Tadaw is a new way to interact with your built environment and earn cool prizes while you do it!
To access and use the Tadaw Services, you will create an account with us (“Account”) that will require information, such as your name, email address (or Facebook credentials), so we can administer and customize your experience with the Tadaw Services, and allow you to redeem Tadaw points. You agree that the information you provide us will be true, accurate, current and complete. You agree not to disclose your password to anyone else, and you also agree that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or Account. We are not liable for any loss or damage from your failure to comply with these requirements.
To create an Account and participate in the Tadaw Services, you must be a legal resident of the 50 United States (or the District of Columbia) who is at least 13 years of age or older at the time of registration. If you are younger than 18 years old, you need your parents’ consent because whenever a minor uses the Tadaw Services, the parent or guardian of that minor will be held responsible for the minor’s actions.
Always be safe when using Tadaw Services. This means it is strictly forbidden to use the app or other Tadaw Services while driving or operating any other mobility device.
Your use of the Tadaw Services is subject to your compliance with these Terms. To use the Tadaw Services, Tadaw hereby grants you a limited, non-exclusive, non-transferable, revocable license to download and install one copy of the app and access and use the Tadaw Services, solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the app for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the app, website, or Tadaw Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the app, website, or the Tadaw Services; (iv) make the functionality of the Tadaw Services available to multiple users through any means; (v) use multiple accounts, per individual user, per one device; (v) use the Tadaw Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms; or (vi) use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Tadaw Services, except as expressly permitted in these Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tadaw or its licensors.
You may earn points and other awards in a variety of ways as specified by Tadaw, such as video views, check-ins and other ways as indicated within the Tadaw Services.
Tadaw reserves the right to change, add or remove any award types, and the methods by which members can earn and redeem points or other awards, for any reason and without notice to you, in its sole discretion and at any time. All points, under all programs are rewarded on a “first come, first served” basis. Also, there are often limits on many times you can be eligible for points in various time periods (a day, a week, a month, etc.) for each action, and for each program (e.g. limits on how many times you may interact with a specific location). Eligibility requirements for all programs may change without prior warning. Be sure to check the app, or relevant pages within the Tadaw Services for the most up-to-date information.
Tadaw will not be liable for a failure to award points or other rewards under any circumstance, including due to errors in your mobile device or mobile network, failing to complete specific actions, failure to follow the stated directions or failure of a specified location or billboard to be available or accessible.
Once you have enough points, you may redeem them for gift cards or whatever other rewards are listed in the rewards section of the Tadaw Services at that time. To claim rewards with your points, click the selected item and follow the instructions to claim a reward. Points and other awards have no cash value, are not your property, cannot be sold, transferred, or assigned. Points may only be redeemed for Tadaw rewards offered within the Tadaw Services. Points and other awards may be revoked at any time by Tadaw for any reason and without prior notice.
Tadaw may modify the list of rewards periodically, and reserves the right to modify the points values of the rewards, and their applicable redemption at any time, including but not limited to devaluing points and rewards, for any reason. Tadaw is not the supplier of any reward, and is not liable or responsible for its fulfillment or proper condition or value. Please contact the supplier of the reward directly with any issues you may have.
You are responsible for the payment of any applicable taxes that may result from rewards received as part of the Tadaw Services. Rewards pictured within the Tadaw Services may not necessarily reflect exact colors or models of actual rewards due to model variations and/or manufacturer’s updates.
Some rewards require a unique code for redemption. Once the reward code is sent to you, Tadaw has no further responsibility for the reward value or the redemption process. Other rewards may require an account with the applicable reward provider, a mailing address to ship the reward, or other requirements. You are responsible for maintaining the accuracy of your information in your account and your account with the applicable reward provider. You further agree to provide additional information as Tadaw requests to verify your identity and administer your reward. Any failure by you to use, deposit or receive (due to an incorrect address, for example) and award is not Tadaw’s responsibility and Tadaw has no obligation to reissue any reward.
Tadaw reserves the right to refund points that were redeemed for unavailable rewards. All Tadaw Services rewards are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.
To receive rewards, you agree to comply with all applicable laws and to abide by the Tadaw rules and these Terms. Tadaw expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any prohibited conduct or violation of the Terms; you agree to provide your full cooperation and prompt repayment under such circumstances.
If you believe that points or other awards were not properly accrued to your account, please notify Tadaw by using the “Contact Us” form on the Website within 30 days of when you think the error occurred. Allow 30 days for any claims to be researched and corrected as needed. Tadaw’s determination will be final, and made in its sole discretion. Unfortunately, we cannot guarantee points or other awards you believe should have been accrued can be credited to you later, if Tadaw cannot determine the precise location you were in, or the action you took on the Tadaw app, at the time when you believe the points or other awards should have been credited.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO REWARD LINK: Reward Link is managed by Tango Card, Inc. Reward Links expire on the date stated on the Reward and are valid within the USA only. Reward Links are issued to Reward Recipient without charge for loyalty, award, or promotional purposes, and are not sold to consumers. Your Reward Link balance may be redeemed for national gift cards and can be accessed at any time by clicking the Reward Link URL. Reward can only be redeemed by the Reward Recipient; Reward cannot be transferred, sold or exchanged. All redemptions are final. Reward Link balances from different programs cannot be combined. No fees apply to Reward Link. Please treat like cash. Please view our full terms of service at https://www.rewardsgenius.com/reward-link-terms-of-service.
Tadaw reserves the right, in our sole discretion, to modify, discontinue or terminate any or all of the Tadaw Services, or modify the Terms at any time. For example, we reserve the right to charge a fee for using the Tadaw Services, devalue accumulated points and awards accrued in the future or retroactively, or cease the Tadaw Services. Changes will be posted on the website, app or via another form of notification, and by changing the date of last revision on these Terms. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted, or as quickly as permitted, and will apply to all users.
If any portion of this Agreement or any change to the Terms, website, app or Tadaw Services is unacceptable to you or will cause you to no longer be in compliance with this Agreement, you must cease using the Tadaw Services and, if applicable, terminate your account. If you choose to opt out of the Tadaw Services or are not in compliance with this Agreement, your points and/or other awards in your account will be forfeit.
You may terminate your account at any time and for any reason by deleting your account via the app or designated pages as detailed within the Tadaw Services[, or by sending Tadaw an email notice with the subject line “please cancel my Tadaw membership” to help@Tadaw.com and requesting to be removed from the Tadaw Services]. By canceling your Tadaw Account, your account will be terminated and may no longer be accessible, and all points and other awards and rewards are immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by Tadaw.
In the event that you breach these Terms, or for other improper conduct, at our sole discretion and without prior notice to you, we may immediately terminate your account or suspend your access to the Tadaw Services, and remove any points, material (including any User Content provided by you) from the website or app. As a result of any such termination, we may disqualify you from future participation in any of the Tadaw Services. Any suspension, termination or cancellation will not affect your obligations to Tadaw under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Upon termination, all licenses and other rights granted to you under the Terms will immediately cease, and you will forfeit all points and other awards accrued. We will not be liable to you or any other person for termination of your account or suspension of your access to the Tadaw Services. Upon any termination or suspension, any information (including User Content) you submitted to the Tadaw Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any other person.
NOTE: WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE APP FOR 180 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, YOUR ACCOUNT MAY BE TERMINATED AND ANY OR ALL POINTS, REWARDS, AND OTHER AWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED, WITHOUT NOTICE AND AT TADAW’S SOLE DISCRETION. SIMILARLY, IF POINTS ARE NOT USED OR REDEEMED WITHIN 180 DAYS AFTER THEY ARE AWARDED, ALL SUCH UNUSED POINTS MAY BE SUBJECT TO A FORFEITURE, AT TADAW’S SOLE DISCRETION.
By creating an Account and participating in the Tadaw Services, you agree to comply with the rules accessible through the Tadaw Services (“Rules”).
Your Obligations to Tadaw
By accessing and using the Tadaw Services, You agree to not:
(i) use the Tadaw Services to collect or store personal data about other users; (ii) upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Tadaw Services, or interfere with the access of any user to the Tadaw Services; (iii) circumvent, disable or otherwise interfere with security related features of the Tadaw Services or features that prevent or restrict use of any Content; (iv) use any meta tags or other hidden text or metadata utilizing a Tadaw name, trademark, URL or product name; (v) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Tadaw Services; (vi) attempt to or actually access the Tadaw Services by any means other than through the app or website; (vii) attempt to probe, scan or test the vulnerability of any shopkick system or network or breach or impair or circumvent any security or authentication measures protecting the Tadaw Services or the app; (viii) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any app or any web pages used to provide the Tadaw Services; (ix) use the Tadaw Services in any way that competes with Tadaw or use the Tadaw Services to gather data regarding Tadaw’s advertisers or its database of billboards, advertisements and other locations; (x) attempt to or acquire points, bonuses, other awards or any other type of awards other than in a manner consistent with the intended use of the Tadaw Services; or (xi) post any product review on a digital distribution platform for mobile devices (for example, any app store), which includes a referral or promo code for collecting or receiving awards through the Tadaw Services.
By accessing and using the Tadaw Services, you further agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the app, website, nor any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Tadaw Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Tadaw Services contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in the Tadaw Services are owned by or licensed to Tadaw. All Content is owned, licensed to and/or copyrighted by Tadaw and you may only use the Content in accordance with these Terms. In addition, the Tadaw Services includes descriptions and potential availability of products for purchase from third parties; Tadaw does control these third parties, and therefore quantity, selection, and price may vary by store location and online. All Content, whether protected by copyright, contract rights, or both, is provided to you AS-IS for your information and use only as permitted through the functionality of the Tadaw Services. We attempt to ensure all Content is complete and accurate, but despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content is complete, accurate, reliable or error-free.
By accessing and using the Tadaw Services, you agree that we may collect, use and disclose certain information about you, either provided directly by you or other parties, such as our service providers, or your friends who invite you to the Tadaw Services. We may use this information to contact you (via the website, app, phone, electronic mail, text or picture message, physical mail or otherwise) for the purpose of informing you of changes or additions to the Tadaw Services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some Messages you may receive are via your telephone. For example, you may receive push notifications directly sent to you outside or inside the app. In addition, if you provide a cellular phone number, by agreeing to these Terms and by providing consent when asked, you authorize Tadaw to send texts or calls to your phone using an autodialer or a prerecorded voice. We may also offer you the opportunity to invite your friends or contacts to download the Tadaw app and use the Tadaw Services. You may invite one or more of your friends or contacts using text messaging, email, social networks and other forms of communications. If you choose to send invitations you represent to Tadaw that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited, and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt in or out of these via the Tadaw Services or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Tadaw is not responsible or liable for sending any invitation messages; these are expressly sent by you should you choose to make invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Tadaw may be governed by rules that are separate from this Agreement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
If you accessed or downloaded the Tadaw app from an app store or distribution platform (such as the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), you acknowledge and agree that:
Tadaw reserves the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Tadaw, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY AND/OR ACCURACY OF THE CONTENT, APP, WEBSITE OR SERVICES, AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE OFFER THE CONTENT, APP, WEBSITE, SERVICES AND SHOPKICK PROGRAM ON AN “AS IS” BASIS AND DO NOT ACCEPT RESPONSIBILITY FOR ANY USE OF OR RELIANCE THEREON, OR FOR ANY DISRUPTIONS TO OR DELAY IN YOUR USE OF EACH. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPREHENSIVENESS, COMPLETENESS, QUALITY, TIMELINESS, ERROR-FREE NATURE, COMPATIBILITY, SECURITY OR FITNESS FOR PURPOSE OF THE CONTENT, APP, WEBSITE, OR SERVICES. Tadaw DOES NOT GUARANTEE THE ADEQUACY OF THE CONTENT, APP, WEBSITE OR SERVICES OR COMPATIBILITY THEREOF TO YOUR COMPUTER EQUIPMENT, DEVICES, MOBILE DEVICES, OR ENVIRONMENT AND DOES NOT WARRANT THAT THE CONTENT, APP, WEBSITE OR SERVICES, THEIR SERVERS, OR ANY MESSAGES WHICH MAY BE SENT FROM Tadaw ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Tadaw LIMITS OUR LIABILITY. IN PARTICULAR, Tadaw SHALL NOT BE LIABLE FOR ANY DAMAGES THAT WE CAUSE UNINTENTIONALLY AND WE SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED, PROVIDED THAT NOTHING IN THIS AGREEMENT WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. FOR EXAMPLE, WE SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE (WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE, KNOWN OR OTHERWISE): (I) LOSS OF REVENUE; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (III) LOSS OF THE USE OF MONEY; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OR CORRUPTION OF, OR DAMAGE TO, DATA, DEVICES, SYSTEMS, OR PROGRAMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS AS BROAD AS THOSE STATED ABOVE OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONTENT, APP, WEBSITE, SERVICES AND ANY SHOPKICK PROGRAM, OR WITH ANY CLAUSE OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY YOU MAY DISCONTINUE USING THE Tadaw SERVICES. ALTHOUGH Tadaw WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, YOU MAY BE LIABLE TO OTHERS AS WELL AS TO US IF YOUR ACCOUNT IS USED IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IN NO EVENT WILL Tadaw’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE Tadaw SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Tadaw FOR USE OF THE SERVICES OR CONTENT OR TWENTY DOLLARS ($20.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Tadaw, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Tadaw AND YOU.
You agree to defend, indemnify and hold harmless Tadaw, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Content, app, website and Tadaw Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, privacy or confidentiality right; (iv) any claim that your User Content caused damage to a third party or (v) any claim that you caused damage to a third party while using, or as a result of using, the Tadaw Services. This defense and indemnification obligation will survive this Agreement and your use of the Content, app, website and Tadaw Services.
The Tadaw Services may include descriptions and potential availability of products or services available for purchase from third parties. Tadaw cannot control these third parties and therefore quantity, selection, and price may vary by store location and online. Tadaw MAKES NO WARRANTY CONCERNING, IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE ANY THIRD PARTY PROVIDED GOODS OR SERVICES (INCLUDING GOODS OR SERVICES PURCHASED OR EARNED THROUGH THE Tadaw SERVICES), and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from shopkick.
By using the Content, app, website or Tadaw Services, you agree the Federal Arbitration Act, applicable federal law, and the law of the State of California, without regard to its principles on conflicts of laws, will govern this Agreement and your use of the Content, app, website and Tadaw Services, and any dispute of any sort that might arise between you and Tadaw.
If a dispute arises between you and Tadaw, you agree to first contact Tadaw Customer Support via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue within 30 days, then you and Tadaw agree that any dispute or claim relating to your use of the Tadaw Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Tadaw both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and shopkick each waive any right to a jury trial.
You and Tadaw 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, consolidated, or representative action. Further, unless both you and Tadaw agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Tadaw account.
Parties shall submit all available documents that support their claims, counterclaims or defenses at the time of submission of the initial claim or response thereto. Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator’s approval. The arbitration shall take place in Los Angeles, California. You and Tadaw shall each pay their own arbitration and hearing fees, costs, and expenses, including but not limited to fees, costs and expenses for attorneys, experts, discovery, and witnesses (as applicable). The arbitration shall be conducted by a single arbitrator. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Tadaw submit to the arbitrator. The arbitrator shall issue a written decision, which may include an award. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction. Information may be obtained at www.adrforum.com and claims may be filed electronically at email@example.com. After an arbitration is commenced, if the Claimant makes a written offer of settlement that is rejected by the other party (“Respondent”), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover his, her or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing a claim in arbitration up to $25,000. After an arbitration is commenced, if the Respondent makes a written offer of settlement that is rejected by the Claimant, and Claimant either does not prevail in arbitration or does not recover more in the arbitration than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to Claimant by the arbitrator), then Respondent shall recover his, her or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and defending the claim in arbitration up to $25,000. This agreement to arbitrate shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Voluntary and Knowing Waiver
BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT IN ANY REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
If Tadaw amends this “Disputes” section we will notify you and you may reject any such change by sending us written notice (including by email to [firstname.lastname@example.org]) within 30 days of the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this “Disputes” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the website and within the Tadaw Services, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by shopkick.
You agree that, regardless of any statute or law to the contrary, the dispute resolution process identified above applicable to any claim, dispute or controversy arising out of or related to this Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred; provided that this section shall not in any way limit the time in which claims for infringement or misappropriation of intellectual property rights may be brought.
Any written notices to Tadaw required under the Agreement shall be provided by registered mail with proof of delivery to Tadaw by email to email@example.com.
Last updated as of: February 11, 2020