Terms and conditions
Last Revised: January 27, 2022
agreement between you and
YungPoints, LLC (“YungPoints,” “we,” or “us”) with respect to your use of all YungPoints-owned websites and
domains and the websites and domains of our parents, subsidiaries, and affiliates, including www.yungpoints.com
(collectively, the “Site”), or use of our mobile application (“Application”), and the services available on such
platforms (collectively, the “Services”), including any Content (as defined in Section 2 below). By accessing or
using the SERVICES in any manner (whether automated or otherwise), you (A) ACKNOWLEDGE THAT YOU HAVE READ,
and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction
BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A
CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A
CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 15
(ARBITRATION AGREEMENT) BELOW.
1. Changes to
these Terms of
Use were last updated is set forth at the top of this page. All changes are effective immediately and apply to
all access to and use of the Services thereafter. Your continued use of the Services following the posting of
2. Scope of and Restrictions on
non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use,
including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials
you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b)
download and install the Application on mobile devices owned or otherwise controlled by you (each, a “Mobile
stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any
purpose, without the express written permission of YungPoints. You agree not to:
collect information from
the Services using an automated software tool or manually on a mass basis;
use automated means to access the Services, or gain unauthorized access to the Services or to any account or
computer system connected to the Services;
obtain, or attempt to obtain, access to areas of the Site or an Application or our systems that are not intended
for access by you;
“flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
restrict or inhibit other users from accessing or using the Services;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or an
Application or in the Content;
access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights
If you download the Application, you further agree not to:
copy the Application (except to install it on
your Mobile Devices);
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source
code of the Application or any part thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the
Application or any features or functionality of the Application to any third party for any reason, including by
making the Application available on a network where it is capable of being accessed by more than one device at
any time; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights
management, or security features in or protecting the Application.
The Services (including the Content) are owned by YungPoints and are protected under
copyright, trademark, and
other applicable United States and international laws and treaties. Without limiting the foregoing, the
trademarks, service marks, and logos displayed on the Site and/or any Application are registered and
unregistered marks of YungPoints. The Application is licensed, not sold, to you. You acknowledge and agree that,
as between you and YungPoints, YungPoints is and shall remain the sole owner of the Services and the Content,
including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual
property and proprietary rights therein and thereto.
4. Electronic Communications.
communications between you and YungPoints via the Services use electronic means. For contractual purposes,
you consent to receive communications from us in electronic form, and you agree that all terms and conditions,
agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
You acknowledge and
using the Services, you consent to all actions we take with respect to your information in compliance with our
6. Sweepstakes, Contests, and Games.
contests, games, or other promotions (collectively,
“Promotions”) made available via the Services may have specific rules that are different from these Terms of
Use. We urge you to review the applicable rules before you participate in a Promotion.
YungPoints may, from time to time in its sole discretion, develop and provide Application updates,
include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”).
Updates may also modify or delete in their entirety certain features and functionality of the Services. You
agree that YungPoints has no obligation to provide any Updates or to continue to provide or enable any
particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile
Device is connected to the Internet, either (a) an Application will automatically download and install all
available Updates, or (b) you may receive notice of or be prompted to download and install available Updates.
You agree to promptly download and install all Updates and acknowledge and agree that the Application or
portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be
8. Change and Suspension.
Changes to the Services. YungPoints reserves the right to make changes to, suspend, or discontinue (temporarily
or permanently) the Services or any portion thereof (including any Content) at any time. You agree that
YungPoints will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. YungPoints has the right to deny access to, and to suspend or terminate your
access to, the Services or to any features or portions thereof, at any time and for any reason, including if you
Suspension or termination of services may be because of, but not limited to, the following prohibited
activities: (1) Having more than one account in your household, (2) Completing the same offer more than one time
through our platform, (3) Attempting to fraudulently complete any offer, (4) Not having genuine interest in the
offer you are completing, (5) Using a VPN or any other mechanism for changing or spoofing your IP address.
9. Disclaimer; Limitation of Liability.
Disclaimer of Warranties. THE SERVICES, THE APPLICATION AND THE
CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND YungPoints HEREBY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER YungPoints NOR ANY PERSON
ASSOCIATED WITH YungPoints MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE APPLICATION OR ANY CONTENT. WITHOUT
LIMITING THE FOREGOING, NEITHER YungPoints NOR ANYONE ASSOCIATED WITH YungPoints REPRESENTS OR WARRANTS THAT THE
SERVICES, THE APPLICATION OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT THE SERVICES, THE APPLICATION, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL YungPoints OR its OFFICERS,
directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO
USE THE SERVICES, THE APPLICATION OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH
OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 9.2,
YungPoints IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE
OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND THE APPLICATION IS AT YOUR SOLE RISK.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential
damages, so some of the exclusions and/or limitations in this Section 9 may not apply to you.
You agree to indemnify, defend, and hold YungPoints and its officers, directors,
employees, agents, licensors,
and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards,
costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the
Third Party Materials.
The Services may display, include, or make available third-party content (including
applications and other services and/or materials) or provide links to third-party websites or services
(collectively, “Third Party Materials”). You acknowledge and agree that YungPoints is not responsible for any
Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality,
or any other aspect thereof. YungPoints does not assume and will not have any liability to you or any other
person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a
convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’
terms and conditions.
12. Notice Regarding Apple.
The following additional terms and conditions
apply to use of the Application on an Apple, Inc. (“Apple”)
YungPoints only, and not with Apple, and Apple is not responsible for the Application or the Content thereof.
You agree that your license to use the Application is limited to the Apple iOS Mobile Device that you own or
control and that your use of the Application shall be subject to the usage rules set forth in Apple’s
then-current App Store Terms of Service. You and YungPoints acknowledge that Apple shall have no obligation to
provide maintenance and support services with respect to the Application. In the event of any failure of the
Application to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase
price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Application, and Apple will not be responsible for any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to
conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the
Application – see Section 9.1 (Disclaimer of Warranties). You and we acknowledge that Apple shall have no
responsibility for addressing any claims by you or any third party relating to the Application or your
possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any
claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims
arising under consumer protection, privacy or similar legislation. If a third party claims that the Application
or your possession and use of the Application infringes a third party’s intellectual property rights, Apple is
not responsible for the investigation defense, settlement or discharge of any such intellectual property
infringement claim. You represent and warrant that you are not located in a country that is subject to a United
States government embargo, or that has been designated by the United States government as a “terrorist
supporting” country, and that you are not listed on any United States government list of prohibited or
restricted parties. YungPoint’s contact information for any questions, complaints or claims with respect to the
Application is set forth in Section 17 below. You agree to comply with all applicable third party terms of
agreement when using the Application. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are
13. Linking to the Site.
You may link to the Site’s homepage, provided you do
so in a way that is fair and legal and does not damage or
take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part where none exists. You must not establish a link from any
website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to
any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing
or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
U.S. Export Controls.
The Application may be subject to United States export laws, including the including
the United States Export
Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or
release the Application to, or make the Application accessible from, any jurisdiction or country to which
export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable
laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export
license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the
Application available outside the United States.
15. ARBITRATION AGREEMENT.
PLEASE READ THIS SECTION
CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS
AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
Dispute Resolution. YOU AND WE AGREE THAT ANY DISPUTE
OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION,
AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. THIS
AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY
BETWEEN YOU AND YungPoints REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON
OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW
OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF
THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:
You may assert claims in your local small claims court if its rules permit it;
Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as
its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity
rights) must be brought in court; and
In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim
against us (except for small-claims court actions) may be commenced only in a federal or state court located in
Orange County, Florida, and we both consent to the jurisdiction of and venue in those courts for such purposes.
We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the
validity, protection or enforcement of a party’s intellectual property rights (excluding its privacy or
publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in
Prohibition of Class Actions and Non-Individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN
THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND
WE 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, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION
OR 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). If this specific provision is found to be unenforceable, then
all of Section 15, other than subsection 15.8, will be null and void and neither of us will be entitled to
arbitrate our dispute.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will
be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may
be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant
whatever relief would be available in a court under law or in equity, and must enforce the same limitations
stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not
provide an explanation for the award unless you or YungPoints requests one. 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
Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party
(“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly
explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative
(if the Claimant has one), and the Respondent’s name and address (for YungPoints, see below); (3) specify the
amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the
requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must
send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy
of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to
it (see Section 15.7) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at
the following address:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using : AAA WebFile: https://www.adr.org. Any Demand
to YungPoints should be addressed to: 10126 Enchanted Oak Dr. Golden Oak, FL 32836
Filing, Administration and Arbitrator Fees. Payment of all filing, administration and arbitrator fees will be
governed by the AAA’s rules, unless otherwise stated in this Section 15. If the value of the relief sought is
$10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with
the arbitration, but not your attorneys’ fees. Any request for payment of filing, administration, and arbitrator
fees by YungPoints should be submitted by mail to the AAA along with your Demand and YungPoints will make
arrangements to pay all such necessary fees directly to the AAA. In the event that the arbitrator determines
that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated
with the arbitration paid by YungPoints on your behalf that you otherwise would be obligated to pay under the AAA
OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 15, YOU MUST
NOTIFY YungPoints IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU
MAY OPT OUT BY MAILING A WRITTEN NOTICE TO YungPoints AT THE ADDRESS SET FORTH IN SUBSECTION 15.4. YOUR WRITTEN
NOTIFICATION TO YungPoints MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AS WELL AS A
CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH YungPoints THROUGH ARBITRATION. IF YOU OPT OUT OF
THE ARBITRATION PROVISIONS IN THIS SECTION 15, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY,
INCLUDING SECTION 15.8, BELOW.
Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we
agree that if we make any amendment to the arbitration provisions in this Section 15 in the future (other than
an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim
that was filed in a legal proceeding against YungPoints prior to the effective date of the amendment. The
amendment shall apply to all other disputes or claims that have arisen or may arise between you and YungPoints.
We will notify you of amendments to the arbitration provisions of this Section 15 by posting the amended terms
and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you
do not agree to the amended terms, you may cancel your Services and delete the Application from your Mobile
Device within the 30-day period and you will not be bound by the amended terms.
JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU
AND YungPoints EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED
BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH
OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
Geographic Restrictions. YungPoints is based in the State of Florida in the United
States. We make no claims
that the Services or the Content are accessible or appropriate outside of the United States. Access to and use
of the Services may not be legal by certain persons or in certain countries. If you access the Services from
outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
or claims) shall be governed by and construed in accordance with the laws of the State of Florida, other than
such laws and case law that would result in the application of the laws of a jurisdiction other than the State
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
continue in full force and effect.
between you and YungPoints with respect to the subject matter hereof, and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter.