access and use the Service; (c) you are not prohibited or restricted from accessing or using any aspect of the Service by any applicable law or regulation; (d) you have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party or any laws of any country to which you are a citizen or a resident or from which you are accessing or using the Service; and (e) you are not currently restricted from the Service and have not previously been suspended or removed from the Service. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.If at any time you are not in full compliance with all of the foregoing provisions, you are in material violation of these Terms, and you must immediately cease accessing and using the Service.
3. Your Account
During registration of your account on the Service, you may login by using certain third-party services (e.g., Google or Facebook) or will otherwise be required to provide us with some information about yourself, such as your email address, mobile phone number or other contact information. Only one account may be created by a single MillionPugs user. You agree that: (a) the information you provide to us is accurate and that you will keep it accurate and up to date at all times; (b) this is your first and only active MillionPugs account; (c) you are solely responsible for maintaining the confidentiality of your account on the Service; and (d) you accept responsibility for all activities that occur under your account. In order to validate that this is your only account, we might require a working, active mobile phone number that can receive SMS messages (one message per verification attempt, message and data rates may apply), which will be used to receive an account verification code. We won’t store these phone numbers, and they will be used only during account creation process. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org. Your balance of earned PUGS will be reflected in your account.
4. Limited License
Subject to the restrictions set forth in these Terms, MillionPugs grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) receive and use PUGS in accordance with these Terms; and (b) access and use our Service (including by installing our Browser Extension), but not reproduce, modify, or distribute the Service, during the Term (as defined below), in each case, on devices owned or controlled by you (each, a ““Device”). Any “balance” of PUGS shown in your account does not constitute a real-world balance of U.S. Dollars or any other fiat currency or otherwise reflect any stored value, but instead constitutes a measurement of the extent of your license under this Section 4.
Except for the limited license granted in Section 4, MillionPugs retains all right, title, and interest, including all intellectual property rights, in and to the Service and PUGS. The Service and PUGS constitute MillionPugs’ valuable trade secrets. Accordingly, any unauthorized use or disclosure of our Service (including of any PUGS) would cause MillionPugs irreparable harm. The license granted pursuant to these Terms is not a sale and does not transfer to you title or ownership of the Service or a copy of the Service, but only a right of limited use for non-commercial, personal purposes. ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS ARE RESERVED BY MILLIONPUGS.
6. Early Release
The Service may contain errors, including errors that may cause the Service, PUGS, or Devices to malfunction or cause a loss of data or PUGS. MillionPugs is not obligated to correct errors, correct the effects of errors (e.g., fix any account or Device or recover lost data or PUGS), or provide any technical support related to use of the Service (including any account or PUGS on it).
7. Affiliate Store and Third-Party Services
If you purchase any product from an Affiliate Store, that purchase is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies, some of which may prohibit you from receiving PUGS on any products returned or exchanged regardless of original estimated reward on the initially purchased good or service. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Service or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including the withdrawal or modification of any such offer or promotion. MillionPugs is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Service, or for any effect on accrual of your balance of PUGS caused by such changes, discontinuance, or withdrawal. By consenting to these Terms, you agree to indemnify and hold MillionPugs harmless for any damages caused by any Affiliate Store with respect to your activities, including to particular policies, or changes in policy of any Affiliate Store. In addition to Affiliate Stores, the Service may also access applications or other materials on a Device provided by you or third parties and may integrate or otherwise connect with services offered and provided by third parties (collectively,Third-Party Services”). MILLIONPUGS IS NOT RESPONSIBLE IN ANY WAY FOR YOUR USE OF ANY PRODUCTS OR SERVICES OFFERED BY AFFILIATE STORES OR ANY THIRD-PARTY SERVICES AND ANY RESULTING DAMAGES FROM YOUR USE OF ANY OF THE FOREGOING. YOU CHOOSE TO USE THE SERVICE, ANY AFFILIATE STORE’S PRODUCTS OR SERVICES, AND ANY THIRD-PARTY SERVICES AT YOUR OWN RISK.
8. Testing and Evaluating the Service
MillionPugs may periodically request that you provide, and you agree to provide to MillionPugs, feedback regarding the use, operation, and functionality of the Service or PUGS (“Feedback”), including any information about known or suspected bugs, errors or compatibility problems, suggested modifications, and user-desired features. You grant MillionPugs a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, fully sublicensable, and transferable right to use and incorporate Feedback into any products and services, to make, use, sell, offer for sale, import, and otherwise exploit such products and services, and to otherwise use, copy, distribute, and exploit the Feedback without restriction.
9. Term and Termination
These Terms will be effective upon the earlier of your acceptance of these Terms or use of the Service and will continue until terminated (the “Term”). These Terms will terminate immediately upon notice from MillionPugs. MillionPugs’ rights and your obligations will survive the termination of these Terms.
10. PUGS ARE NOT MONEY
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF WHAT WE CALL THEM, PUGS ARE NOT REAL MONEY, DO NOT HAVE MONETARY VALUE, AND MAY NEVER BE REDEEMED FOR “REAL WORLD” MONEY, OR OTHER ITEMS OF MONETARY VALUE OUTSIDE OF THE SERVICE, WITHOUT OUR PERMISSION. WHILE WE MAY USE TERMS LIKE “BUY,” “PURCHASE,” “SELL” OR “VALUE” OR REFERENCE DENOMINATIONS IN CONNECTION WITH PUGS, WE DO SO ONLY FOR CONVENIENCE AND THOSE TERMS IN NO WAY INDICATE THAT PUGS HAVE MONETARY VALUE OR ARE REAL MONEY. YOU ACKNOWLEDGE THAT PUGS ARE NOT REAL CURRENCY, CANNOT BE USED AS FIAT OR VIRTUAL CURRENCY, CANNOT BE USED OUTSIDE OF THE SERVICE, ARE NOT INSURED OR OTHERWISE PROTECTED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, AND ARE NOT REDEEMABLE FOR ANY SUM OF MONEY FROM US AT ANY TIME. YOU ALSO ACKNOWLEDGE THAT ANY BREACH OR ALLEGED BREACH OF THESE TERMS, A TERMINATION OF YOUR ACCOUNT, OR THE CANCELLATION OF THE SERVICE MAY RESULT IN YOUR PUGS BEING FORFEITED WITH NO RIGHT OR ENTITLEMENT TO REIMBURSEMENT WHATSOEVER. WE RESERVE THE RIGHT, WITHOUT PRIOR NOTIFICATION, TO LIMIT THE QUANTITY OF PUGS OR TO REFUSE TO PROVIDE YOU WITH ANY PUGS. PRICE, EXCHANGEABILITY AND AVAILABILITY OF PUGS ARE DETERMINED BY US IN OUR SOLE DISCRETION AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU AGREE THAT WE HAVE THE ABSOLUTE RIGHT TO MANAGE, DISTRIBUTE, REGULATE, CONTROL, MODIFY, AND ELIMINATE PUGS AS WE SEE FIT IN OUR SOLE DISCRETION, AND THAT WE WILL HAVE NO LIABILITY FOR EXERCISING THAT RIGHT. YOU ABSOLVE US OF ANY RESPONSIBILITY TO MAINTAIN OR UPDATE YOUR ACCOUNT. MILLIONPUGS IS NOT, TO THE GREATEST EXTENT PERMITTED BY LAW, LIABLE FOR ANY LOSS OF ANY KIND SUFFERED BY YOU IN CONNECTION WITH OR ARISING FROM THE ACQUISITION, LOSS, FORFEITURE, OR ANY USE WHATSOEVER OF PUGS BY YOU. WITHOUT LIMITING ANY OF THE FOREGOING, OUR MAXIMUM LIABILITY OR RESPONSIBILITY TO YOU IS TO REFUND THE PUGS LOST ONTO YOUR ACCOUNT.
11. Prohibited Conduct
By using the Service, you agree not to: (a) use the Service for any illegal purpose (e.g., financial crime) or in violation of any local, state, national, or international law (e.g., anti-money laundering laws); (b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; (c) you must not attempt to access or search the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software or search agents provided by MillionPugs or other generally available third-party web browsers; (d) interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; (e) interfere with the operation of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; (f) perform any fraudulent activity or crime, including by creating a duplicate account or impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; (g) sell or otherwise transfer the access granted under these Terms; or (h) attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. DISCLAIMERS; NO WARRANTIES.
YOUR POSSESSION, PERMITTED TRANSFER, AND USE OF ALL OR ANY PORTION OF THE SERVICE (INCLUDING YOUR ACCOUNT AND ANY PUGS) IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND PUGS ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILLIONPUGS AND ITS SHAREHOLDERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND OTHER AGENTS (COLLECTIVELY, “MILLIONPUGS PARTIES”) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING: (A) WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE AND PUGS; AND (B) WARRANTIES THAT THE SERVICE AND PUGS, AND ANY DATA PROCESSED THROUGH OR USING THE SERVICE IS SECURE, ACCURATE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF ANY OF THESE EXCLUSIONS DO NOT APPLY TO YOU OR ARE VOID WITH RESPECT TO YOU UNDER ANY APPLICABLE LAW, THEN ANY WARRANTY THAT CANNOT BE EXCLUDED IS LIMITED TO THE SHORTER OF: (I) 90 DAYS FROM THE DATE OF FIRST DELIVERY OF THE SERVICE; AND (II) THE SHORTEST PERIOD PERMITTED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE MILLIONPUGS PARTIES’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR UNDER THESE TERMS WILL NOT EXCEED $100; AND (B) NO MILLIONPUGS PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ANY MILLIONPUGS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, OR FOR ANY DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, DATA CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS OR INVESTMENT. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
You will defend, indemnify, and hold the MillionPugs Parties harmless against any claim, demand, suit, or proceeding made or brought against any MillionPugs Party by a third party arising from your use of the Service or PUGS in violation of these Terms (Claim”) and will indemnify the MillionPugs Party for any damages finally awarded against, and for reasonable attorneys’ fees incurred by, the MillionPugs Party in connection with any Claim.
15. Consent to Electronic Communications
16. Dispute Resolution
a) Generally. In the interest of resolving disputes between you and MillionPugs in the most expedient and cost effective manner, and except as described in Section 16(b) and 16(d), you and MillionPugs agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MILLIONPUGS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b) Exceptions. Despite the provisions of Section 16(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c) Opt-Out.If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to Million Pugs, Ltd., Attention: Legal Department – Arbitration Opt-Out, Salisbury House, Station Road, CB1 2LA Cambridge, United Kingdom that specifies your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once MillionPugs receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
d) Arbitrator. Any arbitration between you and MillionPugs will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting MillionPugs. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). MillionPugs’ address for Notice is: Million Pugs, Ltd., Salisbury House, Station Road, CB1 2LA Cambridge, United Kingdom. The Notice of Arbitration must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MillionPugs may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or MillionPugs must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by MillionPugs in settlement of the dispute prior to the award, MillionPugs will pay to you the higher of: (i) the amount awarded by the arbitrator and (ii) US$10,000.
f) Fees. If you commence arbitration in accordance with these Terms, MillionPugs will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse MillionPugs for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
g) No Class Actions. YOU AND MILLIONPUGS AGREE THAT EACH MAY BRING CLAIMS 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 MillionPugs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
h) Modifications to this Arbitration Provision. If MillionPugs makes any future change to this arbitration provision, other than a change to MillionPugs’ address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to MillionPugs’ address for Notice of Arbitration, in which case your account with MillionPugs will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
i) Enforceability. If Section 16(g) or the entirety of this Section 16 is found to be unenforceable, or if MillionPugs receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
17. Governing Law
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and MillionPugs submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms.
These Terms represent the entire agreement between you and MillionPugs and supersedes any other communications with respect to the Service. MillionPugs reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service, such as the Browser Extension or any of its features (e.g., Safari support if Apple ends support for legacy Safari extensions), temporarily or permanently, without notice to you. MillionPugs will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. You may not assign these Terms. MillionPugs may freely assign these Terms. Any assignment in violation of the foregoing is void. Throughout these Terms the use of the word “including” means “including but not limited to.”