WeSave Membership Terms
WeSave Rewards, LLC. and any parent company, subsidiaries and affiliates of WeSave (hereinafter the “Group”), intends to provide you with a unique and personalized shopping experience.
By agreeing to these WeSave Membership Terms (hereinafter the “Membership Terms”) and creating your own WeSave account (your “Account”), you may use your Account and all related products and services provided by WeSave (together, the “Membership Service” or simply, the “Services”).
ATTENTION! ONCE YOU CHECK THE “I ACCEPT” CHECKBOX AND CLICK "REGISTER", THE FOLLOWING TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU PERSONALLY (HEREINAFTER “YOU” OR “YOUR”). YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT GOVERNING WESAVE MEMBERSHIPS BEFORE CLICKING “I ACCEPT.”
THIS MEMBERSHIP TERMS AGREEMENT BETWEEN WESAVE REWARDS, LLC (“WESAVE”, “WE”, “US” OR “OUR”) AND YOU, GOVERNS YOUR USE OF WESAVE WEBSITE (“SITE”) AND ITS SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE MEMBERSHIP TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR OUR SERVICES.
Welcome to the WeSave Shopping Club where members shop on our multi-vendor eCommerce mall as well as at participating local brick and mortar merchants as they are added to our network and can earn Cash-Back Rewards while contributing to their communities!
Article 1 - WeSave Membership
- You may use the Membership Services in accordance with the Membership Terms and any other related terms that WeSave may provide to you. While you will be able to use various services provided by the Group through your Account, there may be cases in which you will be asked to register additional information and agree to the relevant terms before you can use a particular service.
Article 2 - Member Registration
- Becoming a member is easy and rewarding. Simply complete the registration form with your name, email address, phone number, create a password and accept these Membership Terms. The system will automatically set you up a new WeSave “Member Account”. When you register, we will require you to have a valid email address and password to login (referred to as your “Credentials”).
- Once you agree to the Membership Terms and complete the prescribed registration procedure, the Membership Terms form a binding agreement between you and WeSave (hereinafter the “Agreement”), and you will be granted a WeSave membership in our shopping club. You must complete the membership registration procedure yourself. Registration by proxy is not permitted. A user who obtains a WeSave membership in accordance with this Article is referred to hereinafter as a “Member.” Your Credentials allow you secure access to one Account.
- WeSave reserves the right to deny membership to users whose membership has been revoked in the past or those whom for any reason WeSave deems unqualified for membership.
- When registering for membership, please read the instructions carefully and enter the required information on the online form. Please make sure to provide up to date complete and accurate information, maintain and promptly update your Account information, and Credentials as needed. You understand and agree that such login information is confidential, that you will keep it secure, and that you accept all risk associated with it, including unauthorized access to your Account. WeSave is not responsible for damage or losses you may incur as a result of false, incorrect, or missing information, except where there is any cause attributable to WeSave. Should your Credentials become compromised, or you suspect any security breaches related to the Services, you agree to immediately notify WeSave.
- You agree you shall not, and shall not authorize, any act or omission that would sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant the same or similar rights in the Account provided by WeSave under this Agreement to any other person or entity without the prior written consent of WeSave.
- By using the Services, you represent and warrant that (1) you are 18 years of age or older, or (2) that you are 13 years of age or older and you are using the Services with the permission and under supervision of a parent or legal guardian who agrees to be bound by these Member Terms. Our primary means of payment using this Site is with credit cards, which are not available to children under the age of 18, and generally may not be used by children without a parent or legal guardian who has given the child consent.
Article 3 - Accessing Services and Content
- You are responsible for taking proper steps to manage your login Credentials, such as changing your password on a regular basis. Upon confirmation via the prescribed method that the user ID and password entered matches the Credentials registered by the Member, access will be regarded as having been made by said Member, and the Membership Service will be provided on that basis. WeSave will not be liable in any way whatsoever for damage you may incur from the unauthorized use of your Account by a third party, except where there is any cause attributable to WeSave.
- The WeSave Site and Services contain content that includes designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between you and WeSave, all Content is the property of WeSave, its affiliated Sellers or its licensors and is protected under copyright, trademark, and other intellectual property laws and may not be reproduced or published without written permission from the owner.
Article 4 – Member Dashboard; Refer-a-Friend; Account Transactions
- When you register as a member, you will have access to your own online, password-protected Member Dashboard. The Member Dashboard is your doorway to information, savings, and rewards. You can track all your qualified purchases and check the balance of the Cash-Back Rewards you have earned or been awarded. See our Cash-Back Rewards Policies. You can also access notifications, edit your Member Profile, and refer your friends and family. See our Refer-a-Friend Policies.
- Any purchase or application to purchase a product or service, including any other related activities (hereinafter, together, a “Transaction”), that you make using the Account or a Service provided by the Group occurs directly between you and the counterparty to such a Transaction (e.g., an affiliate merchant on our multi-vendor eCommerce platform). Unless WeSave serves as the counterparty to the Transaction, it is not involved in the transaction and does not take responsibility in relation to the Transaction, except where there is any cause attributable to WeSave. Except in such cases, any dispute arising out of a Transaction must be solved between you and the counterparty to the Transaction (e.g., a purchase transaction from an affiliate merchant).
- Member referrals are credited to whoever registers them first. Member registrations are automatically approved provided that a potential member has not previously registered for a WeSave Membership using the same login Credentials. In the event a referral of a potential member is disputed among one or more referrers, finders, or other persons, WeSave alone shall determine which party will be credited with the member referral without incurring any liability to the non-selected parties.
- As a Member, you understand that you are a customer with an opportunity to refer others to participate in the WeSave Services and shall have no authority to enter into any agreements, obligations, or commitments on WeSave’s behalf, or to negotiate any terms with a potential member or Seller agreement with WeSave. Further, you hereby agree to indemnify, defend, and hold WeSave harmless and from any claims, actions, lawsuits, damages, awards, or judgments arising out of any such agreements, obligations, or commitments undertaken by you in breach of this Agreement.
- You further understand and acknowledge that WeSave may enter into referral agreements or similar arrangements with other parties and that you shall have no rights under such agreements or to any rewards for potential members referred to WeSave by others or identified and enrolled by WeSave itself.
Article 5 - Change of Registered Information; Relationship to WeSave
- When there are any changes to the information that you have registered as a Member (hereinafter “Registration Information”), we ask that you immediately update the Registration Information. WeSave shall not be held liable for damage incurred as a result of your failing to update your Registration Information, except where there is any cause attributable to WeSave. Any Transaction completed before changes to your Registration Information are made will be processed based on the information that you have registered previously. You are responsible for directly contacting the counterparty of the Transaction as necessary to notify such party of a change in your Registration Information.
- As a Member of this WeSave shopping club, you and WeSave expressly intend that no employment, partnership, or joint venture relationship is created by this Agreement, hereby agree as follow: (i) neither you nor anyone employed by or acting for or on behalf of you shall ever be construed as an employee of WeSave and WeSave shall not be liable for employment taxes with respect to you or any of your employees (as applicable); (ii) you shall not make any commitment or incur any charge or expense in the name of WeSave; (iii) you expressly acknowledge and agree that except to the extent expressly provided herein (e.g., Cash-Back Rewards), neither you nor anyone employed by or acting on your behalf shall receive or be entitled to any consideration, compensation or benefits of any kind from WeSave.
- Member further represents, warrants, and covenants to WeSave that upon registering as a Member and continuing to use the Services, that neither the execution and delivery of this Agreement nor the use of WeSave Services violates or will violate the provisions or obligations of any other agreements to which Member is a party or by which he/she is bound.
Article 6 - Notices and Announcements from WeSave
- WeSave will send you notices and announcements regarding the Membership Service via email to the most recent email address in your Registration Information, via the eCommerce Site and via any other methods WeSave deems appropriate.
- You agree that when WeSave sends you an email notice or announcement in the manner described in the preceding clause, the notice or announcement shall be deemed received when the email becomes readable to you or 24 hours after the message is sent, whichever is earlier, and you will change your registered information as described in the preceding Article.
Article 7 - Handling of Personal Information
- These agreements and the terms therein are subject to change at any time and in our sole discretion. You are encouraged to review the agreements and terms when using the Services and making purchases.
Article 8 - Restricted Activities
- In connection with your use of our website, your Account, the WeSave Services, or in the course of your interactions with WeSave, other members, or third parties, you will not engage in the following “Restricted Activities”:
- Breach this Agreement, or any other agreement or policy that you have agreed to with WeSave or engage in activities that violate public order and standards of decency;
- Violate any law, statute, ordinance, regulation or legally binding administrative measures or engage in harassment of other members, employees or agents or provide economic and other forms of assistance to anti-social forces;
- Infringe WeSave’s or any third party’s intellectual or proprietary property rights (such as copyright, patent, trademark, trade secret or other, or rights of publicity or privacy);
- Engage in the inappropriate collection, disclosure, or transfer of the personal information of third parties;
- Provide misleading, inaccurate or false information or impersonate a third party, or purposefully send out false information;
- Failure to cooperate in an investigation or failure to provide information needed for compliance with legal obligations of this Agreement;
- Receive or attempt to receive funds from both WeSave and a bank or credit card issuer for the same transaction, in the event of a dispute;
- Engage in the unauthorized access or use of a third party’s account, the creation or use of multiple accounts, and other similar actions such as controlling an Account that is linked to another Account that has engaged in any of these Restricted Activities.
- Use your Account or the WeSave Services in a manner that WeSave or credit card issuers (e.g., Visa, MasterCard, American Express, Discover) or any other electronic funds transfer network reasonably believes to be a violation of the card system or card association or network rules;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any attack on the system including programming routines that may damage any system, data or Information (viruses, worms, or other computer programs or subroutines that detrimentally interfere with, surreptitiously intercept or expropriate information; or use any device, software or routine to affect or attempt to interfere with our website or the WeSave Services; use an anonymizing proxy; any automatic or manual process to monitor or copy our website without our prior written permission;
- Engage in activities that harm or that WeSave reasonably deems to be harmful to the rights, interests, or reputation of WeSave, the Group, our, Members, Membership Services or third parties or take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; and
- You may not assign, lend, sell, encumber, or otherwise dispose of your Account, this Agreement, and any rights or obligations in this Agreement to a third party
- If we in our sole discretion, believe you have engaged in any Restricted Activities, to protect ourselves or any third party from any liability (fines, claims, fees), we may without limitation: close, suspend, or limit your access to your Account or the WeSave Services; update any inaccurate information you provided us; and hold your WeSave Cash-Back Rewards balance for up to 45 Days when needed to protect against the risk of liability. WeSave, in its sole discretion, reserves the right to terminate this Agreement, access to its Site, or access to the WeSave Services for any reason and at any time upon notice to you. If we find you have violated any part of the Restrictive Activities Policy, we reserve the right to refuse to provide the WeSave Services to you in the future or take legal action against you, or both.
Article 9 - Suspension and Revocation of Membership
- If WeSave determines that any of the previous Restricted Activities or the following circumstances apply to you, then WeSave may, without prior notice, suspend your use of the Membership Service or your Account, change your user ID and password, or revoke your membership. WeSave shall not be liable for damage or loss of profit that you may incur as a result, except where there is any cause attributable to WeSave. WeSave may do so if:
- In the event WeSave receives notice of a court order or other legal process that affect your Account, WeSave will give notice of efforts it shall make to comply with a court order or other legal process, unless the court order or other process directs that WeSave not provide you notice, in which case we won’t (due to the court superseding any notice obligation WeSave has undertaken or agreed to under the terms of this Agreement). WeSave has no duty or obligation to contest or appeal any such order or process.
Article 10 - Cancelling Your Membership and Agreement Termination
- You may cancel your WeSave Membership and terminate this Agreement at any time by emailing us at email@example.com or by simply clicking on the Chat feature and request that our Customer Service personnel deactivate your Account.
- If you cancel your membership, or if this Agreement becomes terminated for any reason, you will no longer be able to use your Account or the Membership Service. Thereafter, you will lose all membership rights related to the Membership Service, except where the WeSave decides otherwise in regard to any particular service. Accordingly, you will no longer be able to make any claims against WeSave, except where there is any cause attributable to WeSave. However, any outstanding amounts you owe to WeSave prior to termination shall continue to be payable, and you agree to fulfill such payment obligations to WeSave immediately after termination, except where the WeSave decides otherwise in regard to any particular service.
- You acknowledge and agree that upon completing the procedure to cancel your membership, WeSave may deactivate your Account, and you will not be able to use the Services. Therefore, please cancel your membership only after you have carefully read and understood all of the relevant instructions and conditions.
- Upon Account deactivation, we will close your Account and cancel any pending transactions, and you will forfeit any WeSave Cash-Back Reward balances associated with your Account, unless otherwise legally prohibited or unless WeSave decides otherwise in some circumstances. You will remain liable for all obligations related to your Account even after the Account is closed. If you choose to re-enroll as a member, then you will come in as a “new” member provided you use a different email account, and all previous referrals of friends or Sellers will not be associated with your new Account.
Article 11 – Unauthorized Activity, Service Changes, Suspension, & Discontinuation
- You should immediately notify WeSave if you believe there has been unauthorized activity or any error on your Account, if your password has been lost or stolen or if your mobile device has been lost or stolen. For Errors or Unauthorized Transactions, you may send us an email at firstname.lastname@example.org. If you email or chat with us, please provide the following information: a) your name and email address registered to your Account, b) a description of any suspected errors with transactions and an explanation as to why you believe the transaction is incorrect or why you need more information to identify the transaction, and c) the dollar amount of any suspected Error or Unauthorized Transaction.
- After you notify us of any suspected Error or Unauthorized Transaction, or we otherwise learn of one, we will conduct an investigation to determine whether there has been an Error or Unauthorized Transaction that is eligible for refund. We will complete our investigation within 14 Days of the date we received your notification of the suspected Error or Unauthorized Transaction. In certain circumstances, we may need additional time to complete our investigation. If we determine that we need more time to complete our investigation, we may authorize you to create a separate account for use while the investigation is under way. We will inform you of our decision within 3 Business Days after completing our investigation.
- We will rectify any processing error that we discover. If the error results in awarding you less Cash-Back Rewards than the correct amount into your Account, WeSave will credit your Account for the difference. If the error results in your receipt of more WeSave Cash-Back Rewards than the correct amount to which you are entitled, WeSave will debit the extra rewards from your Account.
- WeSave may make changes or modifications to all or part of the Membership Service or discontinue the Membership Service. In cases described in the preceding sentence, WeSave will provide information to Members at an appropriate time, using an appropriate method, taking into consideration the effect thereof and the operational status of the Membership Service.
- Upon the occurrence of any of the following events, WeSave may temporarily suspend its provision of the Membership Service, either in whole or in part, without prior notice:
- A scheduled or emergency maintenance operation is conducted on WeSave’s systems;
- A system overload occurs, either due to high traffic or otherwise;
- WeSave deems it necessary in order to protect the security of WeSave, the Group, or a third party;
- The provision of the Membership Service becomes impossible due to causes beyond WeSave’s reasonable control, such as a communication line interruption, natural disaster, fire, power outage or any other unexpected accident, war, conflict, riot, act of terrorism or strike; or
- Other circumstances under which WeSave reasonably deems service suspension to be necessary, taking into consideration the status of each Membership Service.
- WeSave shall not be liable for damage or losses that you may incur due to an action that WeSave takes in accordance with this Article, except where there is any cause attributable to WeSave.
Article 12 - No Warranties; Disclaimer and Limit of Liability
- You hereby acknowledge and agree that WeSave disclaims all warranties whatsoever that the incentive programs, service contents, or any other information provided through the Membership Service: (1) will be free of errors, bugs, defects, or security flaws; (2) that they will not infringe upon the rights of a third party; (3) or that they will meet your requirements or expectations. You also acknowledge and agree that the Membership Service is provided “as-is,” and that you will be fully responsible for your use of the Membership Service.
- Without limiting the foregoing, WeSave expressly does not warrant that the content of the services made available to you through your Account will be true, accurate, up-to-date, useful, reliable, legally compliant, or that it does not the infringe the rights of a third party.
- In the event that WeSave is liable for any matter related to your use of the Membership Service, unless the issue in question is caused by WeSave’s willful misconduct or gross negligence, WeSave’s liability to you is limited to any direct damages actually suffered. WeSave shall not be responsible for any special or incidental damages that you may incur (including cases in which harm had been or could have been expected).
Article 13 - Revisions to The Membership Terms; Assignment
- WeSave may revise any of the Membership Terms at any time or prescribe additional terms or conditions to the Membership Terms. In such cases, WeSave will provide information to Members at an appropriate time, using an appropriate method, taking into consideration the effect thereof and the operational status of the Membership Service.
- You may not assign, lend, sell, encumber, or otherwise dispose of your Account, this Agreement, and any rights or obligations in this Agreement to a third party.
- You acknowledge and agree that WeSave may assign the Agreement or any rights and obligations hereunder to a third party in the event that WeSave transfers its Membership Service-related business to such party, either through a merger, split, any other corporate change, or otherwise.
Article 14 - Indemnification
You agree to defend, indemnify, release and hold harmless WeSave and its parent and subsidiary companies and its independent contractors, service providers and consultants, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the WeSave Services (collectively, the "Released Parties"), from any and all third party claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the WeSave Services (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the WeSave Services or Cash-Back Rewards).
Article 15 – Disputes with WeSave; Applicable Law
- You and WeSave agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Article with WeSave. Please read this Article carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
- Please, Contact WeSave First. If a dispute arises between you and WeSave or one of our affiliates, please contact WeSave to try to resolve your dispute. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and WeSave regarding the WeSave Services may be reported to Customer Service by sending us an email at email@example.com.
- Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and WeSave, except as otherwise stated in this Agreement.
- Release of WeSave. If you have a dispute with one or more WeSave Sellers, Merchants, Affiliate Operators or another Member with whom we cannot assist, you release WeSave (our affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections, whether statutory or otherwise that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. The failure of WeSave to exercise in any respect any right or remedy provided for herein shall not be deemed a continuing waiver or a waiver, partial or complete, of any future breach or any other right or remedy hereunder.
- Class Action Waiver. YOU AND WESAVE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration you and WeSave each waive any right to a jury trial. You and WeSave also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Agreement to Arbitrate. You and WeSave each agree that any and all disputes or claims that have arisen or may arise between you and WeSave shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. UNLESS BOTH YOU AND WESAVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WESAVE USERS.
- Arbitration Procedure. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different WeSave users (Members, Sellers, Merchants) but is bound by rulings in prior arbitrations involving the same WeSave user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will take place in Los Angeles County, California.
- Severability. With the exception of the provisions in the Class Action Waiver subsection of this Article, if a court decides that any part of this Disputes Article is invalid or unenforceable, the other parts of this Article shall still apply. If a court decides that any of the provisions in the Class Action Waiver is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this Article (Disputes with WeSave), will continue to apply.
Article 16 – Electronic Delivery of Communications
- Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from WESAVE, you must provide your complete and accurate physical address for receipt of US mail.
Article 17 – Term
This Agreement is effective upon the date you agree to it (by electronically indicating acceptance during your registration) and continues so long as you use the WeSave Service or until your Account is terminated by you or WeSave.
Article 18 – Confidential Information
Any information that a WeSave Member is exposed to by virtue of his/her/its relationship with WeSave under this Agreement, which information is not available to the general public, shall be considered to be “Confidential WeSave Information”. You may not disclose any Confidential WeSave Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from WeSave.
Article 19 – Force Majeure
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this Article will affect or excuse your liabilities and obligations, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and services.
Article 20 – Entire Agreement
This Agreement and the other corresponding policies, terms, and conditions as noted in Article 16 above, constitute the entire agreement between WeSave and you, and supersedes any prior understanding or representation of any kind preceding the date of your acceptance of this Agreement. There are no other promises, conditions, understandings, or covenants, whether oral or written, relating to the subject matter of this Agreement.
Last Updated: October 19, 2021