Terms of Service

Effective Date: August 23rd, 2024

Welcome to Sharebite. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, commercial payment card offerings (“Sharebite Passports”) and applications (collectively, the “Services”), including some Services that may be made available to you through your employer (“Employer”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: legal@sharebite.com

Phone: (800) 527-9005

These Terms of Service (the “Terms”) are a binding contract between you and SHAREBITE, INC. (“Sharebite,” “we” and “us”). Your use of the Services in any way, including, without limitation, as a corporate user placing or managing a corporate order through Sharebite’s Services (an “Ordering User”) or on behalf of a retailer or restaurant partner processing and fulfilling delivery orders through any use of Sharebite’s Services (a “Delivery Partner”), means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies posted through the Services. Your use of or participation in certain Services is subject to additional applicable terms that are posted at https://sharebite.com/legal and may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1. Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change these Terms at any time, but if we materially change these Terms, we will place a notice on our site located at https://sharebite.com/, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services (including the Sharebite Passports) in any way after a change to these Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

  1. What about my privacy?

Sharebite takes the privacy of its users very seriously. For the current Sharebite Privacy Policy, please click here. Please note that some aspects of the Services are provided by third parties pursuant to their terms and privacy policies, which are available at: https://sharebite.com/legal/ .

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at legal@sharebite.com.

  1. What are the basics of using Sharebite?

You may be required to sign up for an account, select a password and user name (“Sharebite User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Sharebite User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Microsoft. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us when accessing certain parts or features of the Services using a Third Party Account and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity.

You will only use the Services for your authorized internal use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you and your use of the Services. Without limiting the foregoing, you will only use Sharebite Passports for your authorized internal business purposes, and not for any personal, family or household use. If your use of any Services is prohibited by applicable laws, statutes, regulations, rules, ordinances or subordinate legislation, including, as applicable, tax laws, economic sanctions laws, embargoes and any directives, policies, rules, guidance, or orders, that are made or given by a regulatory authority of any national, federal, commonwealth, state, provincial, or local jurisdiction (“Applicable Laws”), then you aren’t authorized to use those Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You represent, warrant and covenant that you will use and engage with the Services in a lawful manner, in compliance with all Applicable Laws and not in or for the benefit of a country, organization, entity, or person identified, embargoed or blocked by any government, including, without limitation, those on sanctions lists.

You will not share your Sharebite User ID, Sharebite Passport, account or password with anyone, and you must protect the security of your Sharebite User ID, Sharebite Passport, account, password and any other access tools or credentials. If you believe your Sharebite User ID, Sharebite Passport, account or password has been stolen or compromised, you must immediately change your password. You’re responsible for any activity associated with your Sharebite User ID, account and Sharebite Passport, whether or not you authorized such use.

  1. How do Ordering Services work?

Sharebite provides an online marketplace which enables consumers to place orders for food and/or other goods from restaurants and businesses (“Ordering Services”).  Sharebite is not a restaurant or food preparation business. Charges paid by you for completed and delivered orders are final and non-refundable. Sharebite has no obligation to provide refunds or credits, but may grant them, in each case in Sharebite’s sole discretion. Sharebite may change the fees for the Ordering Services as we deem necessary or appropriate for our business, including but not limited to delivery fees and service fees.  Sharebite may also charge merchants fees on orders that you place through the Ordering Services, including commissions and other fees, and may change those merchant fees as we deem necessary or appropriate for our business or to comply with Applicable Laws.

  1. Are there additional terms applicable to Delivery Partners?

If you are a Delivery Partner, the terms of this section shall also apply to your use of the Services and you acknowledge and agree that all collection and use of any Ordering User data that a Delivery Partner collects, uses, processes, stores or generates as a result of an Ordering User’s use or the use by any Ordering User personnel of Sharebite’s Services or any point of sale system of or used by or in connection with Sharebite’s Services (“Ordering User Data”), is subject to these Terms and the Privacy Policy. Delivery Partner is responsible for making sure that Delivery Partner’s use of all Ordering User Data complies with these Terms, the Privacy Policy and all Applicable Laws. Except for the sharing of Ordering User Data between Sharebite and Delivery Partner, Delivery Partner agrees that it will not, absent consent from the Ordering User to which the Ordering User Data relates, sell, rent, release, disclose, disseminate, make available, transfer or otherwise communicate any Ordering User Data to a third party for monetary or valuable consideration, or pursuant to any arrangement whereby that third party is able to use any Ordering User Data for its own purposes or to service other users of Sharebite’s Services.

Delivery Partner hereby grants Sharebite a worldwide, non-exclusive, royalty-free license to use, copy, access, process, reproduce, perform, display, modify, distribute and transmit Ordering User Data for the purpose of supporting Sharebite’s Services (including without limitation, for purposes of providing, improving, testing, operating, facilitating, promoting and marketing the Delivery Partner’s restaurant or retail establishment or any of Sharebite’s Services). Delivery Partner bears all responsibility and liability for the accuracy, quality, completeness, and legality of Ordering User Data provided to Sharebite hereunder and is solely responsible for obtaining authority and consent from Ordering Users, as necessary, to grant this license to Sharebite.

  1. How do Sharebite Engage Credits and other Promotional Credits work?

Your Employer may make certain credits available to you to use for Qualified Purchases (“Engage Credits”). Engage Credits and any other promotional credits issued by Sharebite (“Promotional Credits” and together with Engage Credits, “Credits”) may only be used and redeemed for Qualified Purchases through the Services. Sharebite reserves the right, in its sole discretion, to determine whether or not to issue Promotional Credits. You will be notified through the Services if any Credits are available in your account and of the terms and conditions applicable to your use of Credits.

Credits you receive may qualify as taxable income to you. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Credits. We are not responsible for determining whether you owe taxes in connection with your use of Credits or for collecting, reporting, or remitting taxes arising from your use of Credits, except for our own income taxes.

Credits are not your property and may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter). Credits have neither cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed by us. Credits cannot be used to offset any amount due from you to us. All redemptions are final. Except as otherwise set forth in the Services, all Credits not redeemed within the one (1) year period immediately following issuance will expire and will not be refundable or redeemable for any value or Qualified Purchase. The sale or barter of any Credits, other than by us, is expressly prohibited.

If we do not credit, or improperly deny, a Credits redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Credits redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents or representatives have any other or additional liability to you or any other person for such error(s), subject to Applicable Laws. If you deactivate, cancel or terminate your account with Sharebite, all Credits associated with your account will be forfeited and will not be refundable or redeemable for any value or Qualified Purchase.

  1. How do Sharebite Passports work?

You may be authorized by your Employer to use Sharebite Passports issued by a payment card network principal issuing member (the “Issuer”). You may only use Sharebite Passports if your use has been authorized by Sharebite and the Issuer. Sharebite Passports may only be used to make purchases for food, meals and certain other items for commercial purposes that are not restricted or prohibited by Sharebite or the Issuer (“Qualified Purchases”), which are in each case payable by your Employer up to the amount authorized by your Employer (the “Qualified Expense”).  If you have been issued a Sharebite Passport by your Employer, you are an “Authorized Card User” of your Employer.

Before you are authorized to be issued a Sharebite Passport, Sharebite and Issuer must determine whether you are eligible to access and use Sharebite Passports. You will provide accurate and complete information regarding you and your intended and actual use of Sharebite Passports (“Eligibility Information”) and notify Sharebite as needed to ensure that Eligibility Information remains up-to-date. You will cooperate with Sharebite and Issuer in connection with any requests for Eligibility Information or any other information or supporting documentation that Sharebite or Issuer deems reasonably necessary to comply with any regulatory or legal obligations to offer and maintain the Sharebite Passports, including for the purpose of assessing eligibility to access and use the Sharebite Passports in accordance with Sharebite’s and Issuer’s onboarding and screening provisions, and information for use in monitoring and risk, eligibility, Know Your Customer (“KYC”) or anti-money laundering reviews, and in connection with the management of Sharebite Passports.

You hereby acknowledge and agree that Sharebite may collect and use Eligibility Information and other data, information or material provided, uploaded, made available or submitted by you or on your behalf to Sharebite or to the Services in the course of using the Services (collectively, “Authorized Card User Data”), and you hereby authorize and instruct Sharebite to make Authorized Card User Data available to any Issuer in connection with offering, maintaining and reviewing eligibly for and use of the Sharebite Passports. Sharebite and Issuer may also use Authorized Card User Data for the purpose of generating Aggregated Anonymous Data, and freely use, retain and make available Aggregated Anonymous Data for Sharebite’s and Issuer’s business purposes. “Aggregated Anonymous Data,” means Authorized Card User Data in aggregate, anonymized form which can in no way be linked specifically to you.

You, not Sharebite, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all Authorized Card User Data. You represent and warrant that you have all rights necessary to provide the Authorized Card User Data to Sharebite as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy). Sharebite will handle all Authorized Card User Data in accordance with Sharebite’s Privacy Policy and is not responsible for unauthorized access to Authorized Card User Data or the unauthorized use or processing of the Authorized Card User Data unless such access is due to Sharebite’s gross negligence or willful misconduct.

Once issued, you must activate the Sharebite Passport and complete the activation process before it may be used. To activate your Sharebite Passport, login to your Sharebite account. You may need to provide additional personal information in order for your identity to be verified and for completion of the activation process. We reserve the right to cancel, close or restrict use of the Sharebite Passport, including by refusing the processing of any transaction, including if we believe you have violated these Terms, the Issuer Card Terms or any Applicable Laws. You may not use the Sharebite Passport for the benefit of any third party.

While a Sharebite Passport may be issued to you, please note that your access to such Sharebite Passport is controlled by your Employer.  This Sharebite Passport may only be used as permitted by your Employer. These Sharebite Passports are provided to you by Sharebite to access funds available to you pursuant to your relationship with your Employer.  Your Employer may choose to set spending limits, time restrictions, or impose other controls on your use of such Sharebite Passport and may suspend or terminate access to your Sharebite Passport at any time and for any reason.

Sharebite Passports are issued by the Issuer identified in the relevant cardholder agreement (the “Issuer Card Terms”).  By accepting these Terms, you are also accepting and agreeing to be bound by and fully comply with the Issuer Card Terms available here. You agree to indemnify, defend and hold Sharebite harmless from and against all claims, losses and liability arising out of or relating to your breach of the Issuer Card Terms.  You may only use the Sharebite Passports if you have consented to the applicable Issuer Card Terms.  Issuers may update Issuer Card Terms at any time.  In such circumstance, we will provide notice to you of such updates through the Services if required by Applicable Laws and your continued use of the Sharebite Passports constitutes your acceptance of the updated Issuer Card Terms.  We also reserve the right to change the Issuer, subject to the terms of our agreement with the Issuer. To the extent that there is any conflict between these Terms and the Issuer Card Terms with respect to the terms applicable to Sharebite Passports, the Issuer Card Terms will govern and control.

The Sharebite Passport is not connected to any checking or savings account.  You may not use your Sharebite Passport at an ATM or to obtain cash. You must make every reasonable effort to safeguard your ‘Sharebite Passport to prevent it from being used for unauthorized transactions.  YOU ARE WHOLLY RESPONSIBLE AND LIABLE FOR ALL USE OF THE SHAREBITE PASSPORT. SHAREBITE RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SHAREBITE PASSPORT OFFERING OR ANY PART THEREOF, EITHER TO THE EXTENT REQUIRED BY APPLICABLE LAWS OR ISSUER, OR OTHERWISE.

Can I make Qualified Purchases with Sharebite Passport through Sharebite’s Online Marketplace?

You may be permitted to make Qualified Purchases using your Sharebite Passport from Sharebite’s Delivery Partners through the Services. In addition to the terms of this Section 7, Qualified Purchases from Sharebite’s Delivery Partners must be made in accordance with the terms of Section 4.

What if I want to spend beyond my Qualified Expense allowance?

Each transaction initiated with your Sharebite Passport constitutes your request that your Qualified Expense allowance be debited in any amount equal to the amount of the transaction less any amounts for which you are responsible (“Non-Qualified Expenses”).  You may choose to link a personal payment card (“Personal Card”) to cover Non-Qualified Expenses.  For example, if an Employer authorizes you to spend fifteen dollars ($15.00) for lunch, but you want to purchase a meal that costs twenty dollars ($20.00), five dollars ($5.00) of that purchase will be considered a Non-Qualified Expense. If you have linked a Personal Card to the Services, your Personal Card will be charged for any amounts that exceed your Qualified Expense allowance.  By linking a Personal Card:

  • You acknowledge and agree that the Sharebite Passport is to be used to pay for Qualified Expenses up to the Qualified Expense amounts allotted to you by your Employer.  If you incur charges that exceed your Qualified Expense balance, you must directly reimburse Sharebite for such amount.
  • You represent and warrant that your Personal Card belongs to you, you have the right to authorize us to charge your Personal Card, and that you will maintain Personal Card information to be accurate and up to date. You will defend, indemnify and hold us harmless from and against any claims by any other owner or user of your Personal Card.  Sharebite does not take any responsibility for payment made into or out of the wrong account based on your input.  You agree to promptly notify us in writing of any changes to Personal Card.
  • You agree to maintain a balance associated with your Personal Card account that is sufficient to fund all charges you initiate for non-Qualified Expenses, and that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a sufficient balance in your Personal Card account.
  • Payments that you initiate through the Services may be declined, invalidated or reversed by us if, among other reasons, the funding transaction from your Personal Card is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated these Terms or the Issuer Card Terms or any other agreement with us.
  • You authorize Sharebite and its service providers to debit and credit your Personal Card for payments you transmit or receive through or in connection with the Services for Non-Qualified Expenses.  You agree that any transactions you authorize comply with all Applicable Laws.  You further understand that this authorization will remain in full force until you notify Sharebite that you wish to revoke this authorization by contacting us at legal@sharebite.com.  You understand that Sharebite requires at least ten (10) business days’ prior notice in order to cancel this authorization. You understand that revoking such authorization will not affect your responsibility to pay Sharebite for any payments due.  If you revoke your payment authorization, Sharebite may, in its sole discretion, suspend or terminate your access to some or all of the Services.

Can my Sharebite Passport transactions be declined?

An authorization is required for most transactions.  A requested transaction may be denied authorization if at the time the request is submitted (i) the type of merchant requesting the authorization is not a merchant type that is allowed to accept the Sharebite Passport; (ii) the requested transaction is not a Qualified Purchase; (iii) the amount of the proposed transaction exceeds your available Qualified Expense balance, less the amount of your outstanding transactions; (iv) the amount of the proposed transaction, together with your outstanding transactions, would cause you to exceed any authorization limit set by Sharebite or an Employer; (v) your Sharebite Passport has been suspended or terminated for any reason; (vi) you seek to utilize a Sharebite Passport for Non-Qualified Expenses and we have reason to believe that you will be unable to pay for such Non-Qualified Expenses; (vii) you have not included a Personal Card or file or the Personal Card on file is declined, expired, invalid, or otherwise unable to be processed; or (viii) such transaction is otherwise restricted or prohibited pursuant to the Issuer Card Terms.  You release Sharebite and your Employer from any claims of damages or losses that you may have or that may be incurred by you as a result of any authorization being withheld, even if your actual Qualified Expense allowance available at such time was sufficient to support the authorization.

Can my access to my Sharebite Passport be limited?

The Sharebite Passport may only be accessed and used in certain territories and jurisdictions as agreed upon by Sharebite and your Employer, as may be updated and amended from time to time (“Permitted Locations”). For more information about Permitted Locations, please contact your Employer or the internal administrator of your Employer’s Sharebite Passport program. You may not access or use Sharebite Passports outside of the Permitted Locations without your Employers, Sharebite’s and Issuer’s prior written consent in each case.

Your access to and use of Sharebite Passport may also be restricted or prohibited if you are involved in any industry or engage in any transactions involving certain product and service categories for which access to and use of the Services may be restricted or prohibited by an applicable Issuer (“Restricted Products and Services”). For the avoidance of doubt, unless otherwise expressly agreed upon by Sharebite and Issuer in writing, the purchase of any Restricted Products or Services is not a Qualified Purchase. You hereby agree to provide accurate, complete and up-to-date information and cooperate with Sharebite and Issuer to determine whether your access to and use of Sharebite Passport may involve any Restricted Products and Services, and to seek an exception where applicable and available.

Your Sharebite Passport and related privileges may also be suspended, terminated or limited at any time for any reason, including without limitation if (i) your Employer fails to pay for transactions or otherwise fails to comply with its obligations relating to its participation in the Sharebite Passport program; (ii) you fail to pay any amounts owed to Sharebite within the required timeframe; (iii) Sharebite believes your Sharebite Passport has been used by an unauthorized person or for any Unauthorized Use or that your Sharebite Passport has been compromised, stolen or misused; (iv) you are no longer eligible for a Sharebite Passport or Sharebite no longer offers such Sharebite Passports; (v) Sharebite notices excessive use of your Sharebite Passport, excessive use of a Sharebite Passport to pay for Non-Qualified Expenses, unpermitted transactions, or other suspicious activities; (vi) you violate these Terms or the Issuer Card Terms; or (vii) Sharebite believes that not doing so may pose a risk to an Employer, Sharebite, Issuer or any third parties, including but not limited to creating multiple chargebacks.  If Sharebite suspends your Sharebite Passport, it may reinstate access once any problems have been rectified.  Sharebite’s suspension, termination or limitation of Sharebite Passport privileges for an Authorized Card User will not otherwise affect your or Sharebite’s rights and obligations under these Terms.  Sharebite Passports may be denied or canceled due to changes in the Issuer’s policies, as required by Applicable Laws, or for other reasons Sharebite determines are appropriate under the circumstances.  You shall continue to be liable for all Non-Qualified Expense transactions on your Sharebite Passport occurring prior to any suspension or termination.  If your Sharebite Passport is suspended or terminated, you shall not use your Sharebite Passport to perform, or permit or authorize anyone else to perform, any further transactions.  If any transactions are performed after suspension or termination, you shall be liable and responsible under these Terms for any transaction made by you or anyone authorized by you after suspension or termination and you agree to promptly pay Sharebite for any such overages.

To request support for Sharebite Passport offerings, please contact Sharebite at help@sharebite.com and 800-527-9005.

Any other rights and liabilities associated with Sharebite Passports?

  • Your Responsibilities and Liabilities.
    • You will be liable to Sharebite for any fees, charges, costs, amounts, expenses or other losses that result from your actions or inactions associated with use of a Sharebite Passport that are not otherwise identified as payable by your Employer herein.  You further agree to pay Sharebite, to the extent permitted by law, the reasonable costs and expenses of collection of any amounts due from you under these Terms, including legal and collections fees and any interest at the maximum rate permitted by Applicable Laws.  Any document evidencing a transaction or the use of your Sharebite Passport by you or anyone authorized by you will be evidence of your authorization of, and liability for, the respective transaction.
    • Sharebite is not responsible for any problem you may have with any goods or services charged to a Sharebite Passport.  If you have a dispute with a merchant, you must handle it directly with the merchant.
  • Lost or Stolen Sharebite Passports.  
    • You are responsible for all authorized transactions initiated and fees incurred by use of a Sharebite Passport.  If you permit another person to have access to a Sharebite Passport or Sharebite Passport number, Sharebite will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons.  For purposes of this section, “Unauthorized Use” means use of the Sharebite Passport by a person (i) who is not you; (ii) who does not have actual, implied or apparent authority from you to use the Sharebite Passport; and (iii) whose use does not result in a direct or indirect benefit to your Employer or you.  If your Sharebite Passport is lost or stolen or if there is possible Unauthorized Use, you must notify Sharebite as soon as practically possible and in any event within the first twenty four (24) hours following discovery of the loss or theft or possible Unauthorized Use by contacting Sharebite at passport@sharebite.com, and take appropriate measures to prevent Unauthorized Use.  If (a) notice as provided in this Section is given within the first twenty (24) hours; and (b) you assist Sharebite in investigating facts and circumstances relating to the loss or theft or possible unauthorized use of the Sharebite Passport, then you will not be liable for transactions resulting from Unauthorized Use.
  • Sharebite Rights and Liabilities.
    • Sharebite shall have no liability if any merchant does not honor your Sharebite Passport, if a merchant is unable to obtain an authorization with respect to any transaction you attempt to make, or if you use a Sharebite Passport to pay for a Non-Qualified Expense.  Sharebite shall have no liability to you if through no fault of ours, your Qualified Expense balance is insufficient to complete the transaction or if your Sharebite Passport has been terminated, suspended, or limited as provided in the Agreement.  Any liability that we may have to you as a result of completing or a failure to complete a transaction shall be limited to the fullest extent permissible under Applicable Laws and any liability will not include any indirect or consequential damages.
  1. What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Sharebite sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Sharebite to send you information regarding your account or transactions with us, which may include Sharebite using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Sharebite, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Sharebite. You agree to indemnify and hold Sharebite harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

  1. Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including Sharebite);
  2. violates any Applicable Laws, including, without limitation, any applicable export control laws, privacy laws or for any other purpose not reasonably intended by Sharebite;
  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. jeopardizes the security of your Sharebite User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. copies or stores any significant portion of the Content; or
  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
  1. What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content; or (ii) in a way that violates someone else’s (including Sharebite's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Sharebite owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

  1. Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Sharebite. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Sharebite is not responsible for such risks.

Sharebite has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Sharebite will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Sharebite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Sharebite is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sharebite, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  1. Will Sharebite ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

  1. Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

  • Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
  • Billing. We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms, as set forth on https://sharebite.com/legal .  We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processors makes even if it has already requested or received payment.
  • ‍Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
  • ‍Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
  • ‍Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  • ‍Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at care@sharebite.com.
  1. What if I want to stop using the Services?

You’re free to do stop using the Services at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Sharebite is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Sharebite has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at care@sharebite.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

  1. What about Mobile Applications?

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

  1. I use the Sharebite App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

  1. Both you and Sharebite acknowledge that these Terms are concluded between you and Sharebite only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that Sharebite, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sharebite, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and Sharebite acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both you and Sharebite acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
  1. Can I refer other users?

From time to time Sharebite may offer rewards or incentives for referring others to the Services. The referring user (“Referrer”) may refer individuals or entities who are neither current Employers of Sharebite nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Sharebite. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Sharebite reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Sharebite's discretion for any reason or for no reason whatsoever. If Sharebite determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Sharebite reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Sharebite to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.

  1. What else do I need to know?

Warranty Disclaimer. Sharebite and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Sharebite and all such parties together, the “Sharebite Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Sharebite Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Sharebite Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. Without limiting the foregoing, you acknowledge and agree that the Sharebite Parties are not responsible for the quality, safety, or delivery of food or other items purchased, received or consumed in connection with the Services.THE SERVICES AND CONTENT ARE PROVIDED BY SHAREBITE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SHAREBITE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SHAREBITE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Sharebite Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account); and (b) your violation of these Terms, Issuer Card Terms or Applicable Laws. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sharebite's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Sharebite and limits the manner in which you can seek relief from Sharebite. Both you and Sharebite acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Sharebite's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

  1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York City, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. Sharebite will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Sharebite will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  3. Small Claims Court; Infringement. Either you or Sharebite may assert claims, if they qualify, in small claims court in New York City, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
  4. Waiver of Jury Trial. YOU AND SHAREBITE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Sharebite are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Sharebite over whether to vacate or enforce an arbitration award, YOU AND SHAREBITE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Sharebite is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
  6. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to legal@sharebite.com within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
  7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Sharebite to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Sharebite agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York City, New York, or the federal district in which that county falls.
  8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Sharebite.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Sharebite may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sharebite agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sharebite, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Headings in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of these Terms. As used in these Terms, the terms “include,” “includes,” and “including” will be deemed in each case to be followed by the words “without limitation.” These Terms cover your use of the Services and Sharebite Passports occurring prior to the effective date set forth above. You hereby acknowledge and agree that use of the Services and Sharebite Passports does not make you an employee, agent, partner, or joint venture of Sharebite, or give you authority of any kind to bind Sharebite in any respect whatsoever.Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Sharebite agree there are no third-party beneficiaries intended under these Terms.

  1. Will documents be sent electronically?

PLEASE READ THIS SECTION CAREFULLY AND PRINT OR SAVE A COPY FOR FUTURE REFERENCE TO VERIFY THAT YOU CAN KEEP THIS TYPE OF ELECTRONIC RECORD.

This Section of these Terms ("the E-Sign Consent") is a legally binding agreement between Sharebite and you and is fully incorporated into these Terms. In connection with the Services, we may choose to provide certain Records to you in electronic form and obtain your electronic signature in connection with those Records. If you withdraw your consent to receive Records in electronic form, you may be ineligible to use or obtain our Services.

Records to Be Provided in Electronic Form.

The "Records" covered by this E-Sign Consent include, but are not limited to, all documents, communications, contracts, statements, notices, authorizations, and disclosures  arising from or relating to your use or attempted use of the Services now and in the future. We reserve the right to decide which Records to provide electronically and when to request your electronic signature for those Records.

As part of your use of our Services, you are entitled by law to receive certain information “in writing”. All Records in either electronic or paper format from us to you will be considered “in writing”. You acknowledge and agree that your consent to Records is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Please read this E-Sign Consent carefully and keep a copy for your records.

Scope of Your Consent.

By agreeing to this E-Sign Consent, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it for your records. You further give your express consent to receive, view, and electronically sign the Records we display on any website, through any web browser, or in any software application (including any application for mobile or handled devices), You agree that the electronic Records we send to your designated email address may include Records displayed in the email message, attached to it or displayed when you selected links included in the message. When a Record is electronically displayed on your computer or your mobile or handheld device, you agree that your electronic signature for the Record may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your computer or your mobile or handheld device. Your consent for our use of electronic Records and signatures will be effective unless you withdraw it in the manner described below.

How to Withdraw Consent.

If you wish to withdraw your consent to receive Records electronically, you may do so by contacting us at legal@sharebite.com. However, once you have withdrawn your consent you may be ineligible to use or obtain certain parts of the Services.

Request for Paper Records.

After you have consented to receive Records electronically you would like to receive a paper copy of a Record we previously made available to you, you may request a copy by contacting us legal@sharebite.com. We will send your paper copy to you by U.S. mail. A paper copy of the requested Records will be provided at $1 per page.  A request for a paper copy of any Record will not be considered a withdrawal of your consent to receive Records electronically.

Changing your Contact Information.

It is your responsibility to provide us with a valid phone number, contact, email, and other information on file with Sharebite, and to update and promptly notify Sharebite of any changes in this information. You understand and agree that if we send you an electronic Record but you do not receive it because your valid phone number or email address or other contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Records, we will be deemed to have provided the Record to you.

Your use of a spam filter that blocks or re-routes emails from senders not listed in your email address book may impact your ability to receive our Records. Therefore, you must add Sharebite to your email address book so that you will be able to receive the Records we send to you.

Hardware and Software Requirements.

To access, view, and retain electronic Records that we make available to you, you must have:

  • access to the Internet;
  • an email account and related software capable of receiving email through the Internet;
  • supported web browsing software (the most recent version of Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari);
  • software that allows you to view and print or save PDF documents, such as Adobe Reader or similar software;
  • hardware capable of running the software described above; and
  • a printer or long-term storage device that allows you to print or save electronic Records for future reference.

If you are obtaining the Services electronically via a mobile or handheld device (such as a smart phone or tablet), in addition to the above requirements you must have software on your device that allows you to print and save the Records presented to you. This software can typically be found in the device's respective "app store." If you do not have these capabilities on your device, please obtain the Service through a device that provides these capabilities.

Termination/Changes.

We reserve the right, at our sole discretion, to discontinue the provision of your electronic Records, or to terminate or change the terms and conditions on which we provide electronic Records. We will provide you with notice of any such termination or change as required by law.

Consent.

By clicking the button, or selecting the checkbox, displayed in connection with acknowledging and/or agreeing to these Terms (or by otherwise taking an affirmative action indicating your agreement to this E-Sign Consent), you agree that:

  • You have received, read, and agree to all of the terms of this E-Sign Consent; and
  • You consent to your and our use of electronic Records and signatures in connection with any Services that you request, use, or obtain.