NO PURCHASE NECESSARY TO ENTER OR WIN
NO PURCHASE NECESSARY TO PLAY
VOID WHERE PROHIBITED, OFFICIAL RULES APPLY
Date of last modification: 8 October 2022
IMPORTANT NOTICE: These Terms of Service have been updated as of October 8, 2022 and supersede and replace all prior agreements and prior Terms and Conditions of Use.
NOTE: THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER "REAL MONEY GAMBLING." No actual money is required to play and the Service is intended for entertainment purposes only.
PLEASE NOTE THAT THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "BINDING ARBITRATION AND CLASS WAIVER." SEE SECTION 23 OF THESE TERMS, BELOW.
Funzpoints players shall be referred to in the singular as "User" or "you" or "Participant" and in the plural as "Users" or "Participants".
Funzpoints.com is owned and operated by Woopla Inc., 292 Charlotte Street, Sydney, Nova Scotia B1P 1C7 Canada. This agreement is entered into for the benefit of Woopla, Inc. and its affiliates, owners, officers, employees agents and assigns, whom shall be referred to collectively as "Woopla," "Us," "We" or "Company."
1.1. From time to time, We may modify or amend these Terms. If we do so, any such modifications or changes shall be reflected in the Terms on the Site. We will also notify You by email regarding any material changes to the Terms. Whether You receive or review such notifications, You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Terms Of Service as posted on the Site prior to accessing the Site or partaking in any Services. Your further use of the Services after any changes are posted shall constitute further consent and agreement to the Terms as changed or amended.
You are responsible for obtaining any mobile device or computer and Internet service necessary to access Funzpoints.com and for paying any fees for the service and equipment you select.
You promise that you own the email Account you use for registration for an Account and that all the information you provide to us is and shall remain true, accurate and complete at all times. We reserve the right to suspend or terminate any or all of Your Accounts if any information provided during the registration process or thereafter proves to be false, inaccurate, not current or incomplete.
You agree that you shall take all steps necessary to protect Your log-in details and keep them secret. You agree that you shall not give Your log-in details to anyone else or allow anyone else to use Your login details or Account. You will not provide access to Your Account or the Services to any persons other than Yourself.
You accept sole responsibility if you fail to keep Your login details secret or if you share Your log-in details or access to The Services with someone else.
Access to The Services is permitted at the discretion of Woopla. The Services may be changed or withdrawn at the sole discretion of Woopla. Woopla will not be liable if The Site is unavailable for any reason and at any time.
Age. You must be at least eighteen (18) Years of age, or such higher minimum legal age of majority as stipulated in the jurisdiction of Your residence, to maintain an Account, make purchases or claim any sweepstakes prizes. Failure to comply with this condition will result in the closing of Your Account and forfeiture of all Standard Funzpoints or Premium Funzpoints.
You further represent and warrant that all information you supply to Us is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of Your participation and forfeiture of any Standard Funzpoints and Premium Funzpoints, at Woopla's sole discretion, to the extent legally permissible.
Excluded States. The Funzpoints Service is available to individuals who are legal residents and located within the United States at time of purchase or play, with the exception that purchases, use of the games and participation in the Sweepstakes Promotions is not available to Users in Washington or Idaho.
NO PURCHASE IS NECESSARY TO ENTER OR WIN any of the Sweepstakes Promotions offer via Funzpoints. SWEEPSTAKES VOID WHERE PROHIBITED. OFFICAL SWEEPSTAKES PROMOTIONAL RULES APPLY.
You are only allowed to have one Funzpoints Account. If you open more than one Account, it is Your responsibility to advise customer support by email at firstname.lastname@example.org so that the additional Account(s) can be closed. If we notice that you have multiple Accounts, we may deactivate all Accounts, following which a single Account may be reactivated at the sole discretion of Woopla.
Woopla uses third-party services to process debit card and credit card transactions.
Your payment information will not be stored with Us. Our payment service providers are PCI compliant, ensuring the security of Your credit card transactions.
Any purchases that you make should only be made with credit or debit cards in Your name. If the name on Your Funzpoints profile Account differs from the name on the card(s) that you use, Your transaction may be declined and Your Funzpoints Account may be temporarily deactivated. It is Your sole responsibility to ensure that you are using a valid and authorized card for purchases. Woopla uses third-party systems to monitor transactions for fraudulent activity and money laundering. If Your Account is flagged for suspicious or improper activity, Your transaction will be declined and Your Funzpoints Account may be deactivated. In such circumstances, We will not be obligated to refund any purchases or redeem sweepstakes prizes. Furthermore, we will cooperate with all authorities including financial institutions and law enforcement agencies and will provide all necessary information for their investigation.
Woopla does not extend credit for any reason whatsoever.
Funzpoints.com is not a subscription service. Each purchase is deemed a separate and independent transaction. Each transaction shall require separate authorization and verification.
Woopla may terminate any User's access to The Site in its sole discretion, at any time and for any reason, with or without prior notice. It is Woopla's policy to terminate Users who violate these Terms as deemed appropriate in Woopla's sole discretion. Woopla also reserves the right to terminate Accounts with offensive Display Names. You agree that Woopla is not liable to you or any third party for any termination of Your access to The Site.
If you process any chargebacks, Your Account will be immediately suspended, Your Funzpoints balances may be voided, and you will not be eligible to redeem Premium Funzpoints for any prize.
If you are found to have multiple Funzpoints Accounts, all Accounts may be permanently deactivated.
If you communicate with us in an offensive, defamatory, abusive, or threatening manner, we reserve the right to deactivate Your Account.
If Your Account is flagged for fraudulent activity, Your Account will be immediately deactivated and any redeemable Premium Funzpoints will be forfeited.
If you would like to close Your Funzpoints Account, please submit a request to email@example.com with the subject ACCOUNT DEACTIVATION. Your Account will be deactivated within 24 hours from acknowledgement of Your request. You may be able to reactivate Your Funzpoints Account again by submitting a formal request by email. If Your request is approved, Your Account will be reactivated within 72 hours.
Woopla uses a third party agency to perform verification checks using the personal information that you provide in Your Account profile. You will not be permitted to collect any sweepstakes prize winnings until you have successfully completed the verification process. The information that you provide in Your Account profile must be identical to the information on Your government issued identification.
To facilitate collection of prizes, you agree to provide current, accurate and complete personal information, and it is Your responsibility to contact us to update that information if it becomes out of date in order to remain eligible for collecting prizes.
Woopla uses third-party services to provide payments. When processing payments with the third party payments provider, you will be asked to provide the routing number and Account number. This information will be passed to our third party payments provider, which connects to payment services and bank Accounts to enable the transfer of funds. By accepting these Terms, you authorize Woopla's payment providers to initiate transfers to Your financial institution.
It is Your sole responsibility to ensure that you have a bank Account to which you can transfer Your sweepstakes prize winnings.
Payment of prize winnings may be delayed if there are any issues with verifying Your personal identification
From time to time, the bank transfer functionality may be temporarily unavailable while we perform enhancements, upgrades, or general maintenance. You may experience some delays in receiving prize winnings to Your bank Account when the bank transfer functionality is unavailable.
The Site has tools to help you manage Your game play so that you can focus on having fun. The Spend Limits feature allows you to set a limit and stick to it.
You can take a break from game play by voluntarily self-excluding Yourself from The Site for a defined period of time. Once you set Your self-exclusion time period, you will immediately be logged out of The Site and you will not be able to log in until Your set time has expired.
If you wish to permanently close Your Account, you can submit a request to firstname.lastname@example.org and Your Account will be deactivated within 24 hours.
Users have a personal, non-exclusive, non-transferable right to use and access the Content of Funzpoints subject to these Terms of Service. The term "Content" means all information, images, text, links, data, software, or other material accessible through The Site, whether created by Woopla or provided by another person for display on The Site. At times, The Site may act as an intermediary between customers and other companies who provide advertising and other content to enhance the user experience. The Site may direct customers to websites that promote or sell products and services. Woopla is not responsible for any issues related to those products and services including but not limited to billing, payments, shipping, the quality of the product or service, or any misrepresentation of the product or service. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Woopla reserves the right to make changes to document names and content, specifications or descriptions of products and services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on The Site, subject to the following conditions:
Nothing contained on The Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use The Site or any Content displayed on The Site, through the use of framing or otherwise, except: (1) as expressly permitted by these Terms of Service; or (2) with Woopla's prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on The Site.
Any products, service, discount prices, promotions, coupons and bonuses that are displayed on The Site by third party companies ("Offer" or "Offers") for the benefit of Users are available for a designated period of time. Woopla cannot verify all information provided by third party companies and errors in reporting, gathering, and displaying such information may occur. Funzpoints Users understand and agree that Woopla shall not be liable related to availability or accuracy of any Offers. Any prices listed on Offers are the responsibility of the advertiser and may represent a comparative price estimate and may or may not represent the prevailing price in every geographic area on any particular day. Please note that taxes and other charges may be applicable and applied by the relevant gaming company in connection with any Offer and The Site refers you to their Terms and Conditions.
BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT) WOOPLA, ITS AFFILIATES, AND SUBSIDIARY COMPANIES, AGENTS, EMPLOYEES, OFFICERS, PAYMENT SERVICES, DIRECTORS, CONSULTANTS, SUPPLIERS, ADVERTISERS, PROMOTERS, PARTNERS, AND THEIR AGENTS, EMPLOYEES, OFFICERS, AND DIRECTORS FROM ANY AND ALL THIRD PARTY CLAIMS AGAINST WOOPLA RELATED IN ANY WAY TO YOUR ACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE SITE.
By accessing the Services, you agree to abide by the following standards of conduct. You may only use The Site for lawful purposes. You agree that you will not, and will not authorize or facilitate any attempt by another person to use The Site:
You also agree not to access without authority, interfere with, damage or disrupt:
The parties agree that this Agreement and related Services are governed by and construed in accordance with the laws of the State of Delaware USA without regard to its principles of conflicts of law.
Unless otherwise noted, all Content contained on Funzpoints is the property of Woopla, licensors or affiliates and is protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions and treaties, and other intellectual property laws. All such rights are reserved. Offer names are trademarks or registered trademarks of their respective owners.
Woopla does not claim ownership of Content submitted by Users but Users understand and agree that such Content may be made publicly accessible through The Site. By submitting such Content, you agree to grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to distribute, use, reproduce, adapt, modify, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until We delete the Content from its systems.
Woopla requires Users to respect the intellectual property rights of others. If you are the owner of copyright, and you believe that Your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:
Before you file Your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Woopla Inc. 292 Charlotte Street Sydney, Nova Scotia B1P 1C7 Canada
You are solely responsible for protecting Your login, password and profile details from unauthorized use (including preventing the use by persons under the age of 18), and you are solely responsible for all activity that occurs on Your Account. You agree to notify Woopla immediately if you believe that Your Account has been or may be used without Your permission so that appropriate action can be taken. Woopla is not responsible for damages or losses caused by Your failure to safeguard Your login and/or password.
You agree to not misuse The Site by knowingly introducing worms, viruses, trojans, logic bombs or other material which is technologically harmful or malicious. You agree to not attempt to gain unauthorized access to The Site, the server on which The Site is stored or any computer, server, or database connected to The Site. You agree to not attack The Site via a denial-of-service attack or a distributed denial of service attack. Woopla will not be liable for any damage or loss caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer software, hardware, equipment, mobile device, computer programs, data or other proprietary material due to Your use of The Site or to Your downloading of any material posted on or linked to The Site.
You agree that you will not participate in any unlawful activity on the Funzpoints platform. You agree not to use illicit funds on the Funzpoints platform, including the form of money laundering or any other type of financial crime. You agree that you will only use cards that you are authorized to use. You agree not to modify or tamper with any documents that you provide for verification purposes, including identification documents. You agree not to set up multiple Accounts for the purpose of exploiting special offers.
Account transactions are continually monitored for fraudulent activity and money laundering. If Your Account is flagged for suspicious or improper activity that is in violation of these Terms of Service, Your Account will be immediately deactivated, and We will not be obligated to refund any purchases or redeem sweepstakes prizes. Furthermore, we will cooperate with all authorities including financial institutions and law enforcement agencies and will provide all necessary information for their investigation.
Restriction on Sale or Transfer by Users. Your Account and the Services provided to You through Your Account are provided solely for Your individual entertainment. You acknowledge that Funzpoints have no value and may not be used for any purpose other than playing games. You may not sell lease, assign or otherwise transfer Your Account, passwords or access to Your Account, or any Standard or Premium Funzpoints associated with Your Account to any other person. Any transactions between you and any other person other than Woopla regarding Your Account is strictly prohibited and shall not be allowed or honored by Woopla. Any attempt by You to do so is in violation of these Terms of Service and shall result in termination and forfeiture of Your Account, and may result in a lifetime ban from the Services and possible legal action.
You understand and agree that all sales of Standard Funzpoints and Premium Funzpoints are final and that Woopla is not required to provide a refund for any reason.
Termination or Suspension of Accounts Forfeiture. You agree further that all Standard Funzpoints and Premium Funzpoints are forfeited if Your Account is terminated or suspended for any reason, in Woopla's sole and absolute discretion, or if the Services are no longer available in Your jurisdiction. To the extent legally permissible, if Your Account, or a particular subscription for the Service associated with Your Account, is terminated, suspended and/or if any Standard or Premium Funzpoints are selectively removed or revoked from Your Account, no refund will be granted, no Standard or Premium Funzpoints will be credited to you or converted to cash or any other forms of reimbursement.
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF WOOPLA, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF WOOPLA AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID WOOPLA IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
THE MATERIAL AND OFFERS DISPLAYED ON FUNZPOINTS.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW AND WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, WOOPLA, AFFILIATES, AND SUBSIDIARY COMPANIES AND THIRD PARTIES CONNECTED TO FUNZPOINTS HEREBY EXPRESSLY EXCLUDE:
EXCEPTIONS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
PLEASE READ THESE PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH WOOPLA AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS PROVISION APPLIES TO ANY CLAIMS YOU MAY CURRENTLY POSSESS AND ANY CLAIMS YOU MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF SERVICE IN ORDER TO USE THE SERVICES, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST WOOPLA OR ITS AFFILIATES OR EMPLOYEES. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST WOOPLA BY SOMEONE ELSE.
ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Whether to agree to arbitration is an important decision. It is Your decision to make and you are not required to rely solely on the information provided in these Terms of Service. You should take reasonable steps to conduct further research and to consult with counsel (at Your expense) regarding the consequences of Your decision.
Scope of Arbitration Provision. You and Woopla agree that any and all past, pending, or future claims, disputes, and causes of action arising out of or connected with this Sweepstakes, any prize awarded, the determination of the winner, or these Terms of Service (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) (a "Dispute") shall be resolved individually, without resort to any form of class action, and exclusively through final and binding arbitration, except that you and Woopla are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, You and Woopla agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Dispute.
Waiver of Class Relief. Whether the Dispute is heard in arbitration or in court, you agree that you and Woopla will not commence against the other a class action, class arbitration, mass action or other representative action or proceeding, and shall not otherwise participate in such actions. You and Woopla are each waiving respective rights to participate in a class action. By accepting this agreement, you give up Your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these Terms of Service.
OPTION TO OPT OUT. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO email@example.com CONTAINING YOUR FULL NAME, RESIDENCE ADDRESS, AND THE WORDS "OPT OUT" IN THE BODY OR SUBJECT LINE OF THE EMAIL. EMAILS SENT TO OPT OUT AND RECEIVED BY US AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE UNDER ANY CIRCUMSTANCES.
Location of Arbitration and Applicable Rules. You and Woopla agree that such arbitration shall occur in Wilmington, Delaware. You may appear in such proceedings telephonically. You and Woopla agree that such arbitration shall be conducted by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association ("AAA"), as modified by these Terms of Service.
Confidentiality. You and Woopla shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Woopla will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying Your own attorneys' fees. Each party shall bear its own costs in the arbitration proceeding.
The parties acknowledge that the agreement in this Section to arbitrate any Disputes on an individual and case-by-case basis is a separate agreement for purposes of the Federal Arbitration Act in addition to the Terms of Service. The alleged invalidity of the Terms of Service shall have no effect upon the validity of our mutual agreement to arbitrate any Disputes under this Section. In addition, If any portion of this section entitled "Arbitration Dispute Resolution and Class Action Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 29 of this Agreement.
One-Year Statute of Limitations. You and Woopla agree that any claims, regardless of form, arising out of or related to the Services or these Terms of Service must BE FILED within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
The Site may contain links to third party websites and mobile applications that are provided to you as a convenience. Any third party website or mobile application accessed from The Site is independent from The Site, and Woopla has no control over the content of such third party websites or mobile applications. Woopla is not responsible for the content of any linked third party website or mobile application or for any loss or damage incurred in connection with Your use of such third party websites or mobile applications or dealings with the operators of such third party websites or mobile applications.
Users may include a link to The Site in social media channels provided that it does not suggest association or endorsement on Woopla's part. The Site must not be listed on any website or mobile app without the approval and consent from Woopla. Permission to link to The Site can be withdrawn at any time, and at the sole discretion of Woopla, without notice. If you wish to make use of any Funzpoints material other than as set out above please contact us by email at firstname.lastname@example.org.
In no event shall any reference to any Offer be construed as an approval or endorsement by Us of that third party or of any offer provided by a third party. Likewise, a link to any third party website or mobile application does not imply that Woopla endorses or accepts any responsibility for the content or use of such a website or mobile application. Woopla does not endorse, warrant, or guarantee any Offer through The Site and will not be a party to or in any way monitor any transaction involving any third-party providers of Offers. As with the purchase of an Offer through any medium or in any environment, you are responsible for exercising appropriate caution and judgement.
In the event of flood, fire, earthquake, accident, epidemic, explosion, or other act of God, act of public enemy; act of government, including any governmental order, regulation or order of any court of competent jurisdiction; strike, lockout or other labor dispute; civil or riot commotion; war (whether declared or undeclared) or armed conflict; acts of terrorism; enactment of, rule, or order or act of government or governmental instrumentality (whether federal, provincial, provincial, state or local); or other cause of similar or different nature beyond Sponsor's control (all of which events are referred to herein as "force majeure events"), Sponsor shall have the right to terminate this Sweepstakes drawing without further obligations, if any, hereunder, or at Sponsor's sole option, to suspend the Sweepstakes drawing for a period equal to the duration and the effect of the duration of any such force majeure event.
If for any reason any provision of the Terms of Service or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms of Service will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms of Service which shall continue in full force and effect. Headings and captions are used in these Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision or portion of a provision hereof. These Rules can only be amended or modified in any way by a duly authorized representative of Sponsor.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THESE TERMS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND WOOPLA WITH RESPECT TO THE SERVICES, AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS.
California Notice. Under California Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N - 112, Sacramento, CA, 95834, or by telephone at 1 (800) 952-5210.
Contact Information. If you have any questions about these Terms of Service, please contact us at email@example.com.