Last updated: 2/14/2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
Welcome to Debbie. These Terms of Service, along with any other documents referenced herein as applicable to your use of the products and services, features, technologies, and/or functionalities offered by Debbie Inc. (“Debbie”) on its website or in a mobile application (collectively, the “Platform”), or through any other means (collectively, the “Services”) are a contract between you and Debbie, that establishes rules that control your use of the Services.
“You” and “your” means the person who is authorized to use the Services as provided in these Terms of Service. “We,” “us,” and “our” mean Debbie, and our successors, affiliates, assignees, and third-party service providers.
If there is a conflict between these Terms of Service and any other document or statement made to you concerning the Services, these Terms of Service will govern. If there is a conflict between these Terms of Service and any other document or statement made to you concerning any other service or product, the separate terms, and conditions applicable to that service or product will govern.
AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
You agree to comply with all of the terms and conditions in these Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Platform. Continued use of the Services means your ongoing agreement to these Terms of Service. By continuing to use the Services, you further agree to pay fees due and outstanding associated with the Services. You are responsible for the accuracy and completeness of all information supplied to us.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You acknowledge that we may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Some of the Services are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the site from a mobile device and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service via a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to us and our Service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.
To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Debbie Account or the Services from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Debbie Account or the Services because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to your Debbie Account and the Services, and as authorized by applicable law and regulations. Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere). You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. With the above understandings, you authorize us to contact you regarding your Debbie Account and/or the Services until you terminate your Debbie Account using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at firstname.lastname@example.org.
You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Debbie Account activity, balances, payments, suspicious activities, and other matters involving your use of the Platform or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted and may include your name and information pertaining to your Debbie Account or use of the Platform. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail, and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to email@example.com. By accepting these Terms of Service, you expressly consent to be contacted by us or our affiliates at any telephone number, e-mail address, mailing address, Account with us, or physical or electronic address you provide or at which you may be reached. You agree we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or contacting us at firstname.lastname@example.org. You agree that we and our agents, representatives, affiliates, or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.
We may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. We are not required to act upon instructions you give us by voice mail or on a telephone answering machine.
You agree to release, indemnify and hold Debbie, and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to these Terms of Service and applicable law; (3) any action or omission by you in violation of these Terms of Service or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you. If you are a California resident, you waive California Civil Code Section 1542, which says: “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 if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEBBIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DEBBIE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
DEBBIE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP OR THE SERVICES. DEBBIE IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. DEBBIE ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEBBIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEBBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DEBBIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DEBBIE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of either party. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.
As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and Debbie, or any of its agents or retailers, arising from or relating to these Terms of Service or the Services as well as any related or prior agreement that you may have had with us, including the validity, enforceability or scope of this Dispute Resolution Provision or the Terms of Service. “Claim” includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration. As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean Debbie, our wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and our agents, employees, directors, and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with the Services (including, but not limited to, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities using the Services.
NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.
Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the other party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who will notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.
This Dispute Resolution Provision will survive termination of your Account, your use of the Services, these Terms of Service and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, these Terms of Service, or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.
You agree that Debbie, in its sole discretion, may suspend or terminate your Debbie Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Debbie believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Debbie may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be affected without prior notice and acknowledge and agree that Debbie may immediately deactivate or delete your Debbie Account and all related information and files in your Debbie Account and/or bar any further access to such files or the Service. Further, you agree that Debbie will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Debbie and govern your use of the Service, superseding any prior agreements between you and Debbie with respect to the Service; provided, however, that you may also be subject to additional terms and conditions for products or Services provided by Debbie, as applicable. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Debbie agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami, Florida. The failure of Debbie to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Debbie, but Debbie may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Under California Civil Code Section 1789.3, users of the service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Debbie Inc., email@example.com
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
You may register for early access to Debbie by submitting an entry using the online form provided on the Debbie Website (the “Site”), in effect as of the time of registration and as may be modified or amended by Debbie Inc. (“Debbie”) from time to time. Registrations that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Debbie. You may register only once and any attempt to enter more times than once by using multiple phone numbers, email addresses, identities, or devices in an attempt to circumvent the rules shall disqualify you from Waitlist eligibility; any such determination shall be made at the sole discretion of Debbie.
Registration for early access means that you have joined the list (“Waitlist”) to be notified when the full version of the Debbie app/product ("Product") launches publicly (“Launch”) so that you may apply for a Debbie Product. Launch will occur on an official launch date to be determined by Debbie in its sole discretion (“Official Launch Date”). Notwithstanding anything herein to the contrary, Debbie may release earlier versions of the product (e.g., alpha, beta, etc.) to other users for testing purposes before or after the Official Launch Date and such releases shall not constitute Launch of the Debbie product. Upon Launch, we plan to invite people who have registered for early access to apply for Debbie sequentially, based on their relative positions on the Waitlist. Position on the Waitlist is determined by the time that each user signed up by submitting a phone number. Users of the Website may also take certain actions from time to time, as more specifically set forth on the Site, to move up their position on the Waitlist relative to others. The Waitlist does not guarantee that you will receive any Debbie Product or anything of value. Debbie products are subject to availability, application approval and applicable terms and conditions.
The Waitlist is open only to those who sign up on the Website in compliance with these rules (“Rules”) and who are at least 18 years old as of the date of entry. The Campaign is open to all legal residents of the United States of America, and is void where prohibited by law. Employees of Debbie and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers of all of them (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Waitlist. The Waitlist is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
All participants on the Waitlist may receive certain prizes (“Prizes”) as determined by Debbie. The specifics of the Prizes, if any, shall be solely determined by Debbie. Prizes are nontransferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the recipients of such Prize (“Recipient”). No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by Recipient is permitted. Acceptance of a Prize constitutes permission for Debbie to use the Recipient’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Recipient(s) will be notified by SMS or on the Site of any available Prizes. Debbie shall have no liability for Recipient’s failure to receive notices due to spam, junk e-mail or other security settings or for Recipient’s provision of incorrect or otherwise non-functioning contact information. If a Recipient cannot be contacted, is ineligible, fails to claim the prize within ten (10) days from the time an award notification is sent, or fails to timely return a completed and executed declaration and release as required, the Prize may be forfeited. Receipt by Recipient of the prize offered by Debbie in connection with the Waitlist is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE RULES BY RECIPIENT (AT DEBBIE’S SOLE DISCRETION) WILL RESULT IN RECIPIENT’S DISQUALIFICATION AS RECIPIENT OF ANY APPLICABLE PRIZE, AND ALL PRIVILEGES AS RECIPIENT WILL BE IMMEDIATELY TERMINATED.
Debbie reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Waitlist should virus, bug, non-authorized human intervention, fraud, or other cause beyond Debbie’s control corrupt or affect the administration, security, fairness, or proper conduct of the Waitlist. In such cases, Debbie may grant early access to eligible registrations received prior to and/or after (if appropriate) the action taken by Debbie. Debbie reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the registration process or the operation of the Waitlist or Website or violates these Rules. Debbie has the right, in its sole discretion, to maintain the integrity of the Waitlist, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Waitlist rules; or the use of bots, macros, scripts, or other technical means for registering. Any attempt by an entrant to deliberately damage any Website or undermine the legitimate operation of the Waitlist may be a violation of criminal and civil laws. Should such an attempt be made, Debbie reserves the right to seek damages to the fullest extent permitted by law. The Waitlist and Website are in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, TikTok, or Reddit or other social networks that are used to share participation.
By entering, you agree to release and hold harmless Debbie and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Waitlist and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Waitlist; (v) electronic or human error in the administration of the Waitlist or the processing of entries.
These Rules are governed by the laws of the State of Delaware, without respect to conflicts of law principles. As a condition of participating in the Waitlist, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Waitlist, shall be resolved individually, without resort to any form of class action, exclusively before the courts in Delaware. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Waitlist). Participant further waives all rights to have damages multiplied or increased.
PARTICIPATING IN THE DEBBIE WAITLIST GIVEAWAY AND/OR SIGNING UP FOR THE DEBBIE WAITLIST DOES NOT GUARANTEE YOU A DEBBIE PRODUCT OR ANY EXTENSION OF CREDIT IN ANY WAY. TO ENTER THE DEBBIE GIVEAWAY, YOU MUST BE AN INDIVIDUAL WHO MEETS THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE LAUNCH WAITLIST TERMS & CONDITIONS ABOVE. TO WIN A PRIZE YOU MUST QUALIFY AND BE APPROVED FOR DEBBIE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. INTRODUCTION: These Official Rules, together with the Debbie Inc. (“Debbie”) Launch Waitlist Terms & Conditions (the “Waitlist Terms”) set forth the terms for your participation in the Debbie Waitlist Giveaway (hereinafter the “Giveaway”). These Official Rules incorporate the Waitlist Terms by this reference. In the event of a conflict between these Official Rules and the Waitlist Terms, these Official Rules will govern matters related to the Giveaway but only to the extent of such conflict. The Giveaway begins on January 1, 2020 (the “Start Date”) and ends on the date that is the earlier of (a) the date on which the Registration Period ends, as set forth in the Waitlist Terms, (b) the Official Launch Date, or (c) the date on which Debbie ceases to make its Waitlist (as defined in the Waitlist Terms) available for any reason (the date that is the earliest of (a), (b) and (c), the “End Date”, and the period between the Start Date and the End Date, the “Giveaway Period”). By participating in the Giveaway, each entrant (“entrant” or “you”) accepts the terms and conditions stated in these Official Rules and the Waitlist Terms and warrants that such entrant is eligible to participate in the Giveaway. To be eligible to win a Prize(s) (defined below), you must comply with the Official Rules.
2. HOW TO ENTER: To enter the Giveaway, sign up for Debbie’s Waitlist during the Giveaway Period by following the Waitlist registration process set forth in the Waitlist Terms. To sign up, you must meet all eligibility requirements set forth in the Waitlist Terms. Note: Signing up for the Waitlist (and/or participating in the Giveaway) does not guarantee that you will be approved for a Debbie product or win a Prize (defined below) in any way. All applicants, including those on the Waitlist and those participating in the Giveaway, are still subject to Debbie’s application process and all decisions made by Debbie in connection with such process. On or around the Official Launch Date, Debbie will invite individuals who registered for the Waitlist prior to the Official Launch Date to apply for a Debbie. Debbie will distribute invitations on a rolling basis, in sequential order, according to a recipient’s relative position on the Waitlist. More information about invitations can be found in the “Invitations” section of the Waitlist Terms.
3. PRIZE WINNER ELIGIBILITY AND SELECTION: $25 per referral (see valid referral criteria below), up to 4 referrals ($100 maximum).
Entrants must meet the following criteria:
For a referral to be valid and counted, the referred user must:
Failure to meet any of the above-listed steps, including without failure to be approved for a Debbie Product, will make an individual ineligible to receive a Prize.
Waitlist Positions: Your position on the Waitlist is determined by the following rules: You will be placed on the Waitlist in accordance with the Waitlist Terms. Debbie reserves the right to add, remove, or modify Waitlist Bonus Actions from time to time in its sole discretion.
Note: Waitlist Bonus Actions taken by other entrants to change their positions on the Waitlist may affect your position on the Waitlist, including without limitation by lowering your position on the Waitlist. If a potential winner is found to be ineligible for any reason, an alternate winner may be selected from the pool of eligible entries. Entrants will be contacted at the email address or phone number used to sign up for the Waitlist. Debbie is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any entrants. Additional paperwork, releases, background checks or screenings, to the extent allowed by law, may also be required before a Prize can be awarded. Debbie reserves the right to disqualify any entrant (and his/her Giveaway entry) from the Giveaway, if such entrant fails to comply with these Official Rules and the Waitlist Terms, tampers with the entry process, acts fraudulently or with misconduct that affects the integrity of the Giveaway, or engages in any inappropriate or unacceptable behavior, in each case as determined by Debbie in its sole discretion.
4. PRIZE: The total approximate retail value (“ARV”) of all prizes is $10,000. Prizes are non-transferable and no cash equivalent or substitution of any Prize is offered. All Prize details not specified in these Official Rules will be determined in Debbie’s sole and absolute discretion. In order to receive a Prize, winners may be required to provide proof of identification or eligibility. Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. Shipping will only be to the verified winners’ physical mailing address (no P.O. Boxes) in the fifty (50) United States or the District of Columbia and will be the physical mailing address entrant used at the time of application. Cash prizes will be distributed directly into the winners’ Debbie account. In the event that Debbie is unable to provide a winner with his/her Prize(s) or any portion thereof, Debbie may elect, in its sole discretion, to provide such winner with the approximate value of such item in cash, or to award an alternate prize of comparable or greater value.
5. ENTRANT’S PERSONAL INFORMATION: By entering the Giveaway, you consent to the collection, use and disclosure of your personal information for the purpose of administering the Giveaway and prize fulfillment.
6. GENERAL CONDITIONS: THE PRIZE SHALL BE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. By entering the Giveaway, you agree to and hereby do release and hold harmless Debbie and its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Giveaway, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Debbie reserves the right to correct clerical or typographical errors in promotional materials. Debbie reserves the right to modify these Official Rules in any way or at any time. Debbie reserves the right, in its sole discretion, to cancel or suspend this Giveaway. In the event of cancellation or suspension, Debbie shall promptly post a notice on Debbie’s website to such effect. Any dispute shall be resolved in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in or with jurisdiction over the State of Delaware, and each party consents to the jurisdiction thereof. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
7. QUESTIONS REGARDING THE GIVEAWAY? Send an email to email@example.com.
In connection with obtaining services through the platform administered by Debbie Inc. (“Debbie”, “we”, “us”), you consent to receive and view communications, disclosures, notices, statements, policies, agreements and other communications we are required by law to provide to you or may otherwise provide to you for any product or service you obtain from us (collectively, “Disclosures”) relating to your eligible account on the Debbie platform (“Account”) electronically by any of the following means:
Your consent covers all Disclosures relating to any product we offer through the website at joindebbie.com and remains in effect until you give us notice that you are withdrawing it. Delivery by any of these means will constitute proper notice to you under applicable law.
You acknowledge that Disclosures will include, but may not be limited to, the following:
1. YOUR RIGHT TO REVOKE CONSENT: Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by emailing us at firstname.lastname@example.org button at the bottom of this page or submitting your request in writing to: Legal Department, Debbie Inc., 1000 Brickell Ave Ste 715 #1557 Miami, FL 33130. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
2. SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:
By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Disclosure for your records. We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.
3. RECEIVING TEXTS AND EMAILS: In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the Terms of Service. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.
4. RESERVATION OF RIGHTS: We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.
5. COMMUNICATIONS IN WRITING: We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date. All Disclosures from us to you will be considered "in writing" and shall have the same meaning and effect as a paper Disclosure. You acknowledge and agree that Disclosures are considered received by you within 24 hours of the time posted to the Website, or within 24 hours of the time emailed or sent via text to you unless iTrust receives notice that the Disclosure was not delivered.
6. GENERAL: You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.
7. CONTACT US: Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by clicking the “Contact Us” link at the bottom of this page, contacting joindebbie.com/terms-of-service or mailing us at Legal Department, Debbie Inc. at 1000 Brickell Ave Ste 715 #1557 Miami, FL 33131.