This End-User License Agreement ("EULA") is a legal agreement between you and PB Microsavings Inc., a California Corporation hereinafter referred to as PB, wherein you are agreeing to the use of PB’s website for the registration and use of PB programs. You have selected a user name/identification and a password to provide you with access to PB’s website (hereinafter referred to as website). We grant you (the "Licensee"), a non-exclusive license to use the website and related documentation. You agree to be bound by the terms of this EULA by installing, copying, downloading, accessing or otherwise using the website. If you do not agree, we are unwilling to license and provide you with access to the website.

Your license rights under this EULA are non-exclusive.

1. As the Licensee, you own only the right to access the website. All copyright and other intellectual property rights in the website are owned by PB.
2. You are required to protect the copyright of the website. You may NOT distribute or otherwise make the website or documentation available to any third party without the prior written consent of PB. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license.
3. You may NOT:
   1. (a.) use, copy, modify, alter, or transfer the access to the website except as expressly provided in this license;
   2. (b.) translate, disassemble, decompile, reverse program or otherwise reverse engineer the access to website;
   3. (c.) sublicense or lease the access to this website or its documentation; or
   4. (d.) use the website in a multi-user, network, or multiple computer environments or in a rental, time sharing or computer service business. Any portion of access to the website that is merged into or used in conjunction with other website will continue to be the property of PB, and will be subject to the terms of this EULA. You shall not use the access to this website to develop any website or other technology having the same primary function as the website, including but not limited to using the website in any development or test procedure that seeks to develop like websites or other technology, or to determine if such website or other technology performs in a similar manner as the website.
4. In no event may you transfer, assign, rent, sell, or otherwise dispose of the access to the website or this EULA to any other person, on a temporary or permanent basis, except with the prior written consent of PB. Any authorized transferee of the access to the website shall be bound by the same terms and conditions of this EULA and, in such case your rights under this EULA will be automatically terminated.
5. This EULA is effective until terminated. This EULA will terminate automatically without notice from PB if you fail to comply with any provision of this Agreement. Upon termination you will be denied access to the website in any form.
6. To the maximum extent permitted by law and provided that the statutory rights of a consumer are not affected, we exclude all warranties, whether express or implied, with respect to access to the website and the accompanying written materials. We do not warrant, guarantee, or make any representations regarding the use or the results of the use, of the access to the website and the warranties written materials in terms of correctness, accuracy, reliability or otherwise; the entire risk as to the results and the performance of the website is assumed by the licensee.
7. You acknowledge that the access to the website is of U.S. origin. You agree to comply with all applicable international and national laws that apply to this access, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
8. We warrant that the access to this website will perform substantially in accordance with the warranties written or online materials for a period of ninety (90) days from the date of receipt. This warranty is exclusive and in lieu of all other warranties, express or implied.
9. LIMITED WARRANTY
   PB AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON OR IN ALL PB WEBSITES OR APPLICATIONS FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THIS ACCESS TO THE WEBSITE IS SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE OR IN ANY WAY RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT ECONOMIC LOSS OR PROPERTY DAMAGE CAUSED AS A RESULT OF YOUR USE OF THE ACCESS TO THIS WEBSITE OR YOUR PB ACCOUNT OR ITS DOCUMENTATION. BECAUSE OF THE VARIOUS HARDWARE AND WEBSITE ENVIRONMENTS INTO WHICH THE WEBSITE MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
   
   THE TOTAL LIABILITY OF PB AND/OR ITS AFFILIATES TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE ACCESS TO THE WEBSITE THAT CAUSED SUCH DAMAGE. This Limited Warranty is void if failure of the access to the website has resulted from accident, abuse, or misapplication.
10. You assume the entire risk of using the website
11. You, as the consumer, agree and acknowledge that PB will not be holding or depositing any of the funds that you deposit or maintain in your PB account. All funds, deposits, change and money deposited into your PB account will be held for your benefit and on your account by the retail member that you have chosen in your PB program. PB will only provide the record keeping of your account and will have no control of or otherwise handle any of the funds or deposits made by you or made on your behalf into your PB account. In the event that you want access to the deposits in your PB account, that will be the sole responsibility of the retail member that you have chosen. PB will have no responsibility for providing you any withdrawals from your account.
12. Modifications of Agreement. PB may modify this EULA or the access to the website at any time without providing notice to you. Such modification will be made by posting a revised EULA on our web site pbmicrosavings.com and such modification shall be deemed effective immediately upon posting of the modified EULA. Your continued access or use of the website shall be deemed your acceptance of the modified EULA. You agree to check our web site periodically to review such modifications.
13. General

This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws, and you hereby consent to the exclusive jurisdiction of such courts in the State of California to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the website licensed hereunder shall be of no effect. The failure or delay of PB or its affiliates to exercise any of their rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, such provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

All questions concerning this EULA shall be directed to: info@pbmicrosavings.com.

About Your PBMicrosavings Accounts

This Consumer Disclosure explains the policy regarding your use of the PB Microsavings program ( “PB program”). Your PB Microsavings account and participation in the PB program is an agreement between you and the Retailers. The account which you agree to create for your participation in the PB program is completely administered by the Retailer.

We are committed to protecting your privacy and security. This disclosure further explains your rights as a participant in the PB program and what the Retailers will do with the information they collect about you, with whom they will share it, and how you can direct them not to share certain information with certain parties.

DEFINITIONS

We, our, and us means each participating Retailer, in a program associated with PB Microsavings, Inc. (“PB”).

You and your means customers who have entered into an agreement with us to enroll in the PB program as controlled and administered by us.

Your “PB Microsavings Account” refers to the account created between you and us. Your PB Microsavings account is not a savings account nor is it a bank account. It is not affiliated with any bank or financial institution and is not covered by the F.D.I.C. It is not intended to be governed by any bank regulations. Rather, it is part of a program in which you voluntarily participate and sign up with us. We are holding your change (hereinafter referred as “funds”) for future use by you at our establishment in exchange for a promise of greater buying power through discounts offered specifically to you based upon the amount of funds in your PB account. These discounts will not be made available to non-PB program participants. The value of these discounts and your participation in the PB program are subject to certain enumerated rights and obligations between you and us which are set forth below. You may end your participation in the PB program at any time, and we will disperse to you the face value of funds held for your benefit by us.

Nonpublic personal information means information about you that we may collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter we will use the term “information” to mean nonpublic personal information as defined by this section. Affiliate means a retailer which is part of us or PB, or which either owns or controls, a retailer that owns or controls us or PB, or a retailer that is owned or controlled by the same retailer that owns or controls us or PB. Control means the possession of the power to direct or cause the direction of the management or policies of a person.

Non affiliated third party means a person not employed by us or PB or a retailer that is not an affiliate of us or PB.

Opt out means a choice you can make to prevent certain sharing or use of information. We will explain how you can exercise this choice.

RIGHTS UNDER THE PROGRAM

Your participation in the PB program is an agreement solely between you and us. PB is not responsible to you in any way for any failures of the PB program or any of our acts or omissions that in any way affects your PB account or your right to use or participate in the PB program.

In the event that you have any problems with your PB account, you must contact us since we are the sole avenue of recourse that you have concerning your PB account. In the event that we become insolvent, file for bankruptcy, cease to do business or are otherwise no longer available to you for access or use of your PB account, you are restricted and limited to recourse against us a general creditor. You understand that you have no recourse against PB or any of its affiliates. You further agree that by providing your cell number as an account number and making an initial deposit you acknowledge and agree to be bound by the terms and conditions of the PB program, this agreement and the terms and conditions of the retailers agreement creating your PB account.

DISCLOSURE OF OUR LIABILITY

If we did not complete a transaction for your PB account on time or in the correct amount, we will be liable for your direct losses or damages. However, there are some exceptions, for which we will not be liable, for instance:

1. If, through no fault of ours, you do not have enough money in your account to make the purchase;
2. If the purchase will exceed the balance in your account
3. If the POS terminal or system was not working properly and you knew about the breakdown when you started the purchase;
4. If circumstances beyond our control (such as interruption of telephone service or telecommunications facilities, fire or flood) prevent the purchase, despite reasonable precautions that we have taken; or
5. If the purchase cannot be made because of legal restrictions affecting your PB account.

QUESTIONS OR ERRORS ABOUT YOUR PB ACCOUNT

Any questions or claims of error concerning your PB account must be directed to us, since we are responsible for handling, investigating and correcting, if necessary, any questions or claims of error. You must provide us with all necessary information to assist us in the handling of the questions or claims of error.

1. This section explains what you must do to notify us of questions or claims of error or unauthorized use or dispersal of funds involving your PB account. Email us at info@pbmicrosavings.com or write to the address shown within this Agreement as soon as you can if you need more information about the use of your PB account.
   1. Tell us your name and account number.
   2. Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
   3. Tell us the dollar amount of the suspected error.
      If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
      
      We will try to determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we will advise you and we may take up to 90 calendar days to investigate your complaint or answer your question.
2. Notification of Investigation Results:
   In any case, if we decide that there was no error or if we determine that the dispersal or use of funds was authorized, we will reverse any credits made and will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

INFORMATION WE COLLECT AND MAY DISCLOSE

We collect and may disclose the following information about you:

Information you provide on applications or other forms, such as name, address, e mail address, and telephone number. Information about your transactions with us, our affiliates, or other parties, such as account balance, parties to transactions, and account usage; and Information we may receive from a consumer reporting agency, such as verification of your identity.

We may also collect and disclose information about how users use our website, for example, by tracking unique views received by pages of the website or the domains from which users originate. This information is not personally identifiable. We may also use "cookies" to track returning users to our website. A cookie is a piece of software that a Web server can store on the user’s PC and use to identify the users should they visit the website again. Information collected may be associated with nonpublic personal information users provide us through our website.

The trademarks or service marks contained in the website are trademarks or service marks of PB Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the website.