MULTIKRD TERMS AND CONDITION

Updated December 12, 2020

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

BY CLICKING TO AGREE WITH RESPECT TO THESE TERMS AND CONDITIONS, AND/OR YOUR OTHERWISE ACCESSING AND USING THIS WEBSITE (WWW.MULTIKRD.COM) (THE “SITE”) OR DOWNLOADING, INSTALLING OR USING THE MULTIKRD SOFTWARE APPLICATION (THE “APP”),  YOU (“YOU” OR “USER”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH INCORPORATE AND INCLUDE THE MULTIKRD PRIVACY POLICY (THE “PRIVACY POLICY”), AND YOU CONSENT TO USE OF YOUR INFORMATION AS DESCRIBED IN THE PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK TO AGREE AND DO NOT USE THE SITE OR THE DOWNLOAD THE APP OR USE ANY OF THE SERVICES PROVIDED BY THE SITE OR THE APP (COLLECTIVELY, THE “ONLINE SERVICES”).

These terms and conditions (“Terms and Conditions”) constitute a legal agreement between you and Multikrd, LLC (“Multikrd,” “we” or “us”) for the use of the Site and the App and the Online Services.  You represent and warrant that you are over the age of eighteen (18) and have the capacity and authority to bind yourself and agree to these Terms and Conditions.  If you register to use or use the Site or the App or any of the Online Services on behalf of an entity, you represent and warrant that you have legal authority to bind such entity to these Terms and Conditions, and in such event the terms “you” and “your” also refer to such entity, except that if you do not have actual legal authority to bind such entity, you are and shall be personally bound and liable under these Terms and Conditions and you agree to indemnify us with respect to any claims, losses, expenses (including, without limitation, legal expenses), damages or other liability (collectively, “Claims”) arising or resulting therefrom.  We shall not have any liability for any Claims arising or resulting from reliance on any representation, warranty, agreement, instruction, notice or communication received from you whether on your own behalf or on behalf of any entity.

UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AFTER YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURES SPECIFIED IN THE ARBITRATION TERMS PROVIDED IN SECTION G BELOW, AND EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN SECTION G BELOW, YOU AGREE THAT ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND MULTIKRD OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION DISPUTES OR CLAIMS RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SITE, THE APP AND/OR THE ONLINE SERVICES (EXCEPT AS OTHERWISE PROVIDED IN SECTION G BELOW) AND ANY OTHER DISPUTES OR CLAIMS BETWEEN YOU AND MULTIKRD OR ANY OF ITS AFFILIATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES EXCLUSIVELY IN HOUSTON, TEXAS, AND YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST MULTIKRD OR ANY OF ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 

If at any time after reviewing or using the Site or the App or any of the Online Services you wish to terminate your use of same, you must un-install and remove the App from your device and delete any copy of the App in your possession or control and cease access to or use of the Site and the Online Services.  You agree that information collected from you or your phone or other device before your un-install, remove or cease to use the App can still be used in accordance with our Privacy Policy.

You acknowledge and agree that we may modify these Terms and Conditions and/or modify or discontinue any of the Online Services at any time with or without notice and we shall not be liable to you or any third party for any such modification or discontinuance.

Table of Contents

The table of contents below and its corresponding sections provide detailed information about the Multikrd Terms and Conditions:

1. Privacy Policy
2. Multikrd Services

C.    Discount Benefits Available via Multikrd; Employee Wage Access Services Provided Separately by MK Financing

1.  Membership Registration

2.  Membership Benefits-Basic Membership; Premium Membership; Fees

a.  Discount Benefits

b.  Cash Back

c.  Employee Wage Access Program Services

d.  Membership Refund Policy

3.  Membership Conditions

4.  Membership Changes

D.  Use of the Site and App

1.  Authorization to Access and Use Site and/or App

2.  Website Changes, Misprints, Errors & Cancellations

3.  Passwords & Security

4.  Intellectual Property

a. Trademarks

b. Restrictions on Use

c. Copyright Infringement Claims

d. Software

5.  Third Party Links, Websites and Services

6.  Submissions

7.  Cookies

8.  Policies and Enforcement

9.  Children

10.  Additional Terms Required by Clever Technologies

    a.  Member Accounts, Passwords & Security

    b.  Eligibility

    c.  Cashback

    d.  Maintaining an Account

    e.  Fraudulent Activity

    f.  Merchant Terms

E.  Disclaimer

F.  Limitation of Liability

G.  Applicable Law, Arbitration; Class Action Waiver; Limitation of Actions

H.  Termination of Site Access or Third Party Discount Benefits Service Provider, Merchant Website Access or MK Financing Wage Access Services Access

I.  Notices; Consent to Email Communication and Calls/Texts

J.  Legal Equivalency of Electronic Documents and Communications

K.  Severability

L.  Force Majeure

M.  Waivers

N.  Indemnification

O.  Changes to Terms and Conditions and Policies

P.  Survival

Q.  Contact Us

 

1. Privacy Policy

Multikrd respects the privacy of our users.  The Multikrd Privacy Policy is posted via a link located at the bottom of the home page of the Site and is incorporated into these Terms and Conditions by this reference.  Our Privacy Policy describes our policies regarding the collection, receipt, access, storage, sharing, processing, disclosure, transfer and use of “Personal Information” (i.e., data that can be used on its own or with other information to identify you) that you provide to us when you use this Site, the Online Services, the App, products, tools, features, and any other content or website provided, operated or owned by us, as well as the various means by which we collect, receive, access, store, share, process, disclose, transfer and use your Personal Information, and your choices regarding collected Personal Information. 

You must read and agree to the Privacy Policy before and as a condition to using the Site, the App or any Online Services or otherwise interacting with us.  By using the Site, the App or any Online Services and/or clicking to agree to these Terms and Conditions, you agree to our Privacy Policy and consent to the treatment of your Personal Information and other information as described therein.

1. Multikrd Services

Multikrd has arranged for your employer to obtain membership for discount/benefit programs for products and services (“Discount Benefits”) from independent third party service providers such as HSP EPI Acquisition LLC d/b/a Entertainment (“Entertainment”), Access VG, LLC d/b/a Access Development (“Access”), and/or Clever Technologies, LLC (“Clever Technologies”) in order to provide you with access and use of said Discount Benefits.  Your employer has contracted with Multikrd to provide these benefits to you in your capacity as an employee of your employer during your employment with your employer. 

The Discount Benefits are provided to you by Entertainment, Access, Clever and/or such other third party service providers that we may engage to provide the Discount Benefits to you, each through a website controlled and operated by the applicable third party service provider, although the applicable website may be private labeled with Multikrd branding or otherwise display our branding for advertising purposes.  When you select a particular discount, coupon, product or service that you wish to purchase or otherwise acquire, you will transfer to the applicable Discount Benefits provider or merchant website via a link from the Multikrd Site and will complete your transaction directly with the applicable merchant.  You acknowledge and agree that we do not control and are not responsible or liable for any content, products or services provided by such third parties on their respective websites, or any with respect to any transactions or other interactions that you have with any such third parties or their respective websites or involving any such products or services.

Some of the Discount Benefits offered provide cash back on purchases.  The amount and timing of cash back payments is determined and paid by Multikrd to your designated bank account or debit/credit card.  The terms and conditions are set forth below.

MK Financing, LLC (“MK Financing”), which is an independent contractor service provider affiliated with Multikrd, has also separately contracted with your employer to provide you with wage access services through which you may obtain access to your accrued earned wages in advance of your next paycheck for wages from your employer subject to the MK Financing Wage Access Service Terms of Service.  A summary description of the MK Financing wage access services is provided below, but please refer to the complete MK Financing Terms of Service for the complete terms and conditions.  The wage access services do require payment of funds transfer processing charges and a wage access program participation charge as described below and are not provided without charge to you. 

 

1. Discount Benefits Available via Multikrd; Employee Wage Access Services Provided Separately by MK Financing

Multikrd contracts with third party Discount Benefits service providers such as Entertainment, Access and Clever Technologies to provide you and your employer’s other employees with access to discounts from affiliated establishments.  Your employer has contracted with Multikrd to provide you with access to the basic Discount Benefits program (the “Basic Membership”) as a benefit of your continued employment with your employer.  You may also purchase a premium Discount Benefits program (the “Premium Membership”) which is an enhanced version of the basic Discount Benefits program with an expanded selection of Discount Benefits as described further below.  The Discount Benefits include discount offerings available locally, nationally in the U.S. and Canada for things such as dining, attractions, activities, shopping, services, travel and more.  Certain of the Discount Benefits offered include cash back on purchases.  In order to access the Discount Benefits, you must register with Multikrd as a “Member.”

As a Member of Multikrd, if your employer has contracted with MK Financing for wage access services, you may also elect to use wage access services provided through MK Financing.  MK Financing is an independent company that provides wage access services exclusively for eligible Multikrd Members, coordinated with the applicable Member’s employer.  The Discount Benefits you receive through Multikrd are independent from and unrelated to wage access services provided by MK Financing, and use of the MK Financing wage access services is not a condition to receiving Discount Benefits via Multikrd, or vice versa.  However, if reimbursement for a wage access transaction (including the amount of the accessed wages and applicable funds transfer processing charges, expedited processing charges and wage access program participation charges) is not received from your employer or your employer’s payroll processing service provider in accordance with the wage access service terms, you may be unable to use the Multikrd Online Services until such reimbursement is received.

1. Membership Registration

In order to use the Online Services you must register for an account.  When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information.  You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.  When you register, you will be asked to provide a password.  You agree to: (a) create only one account (unless specifically approved by Multikrd in writing); (b) provide accurate, truthful, current and complete information for your account; (c) maintain and promptly update your account information and payment method information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and otherwise not permitting third parties to access or use your account; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account at: contact@multikrd.com; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all purchases and other transactions or activities that occur under your account username and password, whether or not you have authorized the activity, and indemnify Multikrd with respect to any Claims arising from or related to any use of your account, whether authorized or unauthorized.  If you purchase any products or services via the Online Services (including, without limitation, any purchases using the Discount Benefit services provided by third party service providers and/or wage access services provided by MK Financing), you authorize Multikrd and/or the applicable third party suppliers and their designated payment processors to store and use your payment information and other related information for payment processing purposes.  Multikrd reserves the right, exercisable as it determines in its sole and absolute discretion, to suspend, disable or terminate access to your account based on suspected or actual unauthorized use or other violation of these Terms and Conditions or any of the other agreements, terms and conditions applicable to any products or services you purchase or otherwise use via the Online Services.  If you access the Online Services from outside the United States, you consent to the transmission and/or transfer of data relating to your user account and communications and transactions relating to Products purchased via the Online Services across all applicable international boundaries. 

2. Membership Benefits-Basic Membership; Premium Membership; Fees

The Membership includes access to offers at participating merchants in the U.S. and Canada.  Your employer has engaged Multikrd to provide the Basic Membership to its employees.  You have the option of purchasing a Premium Membership which is an enhanced version of the basic Discount Benefits program with an expanded selection of Discount Benefits:

1. Discount Benefits

Both the Basic Membership and Premium Membership provide:

• Online Retail and Travel savings
• Printable coupons
• Offers redeemable through the App (available for Apple® and Android® devices)
• Cash back on selected items

Basic Membership:  No additional charge-see Basic Membership Offerings for offerings included.

Premium Membership:  Requires payment of an annual Membership fee or a monthly Membership fee.  The Premium Membership fee is less if paid annually in advance than if paid monthly in advance.  See Premium Membership Offerings for offerings included.  If you purchase a Premium Membership, you will be required to select whether you wish to pay annually or monthly and whether you wish to have the payments deducted from your designated checking account or charged to your designated credit card.  If you purchase a Premium Membership, you acknowledge and agree that you are agreeing to an automatic recurring payment plan.  Payment is required in advance of the applicable annual or monthly period of service. 

If you select the Premium Membership, you acknowledge and agree you will be charged and will pay the first month’s or year’s Premium Membership fee, as applicable as part of your registration for Premium Membership.  You expressly authorize Multikrd to automatically debit your bank account, credit card, debit card or other payment method provided by you on the payment due date provided to collect the Premium Membership fees.  You may cancel at any time by requesting cancellation in writing to MultiKrd by email or regular mail using the contact information for MultiKrd provided in the “Contact Us” section of these Terms and Conditions located at the end of these Terms and Conditions.  All payments shall be in U.S. dollars.  In addition, you acknowledge and agree that you shall pay and be solely responsible for payment of and Multikrd may charge you for any applicable taxes, duties and other regulatory or governmental charges.  In the event that a governmental authority determines that taxes are due, you agree that we may invoice you for such taxes after the sale and you agree to pay same.  You also acknowledge and agree that the monthly or annual Premium Membership fees will be automatically charged every month or year, as applicable from the credit card, debit card or bank account or other payment method that you provide to us. If the effective date falls on a weekend or holiday, they understand that the payments may be executed on the prior business day.  Further, you represent and warrant that you are the holder of the credit card, debit card or bank account or other payment method provided.  You agree to keep your payment method information complete, accurate and current at all times, and agree to promptly update all such information as necessary for the processing of all payments that are due to Multikrd.  You agree to promptly notify Multikrd if your specified payment method is closed or otherwise terminated or if you become aware of a potential breach of security related to your payment method.  Your designated payment method will continue to be used unless and until Multikrd receives written notice of a change and you shall pay all such charges.  In the event that we receive changes to your payment method information, you authorize us to use such changed payment method information to charge applicable subscription fees and/or other fees and charges. 

If Multikrd uses a third party payment processing service provider, you agree to comply with the terms and conditions of use of such payment processing service provider.  If payment is not received by Multikrd or is cancelled, stopped or otherwise reversed or charged back against Multikrd you agree to directly pay all amounts due upon Multikrd written demand for same, via another credit or debit card, bank wire transfer or other immediately available funds.  If for any reason Multikrd is unable to charge your credit card or other payment method for the full amount owed for purchased products or services, or if Multikrd receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your credit card or other payment method, you agree that Multikrd may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate suspension of your account and/or cancellation, without notice to you, of any products or services.  Multikrd also reserves the right to charge you reasonable additional service fees for (i) additional time and/or costs Multikrd may incur as a result of your noncompliance with this Agreement (as determined by Multikrd in its sole and absolute discretion); (ii) third party or other claims relating to your use of the Online Services or purchase or use of any products or services; (iii) recouping any and all costs and fees, including, without limitation, legal expenses, incurred by Multikrd due to chargebacks or other payment disputes or charged by your bank or credit card or other payment processor. These additional service fees will be billed to the credit card or other payment method you have on file with Multikrd.  Past due payments shall accrue interest at the rate of one and one-half percent (1 1/2%) per month or the applicable maximum legal rate, whichever is less, until the past due balance together with accrued interest has been paid in full.  You agree that if any such charge is dishonored, whether with or without cause and whether intentionally or inadvertently, none of Multikrd, or the bank or credit card company shall be under any liability whatsoever even though it may result in forfeiture of your insurance or other benefits or products or services.  You agree that Multikrd is authorized to contact you via phone, text or email regarding payments.

      

All offers, coupons and purchases of any products or services are between you and the applicable merchant and not Multikrd and we do not control and are not responsible or liable in any way with respect to any of same.

1. Cash Back

Some of the Discount Benefit items offered via the Clever Technologies platform provide cash back when you purchase the applicable item from the applicable merchant.  The amount of cash back is determined by Multikrd and is specified for the applicable eligible items.  The cash back amount is transferred to your designated deposit account after Multikrd receives its referral commission from Clever Technologies for the applicable purchase by you from the applicable merchant via the Clever Technologies interface with Multikrd and the merchant.  You are required to designate a bank account or debit/credit card account for use as the deposit account for cash back payments when registering for Multikrd Membership.  You are solely responsible for any bank or third party service provider fees associated with the transfer and receipt of funds into your designated deposit account, which may be deducted from the cash back amount.  Multikrd receives compensation for referring buyers to the participating merchants for the initial transaction but has no financial interest in any cash back.  Multikrd allocates a portion of its referral compensation on your purchase transaction as the cash back amount paid to you. Participation and the opportunity to earn cash back on purchases are offered at the sole discretion of Multikrd and is subject to your compliance with these Terms and Conditions.

In order to be eligible to receive cash back on purchases via the merchant offerings provided via the Clever Technologies platform, you must have an active Membership account and a valid email address at which you can receive email communications, be signed into the Site, use the shopping links within the Site, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link.  If you visit other sites before completing your purchase or use coupons not provided via the Site or use a third party browser extension/add-on, your purchase might be associated with a service other than Multikrd and you might not earn cash back on your purchase.  If you disable “cookies” on your computer, you will not be able to earn cash back because cookies are used to authenticate the user and verify whose Membership account is eligible.

Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime.  You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.

Any cash back is earned only on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Unless otherwise implied, purchases of gift cards do not qualify for cash back.  Cash back amounts vary by merchant and product category and may contain exclusions in the terms of the offer and/or the applicable merchant page.  You are solely responsible for reviewing and understanding the terms of the offer and exclusions, if any.  Cash back payments are made in U.S. Dollars via the payment option designated by you.  You may select or change your payment options in your account settings through the Site.  The timing of cash back payments depends on when Multikrd receives its referral fees for the applicable transaction from Clever Technologies.  Generally, the cash back will be available approximately forty-five (45) days after your purchase date, but the time period may vary depending on each merchant’s policy.  We reserve the right to delay cash back payment for any purchase based on changes to merchant or Clever Technologies policies at any time.  We also reserve the right to modify the payment schedule at any time.  We are not responsible for payments delivered to the wrong address through no fault of ours or for payment errors made by payment processing service providers.  You agree that no interest shall accrue or be payable on delayed cash back payments.

You agree that in the event that you return or cancel your purchase from a merchant for which a cash back amount has accrued or been paid, we may, in our sole discretion, deduct cash back payments from your account to make adjustments for such returns and cancellations, and you hereby authorize us to make such adjustments, deductions, chargebacks or setoffs.  Any such adjustments will be made from your designated account in accordance with these Terms and Conditions, any other applicable Multikrd policies and terms, the terms of the merchant offer and any and all applicable laws, rules and regulations. 

The determination of whether a purchase made through a merchant is eligible for cash back is at the sole discretion of Multikrd.  If a merchant or Clever Technologies fails to report a transaction to us or fails to make payment to us for any reason, we reserve the right to cancel the cash back associated with that transaction. It is your responsibility to check your account regularly to ensure that cash back payments have been properly credited and paid and that your account balance is accurate.  If you believe that a cash back payment has not been correctly credited to your account, you must contact Multikrd within ninety (90) days of the transaction.  In addition, we may make account adjustments for any cash back payment that we or the applicable merchant or Clever Technologies determine to be fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms and Conditions or our agreement with Clever Technologies, or any other applicable law or regulation.  Should you disagree with any adjustments made to your account or payments made to you, you agree that your sole remedy is to stop using the Site and the Online Services.  You may be taxed on your receipt of cash back payments depending on the tax laws of federal, state and local jurisdictions.  You will be solely responsible for any and all tax liability arising out of the payments received.

1. Employee Wage Access Program Services

You acknowledge that the employee wage access services are provided separately by MK Financing, not by MultiKrd, and agree that any issues, disputes or claims related to any wage access transactions are between you and MK Financing, not MultiKrd.  You agree that MultiKrd shall have no obligation or liability with respect to any wage access transactions and agree to not assert any claims against MultiKrd related thereto.  The MK Financing wage access services are only available where permitted by applicable laws and are provided by MK Financing only for employees in those states where MK Financing is authorized to provide such services.  Please refer to the MK Financing Wage Access Terms of Service for the complete terms and conditions for the employee wage access services.  Below is a summary:

Requirements.  In order to use the Wage access services, you must be at least 18 years of age and a resident of the U.S.  You must have a valid government issued driver’s license or official valid identification with photograph issued by a government agency, and must have an active bank or debit/credit card account that accepts electronic transfers, and a working phone number and email address for verification.  You must specifically select activation of wage access services when registering to become a Multikrd member, or if not selected as part of your initial registration, you must update your registration information to activate wage access services for your account.  You must be actively employed by your employer who has engaged MK Financing for provision of wage access services to its employees and in good standing, with accrued pay that is not subject to any garnishment order, lien, judgment or other encumbrance, for which a wage access transaction can be made.

By activating wage access services, you consent and agree to disclosure by your employer to MK Financing of your bank account information, debit/credit card, paycheck, wage, salary and/or other compensation information, including whether you are an hourly, exempt or non-exempt employee, your payday and the amount of accrued pay information with your employer and/or your employer’s payroll processing service provider.  You are required to click to reaffirm your agreement and consent to the MK Financing Terms of Service each time you submit a request for a wage access transaction. 

Employee Wage Access Request Processing.  When you request an earned wage access transaction, MK Financing will request that your employer and/or its payroll processing service provider verify and confirm to MK Financing your employment, pay check, wage, salary and/or other compensation information and your accrued earned wages up to the day of the wage access request.  MK Financing will determine, in its sole and absolute discretion, the amount of wage access that it will provide to you based on the accrued earned wages.  The maximum amount of wage access requested and/or provided at any time will be equal or less than your accrued wages as of when the applicable wage access transaction is made. 

You will have the right to decide whether to proceed with the wage access transaction or cancel the proposed wage access transaction by clicking the applicable button on the system screen.  Before you click to proceed with the wage access transaction, you will be presented with a screen requiring you to click to agree to the wage access terms with MK Financing as well as the MK Financing Terms of Service and the MK Financing Privacy Policy, and agree that the wage amount accessed, plus funds transfer processing charges (including expedited processing charges if you request expedited processing) plus a reasonable program participation charge as described in the “Transaction Costs and Charges” section below based on the transaction cost for disbursement of the wage access amount (which will be specified on the applicable user screen before you click to agree to proceed with the applicable wage access transaction), will be deducted from your wages from your employer to reimburse MK Financing for the wage amount accessed plus such transaction costs and charges.  Thereafter the amount of the approved wage access will be transferred to your designated bank or debit/credit card account, and the wage access amount that is transferred to your account, plus such transaction costs and charges will be deducted from your next paycheck from your employer in full. 

The timing of a standard non-expedited wage access funds transfer varies but is approximately three (3) business days after you submit your online request to proceed with the wage access transaction.  You can also obtain expedited processing for an additional expedited processing charge (which will be specified on the applicable user screen when requesting expedited processing) within one (1) business day by requesting and authorizing the expedited charge for same when submitting your online request to proceed with the wage access transaction.  MK Financing will notify your employer and/or its payroll processing service provider that the wage access transaction has been made, including the amount of the wage access and the funds transfer processing charges and program participation charge, and the corresponding amount of the wage access together with the applicable funds transfer processing charges and program participation charge shall be deducted by your employer and/or its payroll processing service provider from your next paycheck and shall be paid over to MK Financing on the applicable regular pay day established by your employer.

Your clicking to proceed with a wage access transaction constitutes your representation and warranty that the wages for which the wage access transaction is requested have been earned by you and are due to you and you have not received payment for such wages, and that you have the right to authorize MK Financing to make the wage access transaction and for the wage access transaction amount together with the funds transfer processing charges and program participation charge to be deducted from your next paycheck and paid over to MK Financing.  You agree to indemnify and hold us and MK Financing harmless from any claims or liability whatsoever related to your wage access transactions.

Your clicking to proceed with the wage access transaction also constitutes your unconditional express agreement to your employer to pay the wage access amount plus the applicable funds transfer processing charges and program participation charge in full to MK Financing, by deducting such amounts from your next paycheck.  You authorize your employer and/or its payroll processing service provider to deduct and pay the wage access amount plus the applicable funds transfer processing charges and program participation charge from your next paycheck over to MK Financing.  In the event that your employment is terminated before your next pay check, any wage access amounts as well as the applicable funds transfer processing charges and program participation charge shall be due immediately to MK Financing and shall be deducted from the next/last payment that you are entitled to receive from your employer. 

Transaction Costs and Charges.  MK Financing does not charge interest on the wage access transactions.  MK Financing will charge a processing charge, separately from the requested wage access transaction amount, equal to the amount that MK Financing is charged by its third party funds transfer processing service provider(s) for the applicable wage access funds transfers plus a reasonable mark-up of such funds transfer processing charges as a wage access program participation charge. The amount of such wage access program participation charge is determined by MK Financing based only on the transaction costs for disbursement of the applicable wage access amount and is specified to you in the wage access transaction screen(s) prior to your clicking to proceed with the applicable wage access transaction.  Additionally, wage access transactions for which you request expedited processing will require payment of an expedited processing charge according to the established charges set forth in the MK Financing website and specified to you in the wage access transaction screen(s) prior to your clicking to proceed with the applicable wage access transaction, which shall also be deducted from your wages when your employer regularly pays your wages.  Such transaction costs and charges are non-refundable.  See Section 4 of the MK Financing Terms of Service for additional terms regarding payment processing services provided by Flex Payment Solutions, Inc., the payment processing services provider for the wage access program transactions.

If reimbursement for a wage access transaction (including the wage amount accessed and the above-described transaction costs and charges) is not received from your employer or your employer’s payroll processing service provider in accordance with the wage access transaction terms, you may be unable to use the wage access services or the Online Services again until such reimbursement is received.

Consumer Notice:   Wage access transactions are made by MK Financing on behalf of your employer, as defined in the Fair Labor Standards Act, 29 U.S.C. 203(d), as part of your employer’s employee benefits program such that MK Financing will be provided information regarding your accrued wages as an employee of your employer.  The wage access is provided to you as an employee of your employer and the wage access transactions are made only against the accrued cash value of any wages that you have earned up to the date of the applicable wage access transaction.  The amount of wages accessed must not exceed your accrued wages.  Accrued wages are unpaid wages you are entitled to receive for work that you have already performed for your employer in the event of separation.  This amount is determined under applicable state law.

Each time that you request a wage access transaction, MK Financing warrants all of the following to you before the wage access transaction is processed:

(1)    You will not be required to pay any charges or fees in connection with the applicable wage access transaction other than the above-described funds transfer processing charges charged by third party funds transfer processing service providers and the wage access program participation charge described in the “Transaction Costs and Charges” section above, which is equal to a reasonable mark-up of such funds transfer processing charges.  The amount of such mark-up of the funds transfer processing charges is determined by MK Financing based only on the transaction costs for disbursement of the wage access amount and is specified to you in the wage access transaction screen(s) prior to your clicking to proceed with the applicable wage access transaction;

(2)    MK Financing and its business partners do not have any legal or contractual claim or remedy against you based on your failure to repay.  This provision does not prevent MK Financing from obtaining the above-described one-time authorization to seek repayment from your payroll account with your employer.

(3)    With respect to the amounts accessed, MK Financing will not engage in any debt collection activities if the wage access transaction amounts are not directly deducted from your wages or otherwise repaid on the scheduled due date;

(4)    MK Financing and its business partners will not place the wage amount accessed as debt with a third party or sell it as debt to a third party; and

(5)    MK Financing and its business partners will not report information to a consumer reporting agency concerning the wage amount accessed.

However, if reimbursement for a wage access transaction (including the amount of wages accessed and applicable funds transfer processing charges, program participation charges and expedited processing charges (if expedited processing is requested) is not received from your employer or your employer’s payroll processing service provider in accordance with the wage access terms, you may be unable to use the wage access services or the Online Services until such reimbursement is received.

A wage access transaction provides access to your accrued earned wages with your employer and result in receiving some or all of your accrued earned wages before your regularly-scheduled pay day, and the amount accessed will no longer be paid to you later on your regularly scheduled pay day.  They do not constitute long-term financial solutions.  In the event that you are facing debt and credit difficulties, you should seek out debt and credit advisory help.  Consumers are encouraged to consult their federal, state, and local government to learn more about the risks involved with wage access transactions, local laws and regulations governing wage access transactions, possible alternatives and recent developments in their state. 

1. Membership Refund Policy

Whether or not you utilize the Multikrd Discount Benefits services, MK Financing wage access services or any other Online Services is within your discretion.  You are not eligible for any refund or credit for the Basic Membership.  If you purchase a Premium Membership, you may cancel your Premium Membership at any time by providing written notice to us either by regular mail to Multikrd LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382 or by email to contact@multikrd.com.  We will provide a refund of fees paid in advance for the period remaining in the year or month for which advance payment was made, as applicable as of the effective date of termination.  Upon cancellation of the Premium Membership, your Membership will be converted to a Basic Membership unless your Membership is terminated entirely.

3. Membership Conditions

• You consent to receive emails and other communication related to Multikrd, and its affiliates and service providers (Examples: membership updates/announcements).
• You may only have one Membership Account and all of your transactions must originate from your own Membership Account.
• The barter, trade, sale, purchase or transfer for compensation of a Membership, in whole or in part or any of its offers, cards or coupons, is strictly prohibited, unless expressly authorized in writing by Multikrd.
• Membership and its offerings are intended for the personal Member use and are not valid with other discount offers or in other cities unless otherwise specified by Multikrd.
• The use of a Membership or any of its components or offers for advertising purposes, in any form or fashion, is strictly prohibited.
• Any use of an offer in violation of these Terms and Conditions or any terms and conditions, rules or policies of the applicable Discount Benefits service providers or merchants or MK Financing will render the offer VOID and Multikrd and such service providers or merchants may pursue all legal remedies available to them by law.
• Coupons and other offers may not be reproduced and are void where prohibited, taxed or restricted by law.
• You acknowledge that Multikrd is not the merchant for any product purchases made by you via your Membership and you agree that Multikrd shall not have any liability with respect to any products or services that you purchase from third parties.  All purchases are directly from the applicable merchant and are subject to the merchant’s own terms and conditions, including, without limitation, applicable payment, shipping, privacy, and return policies.  Please review the applicable merchant’s terms and conditions and privacy policy prior to making your purchase.
• Multikrd and its affiliates will not be responsible if any merchant or other establishment breaches its contract or refuses to accept the discounts/coupons/mobile offer or other benefits provided as part of the Discount Benefits; however, it will make a reasonable good faith attempt to resolve the problem with such merchant or establishment.  You agree that we do not and shall not have any liability, obligation or responsibility for any correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.  We are not responsible for changes to, discontinuance of, or any withdrawal of a merchant, product, service or discount from the Discount Benefits program offerings or for any effect on accrual of Cash Back caused by such changes, discontinuance or withdrawal.

4. Membership Changes

Multikrd may change any aspect of Membership or the Online Services by posting the changes online or by emailing, text messaging or otherwise corresponding with you.  If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF THE ONLINE SERVICES AFTER A CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.  IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CEASE USING THE ONLINE SERVICES.

 

D.  Use of Site and App

The Site and the App are operated by a U.S. entity for use within the U.S.  The laws of your jurisdiction may be different than the laws that apply to the Site.  Accessing the Site or using the App from outside the United States is done at your own risk.  You are solely responsible for compliance with jurisdiction laws.

1. Authorization to Access and Use Site and/or App

Multikrd grants you a limited authorization to access and make personal use only of the Site and/or the App.  Such authorization does not include, without limitation: (a) any resale or commercial use of the Site, the App or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the App, or any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site or the App, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials in any form or by any means, including, but not limited to, photocopying, recording other electronic or mechanical means or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site, the App or any Site Materials, and; (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site, the App or Site Materials or otherwise to collect any information from the Site the App or any other user of the Site or the App.  Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Multikrd or any third party.  You may not use any meta tags or any other “hidden text” utilizing Multikrd’s name, trademark, or product name without our express prior written consent. “Site Materials” means all materials on the Site or the App or any of the Online Services, including, without limitation, all Multikrd, merchant or other third-party trademarks, trade dress, designs, product descriptions, HTML text, graphics, photographs, codes, software, screen displays, layout, designs forms and the selection and arrangement thereof, or any other work of authorship.

We may terminate your authorization to use or access the Site and/or the App if you make or permit any unauthorized use of them.  Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.  We reserve the right to take legal action against you and/or any other violators and if your conduct is criminal, to have your and/or any other violators fully prosecuted.

2. Website Changes, Misprints, Errors & Cancellations

Multikrd: (a) cannot guarantee that the products or services advertised or offered on the Site or any of the third party Discount Benefit Service provider or merchant websites will be available, and makes no representations or warranties with respect to such products or services; (b) does not warrant that the Site Materials are accurate, complete, reliable, current or error-free; and (c) reserves the right to cancel, to terminate or not to process orders (including accepted orders) for any product or service offered on the Site where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies.  Multikrd does not warrant the correctness, completeness, merchantability or fitness for a particular purpose of any such data or content transmitted through the Online Services, or on any third party Discount Benefit Service, MK Financing, merchant or other website, and you shall hold Multikrd harmless from any and all claims arising out of any use or dissemination of any such user data or content, except to the extent such claims are the direct proximate result of Multikrd’s gross negligence or willful misconduct.  Multikrd may remove, modify or otherwise discontinue providing any products or services and/or any content on the Site or the Online Services at any time with or without cause and with or without notice, without any liability.  Information obtained via the Online Services is for your personal or internal business use only and may not be further reproduced, published, transmitted or disseminated without Multikrd’s prior written consent. 

3. Passwords & Security

You are responsible for maintaining the confidentiality of your password and for restricting access to your account and computer, and you agree to accept responsibility for all activities that occur on your account or with your password.  If the confidentiality of your account or password  is compromised in any manner, then you must notify Multikrd immediately.  Multikrd does not control the privacy and security of the third party Discount Benefit Service provider or merchant websites or the MK Financing site.  If the confidentiality of your account or password is compromised on the third party Discount Benefits Service provider or merchant websites or the MK Financing site in any manner, then you should notify the applicable third party service provider or merchant or MK Financing, as applicable, immediately.  Multikrd reserves the right to take all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, suspending access to or use of your account, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.  While Multikrd takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site.  For example, when Multikrd communicates with you via unencrypted email from time to time at your request and/or consent, the communication is not secure, is not stored securely, and the information contained may be viewed by others.  You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Multikrd may rely on the authority of anyone accessing your account or using your password, and in no event will Multikrd be liable to you or any third party for any liability or damage resulting from or arising out of: (i) any action or inaction of Multikrd under this provision; (ii) any compromise of the confidentiality of your accounts or passwords, and; (iii) any unauthorized access to your account or use of your password; (iv) any action or inaction by any of the third party Discount Benefits Service providers or merchants or MK Financing regarding your Membership or access to the Site, the App, or the applicable third party Discount Benefit Service provider, merchant or MK Financing websites or any products or services that you purchase thereon.

You may not tamper with the Site or the App or any of the Online Services, commit unauthorized intrusion into any part of Site or the Online Services or use the Online Services to intrude into any other site.  Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.  You acknowledge and agree that the Site and/or the Online Services may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and Multikrd shall have no liability with respect thereto.

4. Intellectual Property

All Site Materials are owned by us, our service providers, merchants, and/or others and are protected by United States and international copyright, trademark and other laws. © 2020 Multikrd, LLC.  All rights reserved.

a. Trademarks

MULTIKRD® and the MULTIKRD logo as well as the Site’s page headers, custom graphics, button icons and trade dress are owned by Multikrd and may not be copied, imitated or used, in whole or in part, without the prior written permission of Multikrd.  All other trademarks, registered trademarks, product names and company names or logos mentioned herein or appearing on the Site are the property of their respective owners.

b. Restrictions on Use

None of the Site content or materials or any intellectual property described in these Terms and Conditions may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Multikrd or the respective intellectual property owner, except that you may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only without further reproduction, distribution or display.  Any other use of the materials in the Site, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display without the prior written permission of Multikrd is strictly prohibited.

c. Copyright Infringement Claims

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Online Services.

THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS SITE.  ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

WHAT YOU MUST DO:

Written notification must be submitted to the following Designated Agent:

Service Provider:    Multikrd, LLC, www.multikrd.com

Full Address of Designated Agent to Which Notification Should be Sent:

    Multikrd LLC, 6700 Woodlands Parkway,

Suite 230-237, The Woodlands, Texas 77382

Email Address of Designated Agent:     legalnotices@multikrd.com

WHAT YOUR NOTIFICATION MUST INCLUDE:

To be effective, the notification must include the following:

1.    Your name, physical address, telephone number, facsimile number and/or e-mail address, and name of contact person if different from your name;

2.    Identification of the copyrighted work(s) claimed to have been infringed;

3.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4.    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law;

5.    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

6.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:

Upon receipt of the written notification containing the information as outlined above:

1.    Multikrd shall remove or disable access to the material that is alleged to be infringing;

2.    Multikrd shall forward the written notification to such alleged infringer; and

3.    Multikrd shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

HOW THE ALLEGED INFRINGER CAN RESPOND TO US:

The alleged infringer can respond by submitting a written counter notification to Multikrd’s Designated Agent.

WHAT THE COUNTER NOTIFICATION MUST INCLUDE:

To be effective, a counter notification from the alleged infringer must include the following:

1.    The alleged infringer’s name, address, telephone number and e-mail address;

2.    A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which Multikrd is located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;

3.    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

4.    A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and

5.    A physical or electronic signature of the alleged infringer.

WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:

Upon receipt of a counter notification containing the information as outlined above:

1.    Multikrd shall promptly provide the complaining party with a copy of the counter notification;

2.    Multikrd shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; and

3.    Multikrd shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that Multikrd’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on Multikrd’s network or system.

1. Software

The Site software, the App and any other software, including any files, images incorporated in or generated by any such software, and data accompanying any such software (collectively “Software”), that are used in, comprise or may be made available on the Site are made available only for use by you on a non-exclusive, limited, and revocable basis solely for your single use as one end user.  All other rights are reserved by Multikrd.  Multikrd shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

5.    Third Party Links, Websites and Services

Multikrd provides links and access to third-party websites or services that contain information that is provided as a service to those interested in the information, including third party Discount Benefit service provider websites, merchant websites and the MK Financing website. 

Multikrd makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of, or any representations made on, any web sites or online services accessible by hyperlink from the Site or from Multikrd’s communications to you via email or other electronic messaging.  Multikrd also makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, reliability, or representation of any web sites accessible by hyperlink from the third party Discount Benefits Service provider or merchant websites or any MK Financing website or any products or services provided thereat.  All of such third party Discount Benefits Service provider or merchant websites and the MK Financing website are controlled entirely by independent third-parties have their own terms and conditions and privacy policies which you are required to agree to as a condition to accessing and/or using the products and/or services provided by such third parties.  The applicable merchants vary from time to time and their websites are too numerous to list here and their terms and conditions and privacy policies must be reviewed when accessing such websites when making purchases of goods and services from such merchants.  Links to the current terms and conditions and privacy policies of our current third party Discount Benefits service providers and MK Financing are provided below:

Entertainment:

    Rules, Terms and Conditions of Use:  https://memberservices.entertainment.com/KnowledgeBase/Details/?id=145-ENTERTAINMENT%C2%AE-MEMBERSHIPS,-PRODUCTS,-AND-WEBSITE-Rules,-Terms,-and-Conditions-of-Use

    Entertainment® Offer Rules of Use:  https://memberservices.entertainment.com/KnowledgeBase/Details/?id=150

    Privacy Policy: https://memberservices.entertainment.com/KnowledgeBase/Details/?id=144 

Access Development:

    Terms of Use:  https://merchants.accessdevelopment.com/en-us/terms (terms for company membership).  Terms and conditions for end user are specified by the applicable merchant on its website. 

    Privacy Policy:  https://www.accessdevelopment.com/privacy-policy

Clever Technologies:

    Privacy Policy: https://clevergiver.com/privacy-policy

MK Financing:

    Terms of Service: https://www.multikrd.com/public/legal/mkfinancing/terms-and-conditions

    Privacy Policy: https://www.multikrd.com/public/legal/mkfinancing/privacy-policy

Additionally, our current payment processing service provider Flex Payment Solutions, Inc. has its own privacy policy is posted on its website at https://www.flexpaymentsolutions.com/privacy-policy-2/.

Your accessing and/or use of such third party sites and any products or services provided by such third parties is subject to such additional terms, conditions and privacy policies, each of which is incorporated herein by reference with respect thereto, and you acknowledge, agree and consent to same by accessing and using such third party sites and/or acquiring or receiving such products or services.

Multikrd neither regularly monitors nor assumes responsibility for the content of third parties’ statements or websites.  Multikrd makes no representations or warranties whatsoever regarding their representations, accuracy, or completeness of the information on these third party websites or with respect to any products, services provided by them or transactions between you and them.  You are solely responsible for paying all purchase prices, fees, taxes and other charges related to any products or services that you purchase or use on any such third party websites, and any disputes or claims related to any such purchases or transactions shall be addressed, resolved, asserted and/or litigated between you and such third parties and not with us.  You agree to not make any claims against Multikrd related to any of the above-referenced third parties or any of their products or services, any transactions or interactions with them, or the use of your information by them. 

6.    Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you by email or submissions to Multikrd, or postings on the Site or third party Discount Benefits Service provider or merchant websites (“Submissions”) are non-confidential (unless subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions.  You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidentiality or other duties on our part or on the part of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of attribution and integrity) are irrevocably waived, in favor of us and our assigns.

By using the Site, you agree not to do any of the following:

a)  Upload to, distribute or otherwise publish through the Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

b)  Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

c)  Upload or transmit any Content that may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.

d)  Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or otherwise send any false or misleading information.

e)  Upload to, distribute or otherwise publish through the Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent products, services, schemes or promotions.

f)  Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

g)  Harvest or otherwise collect information about others, including contact information.

h)  Violate any applicable laws, regulations or other legal requirements.

    We shall have no obligation to monitor the usage of the Site but reserve the right to review any communications or Submissions directed to the Site and to remove any of same at our sole discretion.  We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation or other legal requirement, legal process or governmental or law enforcement request, or to edit, or refuse to post or remove any information or materials, in whole or in part, in our sole discretion. 

7.    Cookies

When you use and access the Site and/or use the Online Services, we may place cookie files in your web browser.  Some of these cookies are essential and enable you to move around the Site and use its features, such as accessing logged in or secure areas.  Others help improve how the Site works or allow us to tailor the Site and the Online Services to provide enhanced features and content for you by remembering how you’ve customized the Online Services.  Cookies can also remember that your device has visited a site or service and track your device’s browsing activity.  This information may be shared with organizations outside Multikrd, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for providing aggregate service usage statistics and aggregate testing.

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

You can learn more about cookies in our Privacy Policy and the following third-party websites:

• All About Cookies: http://www.allaboutcookies.org/
• Network Advertising Initiative: http://www.networkadvertising.org/

8.    Policies and Enforcement

All access and use of the Site and the Online Services is governed by and subject to these Terms and Conditions and any additional policies that MultiKrd may implement by notifying you or posting them on the Site.  Multikrd may:

i.  Monitor any activity & content associated with any areas on the Site.

ii.  Access at any time and use internally for any lawful purpose and in accordance with our Privacy Policy information stored on our systems, including the content of any emails or other communications.

iii.  Disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a product faith belief that such disclosure is justified or required in an emergency.

iv.  Investigate any reported violation of our policies or complaints.

v.  Take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site, the third party Discount Benefits Service provider or merchant websites, MK Financing’s services and/or site and any other Online Services at any time, and block, remove or edit any communication and materials that Multikrd believes in its sole discretion may violate applicable law, the Terms and Conditions or a third party’s rights.

Multikrd takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

9.     Children

The Site, the App and the Online Services are designed for and intended for use by adults with legal capacity to enter into valid and enforceable agreements.  If you are under 18 or the applicable legal adult age in your jurisdiction, you may use the Site, the App and the Online Services only with involvement of a parent or guardian.  If you are a parent or legal guardian, you should not permit the use of the Site, the App and the Online Services by children, minors and others under your care and you agree to be solely responsible for any use of the Site, the App and the Online Services by them.

10.    Additional Terms Required by Clever Technologies

You agree to the following additional terms required by Clever Technologies with respect to its Discount Benefit services:

Shopper Rules & Eligibility

a.    Member Accounts, Passwords & Security.    You will access the Online Services via accounts created with the Multikrd.  You are responsible for maintaining the confidentiality of the password and account with Multikrd, and are fully responsible for all activities that occur using such password or account.  You agree to (i) immediately notify Multikrd of any unauthorized use of your password or account or any other breach of security of which you become aware, and (ii) ensure that you exit from your account at the end of each session.

b.     Eligibility.     Use of the Clever Technologies API is intended for residents of the United States, age 18 or older.  Your account will be tied to a User ID, which is the only information that Clever Technologies will have access to regarding you.

c.    Cashback.    Multikrd shall distribute all cash back to you based on the agreements that Multikrd has executed with you as determined by Multikrd.  You agree to look solely to Multikrd for distributing cash back and Clever Technologies shall have no liability for Multikrd’s failure to do so.

d.    Maintaining an Account.  You agree to keep your account information current, complete and accurate by periodically updating the information.  It is a violation of the agreement between Clever Technologies and Multikrd as well as these Terms and Conditions to create duplicate accounts, and each such violation shall result in suspension of duplicate accounts (and possibly your original account) and forfeiture of cashback attributable to such duplicate account(s).

e.     Fraudulent Activity.  Multikrd reserves the right to investigate any transaction, activity, or interaction with any merchant that Multikrd believes, in its sole discretion, is abusing or has abused the Multikrd Online Services.  Multikrd reserves the right to rescind any cash back, prohibit further cash back awards and/or bonuses, and/or terminate your account that Multikrd believes, in its sole discretion, is abusing or has abused the Multikrd Online Services, including, without limitation, by engaging in a pattern of returning products after the corresponding cash back has been credited or making fraudulent referrals by creating multiple accounts.  Multiple accounts with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals.  Any failure to comply with the agreement between Clever Technologies and Multikrd or these policies, any fraud or abuse relating to the accrual or receipt of cash back, may result in the termination of your account by Multikrd and forfeiture of your cash back by Multikrd.  If Multikrd has any reason to suspect fraudulent activity is associated with your account, Multikrd reserves the right to delay or withhold payment of cash back.  Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with Multikrd’s fraud process.  Multikrd’s decisions are final.

f.    Merchant Terms.  You expressly agree that any transaction is subject to the terms, conditions, rights and restrictions of the merchants, if any, in the Online Services.  Such additional terms are available through the Clever Technologies API.

CLEVER TECHNOLOGIES LOYALIZE™ API ACCEPTABLE USE POLICY

GENERAL

You agree to use the Clever Technologies Loyalize API in a manner consistent with any and all applicable laws and this Acceptable Use Policy (“AUP”).

This AUP may be revised at any time without prior notification and changes shall become effective immediately upon notice.  This version supersedes all previous versions.

ABUSE

You shall not modify, remove, efface, or hide, any disclaimers in information displayed via the API.  You shall not, and shall not permit others to: (i) damage, interfere with, or overload, the API; (ii) introduce into the API any code intended to disrupt operations; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the API; (iv) access the API by an unauthorized system, electronic agent, “bot” or other unauthorized automated means; (v) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the API for any reason; (vi) rent, sell or sublicense access to or any part of the API; (vii) provide any unauthorized third party with access to the API; (viii) access or attempt to access third party confidential information through the API; (ix) engage in any fraudulent, deceptive, or misleading activity through the use of the API; or (x) use manual or automated software, devices, or other processes, to “scrape,” “crawl,” “spider,” or index, any content from the API.

VIOLATIONS

In addition to any and all remedies at law or in equity, any intentional violation of any obligation under this AUP may result in but not be limited to any and/or all of the following:

1. immediate suspension of your access for an indefinite amount of time,

2. termination of your access, or

3. assessment of costs, fees and expensed for any damage to hardware and/or software, attorney’s fees, or time spent addressing such violations.

 

E.  Disclaimer

THE SITE, THE APP, THE ONLINE SERVICES AND ANY MATERIALS, PRODUCTS OR SERVICES, INCLUDING ANY PROVIDED VIA ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT OR MK FINANCING ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED BY MULTIKRD.  MULTIKRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT THERETO AND WITH RESPECT TO ANY SERVICES OR PRODUCT PROVIDED OR PURCHASED ON THE SITE OR VIA THE APP OR ANY SUCH THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT OR MK FINANCING.  MULTIKRD DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR ON ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR THE MK FINANCING WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  MULTIKRD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY RELATED THERETO.  MULTIKRD DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR MK FINANCING WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF MULTIKRD OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR THE MK FINANCING WEBSITE IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Multikrd.

 

F.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTIKRD OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SIMILAR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO MULTIKRD’S OPERATION OF THE SITE OR YOUR USE OF THE SITE, THE APP, ANY OF THE ONLINE SERVICES OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR THE MK FINANCING WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED BY THEM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF MULTIKRD (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO MULTIKRD’S OPERATION OF THE SITE, THE APP, ANY OF THE ONLINE SERVICES OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR THE MK FINANCING WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED BY THEM EXCEED $100.

THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR MULTIKRD’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD IN CONNECTION WITH OPERATING THE SITE.

 

G.  Applicable Law, Arbitration; Class Action Waiver; Limitation of Actions

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely performed within Texas, without resort to its conflict of law provisions or any other rule or interpretation that would result in the application of the laws of another jurisdiction.

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION TERMS PROVIDED BELOW IN ACCORDANCE WITH THE OPT OUT SECTION BELOW.

You and Multikrd agree that these Terms and Conditions affects interstate commerce and that the Federal Arbitration Act, governs the interpretation and enforcement of these arbitration provisions.

The term “Dispute” means any dispute, claim or controversy between you and us or our officers, directors, employees or agents, that arises out of these Terms and Conditions, or the use of the Site, the App, any Online Services, any claims against us related to any third party Discount Benefits Service provider or merchant website, MK Financing or any product, service or transaction or any other claims between you and Multikrd, regardless of legal theory, and includes claims that accrued before the date you entered into these Terms and Conditions as well as claims relating to the interpretation, validity, enforcement or scope of the Agreement to arbitrate disputes contained in this section.  The term “Dispute” is to be interpreted in the broadest sense allowed by law.  The only disputes excluded from this broad provision are claims that can be resolved in small claims court and intellectual property claims and claims by Multikrd for injunctive or other equitable relief as provided below.

Regardless of how, when or where you access the Site, by agreeing to these Terms and Conditions, you agree to resolve any and all disputes with Multikrd as follows:

Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration or litigation. You can reach Multikrd by email at legalnotices@multikrd.com  or by regular mail at Multikrd LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382.  Except for intellectual property and small claims court claims, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.

Binding Arbitration.  Unless you opt out of arbitration in accordance with the terms provided above, if we cannot resolve the Dispute with you within thirty (30) days of when we start informal Dispute resolution, then you and Multikrd agree that the Dispute shall be resolved exclusively by binding arbitration which may be begun by either you or Multikrd.  The arbitration shall be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect except as modified by these Terms and Conditions, and excluding any rules or procedures governing or permitting class or representative actions.  Said rules are posted at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

Opt-Out of Arbitration.  You may opt out of the binding arbitration described in this section by sending Multikrd written notice that you are opting out of binding arbitration (an “Arbitration Opt-Out Notice”) by email at  legalnotices@multikrd.com or regular mail at Multikrd, LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382 within thirty (30) days following the date you first agree to these Terms and Conditions.  If you don’t provide Multikrd with an Arbitration Opt-Out Notice within such thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions noted in the “Exceptions” section below.  Any Arbitration Opt-Out Notice received after such thirty (30) day period shall not be valid or enforceable.

In the event that you provide to Multikrd a timely Arbitration Opt-Out Notice or the arbitration terms of these Terms and Conditions are held not to be applicable, then you and Multikrd agree that the exclusive jurisdiction and venue for any Dispute will be the state and/or federal courts located in Houston, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  In such event, you and Multikrd further waive the right to a jury trial.

Starting an Arbitration.  To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the American Arbitration Association (see www.adr.org for the applicable address, or for online filing); and (c) send one copy of the Demand for Arbitration to Multikrd LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382 and a copy by email to legalnotices@multikrd.com.

You and Multikrd each understand that, absent the arbitration provision in this section, each has the right to sue in court and have a jury trial.  You also acknowledge that unless you opt out of arbitration in accordance with the opt-out terms provided above, you are giving up the right to a jury trial and understand that the costs of arbitration and right to pre-trial discovery is more limited than many courts permit.  The parties will either select one mutually acceptable arbitrator or, if the parties do not agree to a single arbitrator, each party shall select one arbitrator and the two arbitrators selected by the parties shall select a third arbitrator, and the arbitration shall be held before the three arbitrators, and shall be decided by vote of the three arbitrators with a vote of the majority of the arbitrators required for a decision.  UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND MULTIKRD, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, THE SITE, THE APP, ANY ONLINE SERVICES OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT OR THEIR WEBSITES, THE MK FINANCING WEBSITE OR ANY PRODUCTS, SERVICES OR TRANSACTIONS RELATED THERETO AND ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND MULTIKRD EXCEPT FOR THE EXCEPTIONS SPECIFIED BELOW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS PROVIDED HEREIN. UNLESS YOU PROVIDE AN ARBITRATION OPT-OUT NOTICE TO MULTIKRD IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND MULTIKRD ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY.  THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

Location of Arbitration.  You and Multikrd both agree that arbitration between Multikrd and you shall take place in Houston, Texas.

Class Action Waiver.  You and Multikrd agree that any and all arbitrations shall be conducted in their individual capacities only and not as a class action or other representative action, and you and Multikrd expressly waive the right to file a class action or seek relief on a class basis or any other representative basis.  Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction.  Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party.  No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.  YOU AND MULTIKRD 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, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.   

If any court or arbitrator determines that the arbitration, jury trial waiver or class action waiver provisions of these Terms and Conditions are void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

Exception:

Litigation of Intellectual Property and Small Claims Court Claims.  Multikrd may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property, and claims for injunctive or other equitable relief in the state or federal courts located in Houston, Texas, and you consent to such venue and personal jurisdiction therein for any such proceedings and waive any claim, argument or defense that such courts constitute an improper or inconvenient venue for such proceedings.  “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.  Either party may also seek relief in a small claims court located in Houston, Texas for disputes or claims within the scope of that court’s jurisdiction.

Survival.  This arbitration and class action waiver section will not be affected by any termination of your use of the Site, the App or any Online Services and will survive termination of the relationship between you and Multikrd.

 

H.  Termination of Site Access or Third Party Discount Benefits Service Provider, Merchant Website or MK Financing Wage Access Services Access

Multikrd may terminate your Membership and access to Discount Benefits and/or wage access services, including access to the Site, the App and/or third party Discount Benefits Service provider or merchant websites and/or the MK Financing website or services at its discretion without notice and for any reason.  Termination may be caused by conduct that we determine, at our discretion, violates these Terms and Conditions or any applicable law, involves fraud or misuse of the Membership, is harmful to our interests or another user or if Multikrd no longer offers these Benefits.  Other reasons for termination may include, but are not limited to: if any agreement between Multikrd and your employer to provide these Benefits is cancelled, if you leave your place of employment for any reason; if Multikrd winds down its operations or determines that it will no longer offer the Online Services; and/or if any agreement between Multikrd and any third party service provider related to the Online Services is terminated.  Multikrd may thereafter block or prevent future access to and use of the Site and the App or any of the Online Services.  Multikrd also reserves the right to block or prevent future access to and use the third party Discount Benefits Service provider or merchant websites or the MK Financing website or any products or services provided by them. 

 

I.  Notices; Consent to Email Communication and Calls/Texts

Each party may give notice to the other party by written communication sent by certified first class mail, return receipt requested, or via hand delivery or overnight courier, if to you, at the address you provided in your registration information, and if to us to Multikrd LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382, attn.:  Customer Service, or such other address as the applicable party may specify by providing written notice in accordance herewith.  Such notice shall be deemed to have been given upon the expiration of three (3) business days after mailing (if sent by first class mail), and upon delivery if sent by hand delivery or overnight courier.  We may also provide notice to you by means of a general notice posted on the Site or via the App or Online Services user screens or by email to your email address on file with your user registration information, and such notice shall be effective as of when posted or emailed.  You may also provide notices to us by email to legalnotices@multikrd.com.

When you visit the Site, or send email to us, you are communicating with us electronically.  You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Site. 

You may correct or update your contact information by contacting us at contact@multikrd.com or by regular mail to Multikrd, LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382.  Additionally, once you have created an account with us online, you may update your name, email address, phone number (if part of your account) and password by clicking signing in using your email address and password. 

You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, or leaving a telephone message with an email address for Customer Service to respond to a query about your account, as a request that we communicate with you by unencrypted email.  You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal or financial information) from time to time in an unencrypted manner.  You further acknowledge that emails sent with this information are not stored in a secure manner. 

By providing us with an email address, telephone number and/or other contact information when registering for a Member account, you agree to receive communications, including via-email and calls (including text messages and calls made using an autodialer or prerecorded voice message), from us or on our behalf (or our affiliates and our or their respective employees, contractors, agents, business partners or other third parties permitted to receive your information under Multikrd’s Privacy Policy) at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List.  These calls may be for information and marketing purposes, such as to provide you with information about products and services and to provide reminders of deadlines.  You are not required to provide your consent to these calls as a condition of any purchase on or through the Online Services, and you may revoke any consent for marketing messages, phone calls or text messages as described below.  Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

You agree that we may call and send SMS text messages to you regarding the Online Services and monitor and record any telephone calls made or received by us for our business purposes including quality assurance and to document your agreement to terms or actions.  You also agree that we may send text messages to you regarding wage access payment information, account information, due dates, delinquent accounts, program updates, promotions, coupons and other marketing messages. In order to access, view, and retain SMS text messages that we make available to you, you must have: (1) a SMS−capable mobile phone, (2) an active mobile phone account with a communication service provider; and (3) sufficient storage capacity on your mobile phone.  All SMS text messages from us to you will be considered “in writing.”  There is no service fee charged by Multikrd for SMS text messages but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider.  Other charges may apply, such charges may include those from your communications service provider.  Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages.  These charges will appear on your phone bill.  Message frequency depends on account settings.  Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state, or local law, regulation or ordinance.  SMS text messages are provided for your convenience only.  Receipt of each SMS text message may be delayed or impacted by factor(s) pertaining to your communications service provider(s).  We will not be liable for losses or damages arising from any disclosure of account information to third parties, non−delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the SMS text messages sent by us.  We may modify or terminate our SMS text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice.  You agree and consent to be contacted by us, MK Financing and its and their respective agents, employees, attorneys, affiliates, assignees, subsequent creditors, and third party collectors through the use of email, telephone and/or text or SMS messages to your cellular, home or work phone numbers as well as any other phone numbers you have provided in conjunction with any wage access amounts you receive, including the use of automatic dialing systems, autodialers or artificial or pre-recordings.

Opt-Out.  IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF.  IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.  IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR PHONE CALLS, YOU MAY ALSO EMAIL US AT CONTACT@MULTIKRD.COM WITH A REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER.  You understand and agree that you may: (i) continue to receive communications while we process your opt-out request, (ii) receive a communication confirming the receipt of your opt-out request, and (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to your account, or transactions through the Online Services.  To unsubscribe from email newsletters and promotional messages, you may also contact us by postal mail as follows:  Multikrd LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382 or by email to contact@multikrd.com.  Your withdrawal of consent will be effective only after we have a reasonable period of time to process your withdrawal. Please allow up to 5 days for our records to be updated. 

 

J.  Legal Equivalency of Electronic Documents and Communications

This electronic document and any other electronic documents, electronic communications, clicks to agree to same that are incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents, and; (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.  Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

You further acknowledge and agree that your action when clicking to submit or to consent to or agree to any terms, conditions or transactions constitutes your contractually binding agreement to the terms, conditions and/or transactions for which you clicked to submit, consent or agree to equivalent to your having manually executed and delivered a written agreement for same.

 

K.  Severability

Any Discount Benefits, cash back, or other Online Services offered by Multikrd and the wage access services offered by MK Financing are void where prohibited by law.

If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.  The provision held to be unlawful, void or unenforceable shall be modified if possible to the extent necessary to become enforceable and the modified provision shall be deemed to form part of these Terms and Conditions from inception without further action being required.

 

L.  Force Majeure

We will not be liable for any failure or delay in our performance under these Terms and Conditions or the provision of any Online Services or any other obligation due to any cause beyond our reasonable control, including act of war, acts of God, earthquake, storms or other weather or natural events, embargo, riot, sabotage, terrorism, epidemic, pandemic, labor shortage or dispute or other industrial disturbances, systemic electrical, telecommunications network issues, or other utility failures, governmental act or failure of the Internet, provided that we: (i) give you prompt notice of such cause, and (ii) use our reasonable commercial efforts to correct promptly such failure or delay in performance.

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M.  Waivers

No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.  No waiver shall be valid unless given in writing signed by us or posted by us on the Site in an update to these Terms and Conditions. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights.

N.  Indemnification

You agree to indemnify, defend, and hold harmless Multikrd, its affiliates and their respective employees, agents, successors, officers, managers, representatives, successors and assigns (collectively, the “Multikrd Indemnified Parties”) from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney’s fees and other legal expenses) that they may sustain or incur arising from your use of the Site, the App, any of the Online Services, your use of any third party Discount Benefits service provider or merchant website, the MK Financing website or wage access services, your purchase or use of any products or services provided via any such websites, or your failure to comply with any applicable laws and regulations, your breach of any of your representations, warranties or obligations set forth in this Agreement, or any other act or omission by you.  Notwithstanding the foregoing, you shall not settle any such claim, suit or proceeding without the written consent of the applicable Multikrd Indemnified Parties.  As used herein, “affiliate” means any person or entity directly or indirectly controlling or having the power to control, or controlled by or being under common control with another person or entity.  For this purpose, “control” means the direct or indirect possession of power to direct or cause the direction of the management or policies of such party, whether through ownership or stock or other securities, by contract or otherwise. Ownership of more than fifty percent (50%) of the beneficial interest of an entity shall be conclusive evidence that control exists. 

 

O.  Changes to Terms and Conditions and Policies

Multikrd may modify these Terms and Conditions at its sole discretion from time to time, and only Multikrd has the right to do so.  If the Terms and Conditions are changed, we will post the new Terms and Conditions on the Site and note the date they were last updated.  Any changes or modifications will be effective upon posting of the Terms and Conditions as revised, and your use of the Websites following the posting will constitute your acceptance of the new Terms and Conditions.  If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

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P.  Survival

The terms of Sections A, C.2.a (taxes, rights to collect unpaid amounts), D.4, D.5, D.6, E, F, G, and I-Q shall survive termination or your use of the Site, the App and the Online Services.

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Q.  Contact Us

If you are experiencing technical difficulties using the third party Discount Benefits Service provider or merchant websites, or the MK Financing wage access services, please contact the applicable third party service provider.  Entertainment may be contacted through its customer service link at (https://answers.entertainment.com) or by regular mail to Entertainment at 1401 Crooks Road, Ste. 150, Troy, MI 48084, attn.: Customer Service.  Access may be contacted through its customer service link at (http://accessdevelopment.com/contact) or by regular mail to Access Development, 1012 West W 2480 S, Salt Lake City, UT 84119, attn.: Customer Service.  Clever Technologies may be contacted by email to Customer.Service.Multikrd@loyalize.com or by regular mail to Clever Technologies LLC, 20 Trolley Sq., Wilmington, DE 19806, attn: Customer Service.  MK Financing may be contacted by email to info@mkfinancing.com or via regular mail to MK Financing, LLC, PO Box 131834, Spring, Texas 77393, attn.: Customer Service.

If you are experiencing technical difficulties using the Site or the App, please contact Multikrd by e-mail or postal mail as follows: Multikrd LLC, 6700 Woodlands Parkway, Suite 230-237, The Woodlands, Texas 77382 or by email to contact@multikrd.com.