Outage Refund provides a personalized pay per use service that help our members collect refund or credits entitled to them due to service outages.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES WITH OUTAGE REFUND (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1. Free Trial
- 1.1. Your Outage Refund membership may start with a free trial, which entitles you to one refund service from us for free.
- 1.2. Free trial eligibility is determined by Outage Refund at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Outage Refund membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Outage Refund membership to determine eligibility. For combinations with other offers, restrictions may apply.
- 1.3. We will charge your Payment Method for a service fee that equals 25% of the total refund or credits we helped you collect after the first free refund.
2. Billing and Cancellation
- 2.1. Payment Methods. To use the Outage Refund service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- 2.2. You can cancel your Outage Refund membership at any time, and you will cease to have access to the Outage Refund service right away. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. Alternatively, you can send an email to firstname.lastname@example.org and ask for cancellation.
- 2.4. No Refunds. Payments are nonrefundable. Following any cancellation, however, you will cease to have access to the service right away. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3. Outage Refund Service
- 3.2. The Outage Refund service is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features.
4. Disclaimers of Warranties and Limitations on Liability
- 4.1. THE OUTAGE REFUND SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE OUTAGE REFUND SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. OUTAGE REFUND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE OUTAGE REFUND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. OUTAGE REFUND SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND OUTAGE REFUND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- 4.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL OUTAGE REFUND, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- 4.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
5. Arbitration Agreement
- 5.2. If you elect to seek arbitration or file a small claim court action, you must first send to Outage Refund, by certified mail, a written Notice of your claim ("Notice"). The Notice to Outage Refund must be addressed to: General Counsel, Outage Refund, Inc., 555 Bryant St. #411, Palo Alto CA 94301 ("Notice Address"). If Outage Refund initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Outage Refund, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Outage Refund and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Outage Refund may commence an arbitration proceeding or file a claim in small claims court.
- 5.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, you will be responsible for filing fees.
- 5.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Outage Refund and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
- 5.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Outage Refund's last written settlement offer made before an arbitrator was selected (or if Outage Refund did not make a settlement offer before an arbitrator was selected), then Outage Refund will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- 5.6. YOU AND OUTAGE REFUND 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 Outage Refund agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- 6.2. Unsolicited Materials. Outage Refund does not accept unsolicited materials or ideas for Outage Refund's features transmitted to Outage Refund. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Outage Refund and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- 6.3. Feedback. Outage Refund is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Outage Refund service, including the Outage Refund website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Outage Refund service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
- 6.6. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
12th April 2019