Terms of Use

Revised July 28, 2017

Welcome to Pinyada (hereinafter referred to as "Pinyada," "Company." "we," "us," or "our"). Before you begin to use the Pinyada App (the "App"), please take a moment to review these terms and conditions ("Agreement"). By submitting any information through the App, you agree to be bound by these terms and conditions and the Pinyada Privacy Policy http://pinyada.com/privacy which is incorporated by reference. The Agreement describes the terms and conditions which govern your use of the App which may be updated by us from time to time without notice to you by posting changes at http://pinyada.com/terms. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms and Conditions of Use.

SUMMARY OF ELIGIBILITY FOR CONTINUED USE OF THE APP

  1. To be eligible to use the App, you must: (i) be at least 18 years of age and reside in the United States; (ii) have an active email address; (iii) be the only person with an account using your mobile device; (iv) provide only true, accurate, current and complete information; (v) maintain and promptly update the information that you provide to keep it true, accurate, current and complete; (vi) use the membership solely for your own enjoyment and not on behalf of or for the benefit of any third parties; and (vii) limit your registration to one account per household. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN ACCOUNT TERMINATION AND FORFEITURE OF ANY REWARDS ACCUMULATED.
  2. By downloading or otherwise accessing the App, you agree to be responsible for maintaining the confidentiality of your account and for restricting access to your mobile device. You also agree to be responsible for any and all activities that occur on your account. You must notify us immediately of any unauthorized use or security breach on your account.
  3. You agree that we will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions and you will indemnify, defend and hold Pinyada harmless for any actions you take that do not comply with these terms.
  4. Neither Pinyada nor the use of the App are in any way sponsored, endorsed by, or affiliated with Apple. Apple terms of use and policies apply.
  5. Corporate or other business entities are not eligible to use the App. The App is for personal use only.

SUMMARY OF CLAIMING YOUR REWARD.

  1. To claim your reward you must perform all of the following: (i) create a Pinyada account by signing up through Facebook Connect or Google and providing and submitting Your correct name, email address, mobile device information and required demographic information and downloading the App; (ii) complete offers and earning reward points; (iii) use accurate information on the advertiser sites and complete all of the advertiser’s required steps. Failure to complete all of these steps will result in termination of your membership and all previous completed offers will be forfeited.
  2. Offer requirements will vary and completing some offers may require a purchase to qualify. Completion of any credit card application offer will require you to activate the card by making a purchase or balance transfer.
  3. Once you have met all the offer requirements listed above you will be credited points which can be redeemed for cash in your Paypal account. Point credits will vary depending on the offer.
  4. We reserve the right to substitute any reward with another reward having similar functionality and/or value or with its cash equivalent as determined by us in our reasonable discretion.
  5. Please allow up to seventy-two (72) hours for points to post to your account. If, after this time you believe you have completed an offer and have not received credit, please contact us at [email protected]. We reserve the right to hold credit for any reason, including, but not limited to, incomplete or fraudulent information, improper browser and cookie settings and advertiser reporting problems.
  6. You may view the status of your account and completed offers by viewing the My Account section. If you have additional questions relating to your account you may contact us at [email protected].

POINT SYSTEM

  1. Pinyada allows you to accrue points for each offer you complete. Note that each offer may only be completed once. You will not receive credit for duplicate offer completions. Point allocation will vary by offer. Points available for any offer will be posted with the offer.
  2. You must earn a minimum of 1,000 points for the option to check out and receive a payout through Paypal. You must have an active US-based Paypal account. You will be paid One Dollar ($1.00) for every 100 points accrued. You may be required to provide additional information upon checking out. Once you check out, your point total will be reduced by the amount of points redeemed.

GENERAL TERMS AND CONDITIONS

1. LEGAL AGREEMENT.

YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY http://pinyada.com/privacy THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE APP.

2. USER AGREEMENT.

Upon entering the requested account information and accepting an offer, our technology will provide you access to third party advertiser campaigns, websites, and apps. Those third parties may contact you regarding your request for their services or products. This may be done automatically and a new window may appear or the provider may contact you directly by phone, email or mail as set forth below. If you have authorized push notifications, we may send you notifications of new offers available on third party sites. Push notifications are not required for use or functionality of the App.

You expressly give your permission for such third parties to contact you by mail, email, text messaging or mobile phone. By registering and using the Pinyada App, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list you have authorized us and third parties to contact you via telemarketing which may include text messages and calls to your mobile device using an auto dialer.

Moreover, by accepting an offer you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party provider for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by us or such third-party provider in accordance with the ATSR including auto dialed calls. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the App, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using the App, terminating your account, and providing a written request revoking all consent to be contacted by us.

References to any names, marks, products, or services of third-parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third-party, its information, products, or services. Pinyada is not responsible for the content of any third-party linked site or any link contained in a linked site. Your use of a third-party site linked from the App is at your own risk and will be governed by such third-party's terms and policies.

You represent and warrant that: (i) You are at least 18 years of age, possess the legal authority to enter into an agreement and to use the App in accordance with these Terms and Conditions and are a resident of the United States; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You understand and agree that Company may share personally identifiable information and other information provided by, and aggregated information about you and other users with its vendors, sponsors, providers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that Company believes are able to provide its App users with offers and opportunities, as more fully described in the Company’s posted Privacy Policy http://pinyada.com/privacy; (iv) Upon entry of the requested information, you will be provided direct access to third party websites with information regarding their products and services. Company shall not be responsible for any third party contact with you or any subsequent agreement you may enter into with such Provider; (vii) You also give us permission to send you periodic updates of services and products which may be of interest to you through email, mail, push notifications, or telemarketing including auto dialed calls and text messages to your mobile device; (viii) You understand that our providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our providers, you agree to notify the provider directly.

  1. We operate the software underlying and required for your use of the App from the United States of America. If you do not reside in the United States, you are not authorized to use the App.
  2. Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We will not have any responsibility or liability for any carrier, internet or other costs you may incur.
  3. You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App save as may be permitted by these Terms of Use.

  4. You agree not to access without authority, interfere with, damage or disrupt:

    1. any part of the App;
    2. any equipment or network on which the App is stored;
    3. any software used in the provision of the App; or
    4. any equipment or network or software owned or used by any third party.
  5. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
  6. You agree to comply at all times with any instructions for use of the App which we make from time to time.
  7. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Availability of the App, Security & Accuracy

  1. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
  2. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also terminate your account for any reason at any time without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, suspend or withdraw access to the App, or terminate your account, you must not attempt to use the App under any other name or user or on any other mobile device. If your account is suspended or terminated, you will forfeit all accrued points.
  3. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
  4. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.

We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.

Independence from Platforms

  1. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").
  2. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.
  3. The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.

3. REJECTION, TERMINATION AND CANCELLATION.

Company or a participating provider may reject any registration or subsequent application from any person with or without cause at their sole discretion. Your account creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your account at any time by sending an e-mail to [email protected]. Any points you may have accrued up to the date of rejection, termination, or cancellation will be forfeited.

4. MARKETING MATERIALS.

By signing up with Pinyada, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers via push notification through the App, email, or telemarketing including auto dialed calls or text messages to your mobile device. If you do not wish to receive these messages, you may request to be removed by using the opt-out mechanism provided in the messages you receive.

5. PROHIBITED CONDUCT

You are prohibited from pirating, copying, or otherwise reproducing the App in any format. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable US laws and with local laws in your state of residence (together referred to as "Applicable Laws").

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or (b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or (c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

6. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE/APP ACTIVITIES

The App may display and make available content, promotions, advertisements, and offers provided by third parties ("Third Party Promotions"), as well as goods and services offered by third parties ("Third Party Products"). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites/Apps for whom Company displays offers ("Third Party Website/App Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website/App Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website/App Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website/App Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website/App Activity.

7. RELATIONSHIP WITH MARKETING PROVIDERS.

Pinyada is not affiliated with any of the listed products or services for which you will receive offers. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by the offering entities. Pinyada is not an agent, broker, or principal for any offering entities.

8. LINKED APPS/WEBSITES.

You may be able to link to third parties’ Apps and Websites ("Linked Apps/Websites") from the App. Linked Apps/Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Apps/Websites, or any additional links contained therein. Except as otherwise noted on the App, these links do not imply Company endorsement of or association with the Linked Apps/Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Apps/Websites, the Linked Apps/Websites themselves, your participation in activities on such Linked Apps/Websites, or the information, material, products or services accessed through these Linked Apps/Websites. You should direct any concerns to that App’s administrator or webmaster.

9. INTELLECTUAL PROPERTY RIGHTS.

The App contains intellectual property owned by Company. As between Company and you, Company is the sole owner of the App. Other materials on or available through the App or Linked Apps/Websites, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Website Content") are owned by Company.

Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website Content or the App unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website Content or the App, to defeat or circumvent Company security features, or to utilize the Website Content or App for other than its intended purposes is strictly prohibited and your breach of these terms will immediately forfeit your right to use the App.

10. DISCLAIMER OF WARRANTIES.

Company is not responsible for any problems, errors or technical malfunction of any network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Linked App/Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the App or Third Party Promotional Activity.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE CONTENT, THE APP, LINKED APPS/WEBSITES, OR THIRD PARTY WEBSITE/APP ACTIVITY; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE APP OR THE WEBSITE CONTENT LINKED APPS/WEBSITES, OR THIRD PARTY WEBSITE/APP ACTIVITY WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE APP OR WEBSITE CONTENT OR LINKED APPS/WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. LIMITATION OF LIABILITY.

You hereby release Pinyada, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, with your use of the App, the Website Content, the Linked Apps/Websites or the Third Party Website/App Activity.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE "AS IS," AND "AS AVAILABLE." YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE APP OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE WEBSITE CONTENT OR THE APP. LINKED APPS/WEBSITES, OR THIRD PARTY WEBSITE/APP ACTIVITY. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE WEBSITE CONTENT, LINKED APPS/WEBSITES, THIRD PARTY WEBSITE/APP ACTIVITY OR OUR AGREEMENT WITH YOU CONCERNING ANY OF THE FOREMENTIONED, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS ($150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

12. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. MONITORING USAGE.

You agree that Company may electronically monitor the App and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the App; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.

14. INDEMNITY.

You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with, or as a result of your use or inability to use the App, Linked Apps/Websites, the Website Content, Third Party Website/App Activity or any information provided to you through the App, Linked Apps/Websites, the Website Content, Third Party Website/App Activity or for any violation of these Terms and Conditions by you.

15. RELEASE.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE APP AND/OR LINKED APPS/WEBSITES, OR THIRD PARTY WEBSITE/APP ACTIVITY. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF MICHIGAN CIVIL CODE SECTION 1542, WHICH PROVIDES; "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

16. DEALINGS WITH THIRD PARTIES.

Your correspondence or business dealings with any third parties as a result of your use of the App, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, including, but not limited to Third Party Website/App Activity, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on any Linked App/ Website or Third Party Website/App Activity.

17. DISPUTE RESOLUTION.

These Terms and Conditions are a legal agreement. This Agreement will be interpreted in accordance with the laws of the State of Michigan, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to use of the App, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in Oakland County, Michigan. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of Michigan, Oakland County, or the United States District Court for the Central District of Michigan. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of Michigan, Oakland County, or the United States District Court for Michigan: (i) any dispute, controversy, or claim relating to or contesting the validity of Company's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.

RIGHT TO OPT OUT OF ARBITRATION - If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 60 days after signing this Agreement or your rejection of arbitration will not be effective. You must send your request to: [email protected]. Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company’s Terms and Conditions."

18. WAIVER AND SEVERABILITY OF TERMS.

The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

19. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between you and Company and governs your use of the Pinyada Website and App, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.

20. STATUTE OF LIMITATIONS.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE APP, THE LINKED APPS/WEBSITES, OR THIRD PARTY WEBSITE/APP ACTIVITY OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.