TIPJAR TERMS OF USE FOR OPERATORS

  1. Meanings

    1. In these Terms of Use, the following words are defined
    Term Definition
    Content All software, text, media, and other content available on the Service
    Customers Anyone who leaves a Tip through TiPJAR
    Due Date 30 days of the date of the invoice to a bank account nominated in writing by TiPJAR
    Marks Trademarks, logos and brand elements
    Operator The business subscribing to TiPJAR’s Service to allow for Tips for its employees and controlling Tip splits
    Service TiPJAR, the cashless tipping platform that enables clients to receive, pool, split and distribute digital tips
    Team TiPJAR Functionality provided by TiPJAR that allows for tip pooling, among other things
    Terms of Use This agreement for Operators and any order form and any schedules attached hereto
    TiPJAR, We, Our, Us TiPJAR USA, Inc.
    Tips An uncalled for spontaneous payment offered by a Customer to a Client via the TiPJAR platform, with the intention of this money being provided directly to the Client or relevant Team TiPJAR
    Clients Tip recipients who may be employees of Operator
  2. Description of TiPJAR

    1. The Service is a cashless, mobile tipping platform that utilizes integrations and web technology to collect Tips directly from Customers.
    2. Operators may contract with Us in order to grant their employees permission to use TiPJAR at their establishments.
    3. Clients may contract with Us in order to provide Services to Customers on behalf of TiPJAR, and authorise TIPJAR to represent them as agent to collect tips from Customers to whom they have delivered Service.
    4. Operators may contract with Us to enable workers at locations operated by them to utilise the Service at their establishments.
  3. Acceptance of Terms of Use

    1. These Terms of Use set forth the terms pursuant to which Operators permit Us to offer the Service for the benefit of their employees.
    2. The use of the Service constitutes your acceptance of these Terms of Use.
    3. If you do not agree with any aspects of these Terms of Use, you may not use the Service.
  4. Changes to Terms of Use and Service

    1. We reserve the right to update, replace, or otherwise modify these Terms of Use and the Service at any time. When We make any material change to these Terms of Use, We will notify you through email at the email address that you have provided to Us.
  5. Availability of the Service

    1. We may discontinue or change the Service at any time with or without prior notice and without liability to you.
    2. We make no guarantees or representations that the Service will be available at all times or without interruption.
  6. Our Obligations

    1. We act on behalf of Clients for the purpose of collecting and passing Tips on to them. We do not act as your agent or act on your behalf in any capacity.
    2. We provide the Service to you for the benefit of Clients to allow them to receive Tips from Customers.
    3. Our objective is to make the Service free to Clients and, as such, when a Customer opts to Tip a Client, We will notify the Customer of the applicable Service fee and require the Customer to cover such Service fee.
    4. We reserve the right to accept or decline any Tip offered through the Service. As a security measure, We may limit, in Our sole discretion, how much Customers can Tip by imposing limits related to the number of times that any single Customer can utilize the Service per day or any other period of time.
  7. Charges and Payment

    1. In consideration of the provision of the Service by TiPJAR, the Operator shall pay subscription fees to TiPJAR, as specified in the applicable order form. All fees quoted to the Operator are exclusive of any applicable sales taxes or/and VAT, which TiPJAR shall add to its invoices at the appropriate rate.
    2. In addition to the fees, the Operator agrees to reimburse TiPJAR at cost for all reasonable expenses incurred in providing the Service (such as additional printing and/or design costs).
    3. When an agreed installment is due, TiPJAR shall invoice the Operator for the fees that are then payable, together with the costs of any equipment, materials and/or expenses which have not been expressly included in the fixed price and any applicable VAT.
    4. The Operator shall pay each invoice submitted to it by TiPJAR, in full and in cleared funds, within the Due Date. Without prejudice to any other right or remedy that it may have, if the Operator fails to pay TiPJAR on the Due Date:
      1. Operator shall pay interest on the overdue amount at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. Such interest will accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment; and
      2. TiPJAR may suspend all Services until payment has been made in full.
    5. On termination of these Terms of Use, all sums payable to TiPJAR shall become due immediately (notwithstanding any other provision of these Terms of Use). The Operator shall pay all amounts due under these Terms of Use in full without any deduction or withholding except as required by law and neither party shall be entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part.
  8. Your Obligations

    1. Operators must cooperate with Us in all matters relating to the Service. Operators must also provide, in a timely manner, any equipment, materials, and any information as may be required to provide the Service; in the case of equipment, Operators shall ensure that it is in good working order and suitable for the purposes for which it is used. In the case of information, the Operator shall ensure that it is accurate in all material respects.
    2. It is your responsibility to determine what, if any, tax and income reporting requirements that apply to any payment between Customers and any Clients that are considered your employees under applicable law. Further, your agreement to and acceptance of these Terms of Use do not change or limit your responsibilities for the proper collection, reporting, and remittance of applicable taxes to the appropriate taxation authorities for Tips reported to you by Clients as their employer. Tip reporting that reflects payout amounts can be provided by TiPJAR if requested by you or by Clients.
    3. You agree that Customers and Clients are registering with the Service solely for personal transactions, and are not registering for purposes of engaging in commercial transactions, such as regularly carrying on a trade or business through the use of the Service. We consider digital tips identical to cash Tips and gratuitous in nature and therefore not intended as payment for the provision of goods and services.
    4. You will permit TiPJAR to use the your name and logo to actively promote the service through TiPJARs apps, websites, social media channels and materials.
  9. Your use of Our Service

    1. Your use of Our Service is subject to the following restrictions.You must not:
      1. copy the Service except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security;
      2. sub-license or otherwise make available the Service in whole or in part (including object and source code), in any form to any person without Our prior written consent;
      3. remove any copyright or other proprietary notices contained in the Service;
      4. use any Service in any manner that may infringe any of Our rights or rights of a third party;
      5. use the Service in any way that might be illegal or breach these Terms of Use;
      6. reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit Our Service in any way for any commercial purpose, without Our prior written consent;
      7. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service or attempt to do any such thing; or
      8. use the Service in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Service in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
    2. Any use of Our Service in a manner not expressly permitted by these Terms of Use may constitute an infringement of Our rights and/or the rights of Our licensors. We and Our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of rights in Our Service.
  10. Uploading Your Content to Our Service

    1. On certain parts of Our Service, you may be invited to upload materials to Our Service and/or make contact with other users. If you choose to upload such materials, your content must not:
      1. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
      2. be illegal or infringe the rights of any third party, in any country in the world; and
      3. be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    2. By uploading your content to the Service, you hereby grant Us and Our designees, together with users of Our Service an irrevocable non-exclusive license (which is unlimited in time) to view and use your content without restriction, including by way of example for commercial purposes.
  11. Tip Pooling and Distribution

    1. Clients may elect to collect Tips jointly with other Clients through a Team TiPJAR. When Clients choose to do so, Operators will act as administrators of the pooled Tips and will be responsible for communicating how Tips will be distributed based on the volume of Tips received. This may be based on hours that Clients have worked or some other metric supported by the Service.
  12. Ownership

    1. We own or license all
      1. right, title, and interest in and to Our Content; and
      2. Our Marks.
    2. The Service, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © TiPJAR. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from TiPJAR.
  13. Termination

    1. Subject to any agreed minimum or intial term as specified in the relevant Order Form you or We can terminate these Terms of Use at any time by serving 90 days’ prior written notice by email to the other party. In the event that you wish to terminate these Terms of Use, you must immediately discontinue all use of the Service.
    2. Any use, access, or attempted use or access of the Service subsequent to notice of termination will make such notice null and void and constitute your continued agreement to these Terms of Use.
    3. TiPJAR may terminate these Terms of Use immediately by giving written notice to you if you:
      1. do not pay any sum due to you under the Terms of Use within 30 days of the due date for payment;
      2. commit a material breach of the Terms of Use which, if capable of remedy, you fail to remedy within 30 days after being given written notice specifying full particulars of the breach and requiring it to be remedied;
      3. persistently breach any term of the Terms of Use;
      4. are dissolved, cease to conduct substantially all of your business or become unable to pay your debts as they fall due;
      5. are a company over any of whose assets or property a receiver is appointed;
      6. make any voluntary arrangement with your creditors or (if a company) become subject to an administration order (within the meaning of the Insolvency Act 1986);
      7. (if an individual or firm) have a bankruptcy order made against you or (if a company) go into liquidation;
      8. undergo a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010); or
      9. (if an individual) die or as a result of illness or incapacity become incapable of managing your own affairs.
  14. Consequences of Termination

    1. On termination or expiry of these Terms of Use:
      1. Operator shall immediately pay to TiPJAR all of TiPJAR's outstanding unpaid invoices and interest and, in respect of Service supplied but for which no invoice has been submitted, TiPJAR may submit an invoice, which shall be payable immediately on receipt;
      2. Operator shall, within a reasonable time, return all of TiPJAR's equipment and any relevant deliverables remaining the property of TiPJAR. Until they have been returned or repossessed, Operator shall be solely responsible for their safe keeping;
      3. TiPJAR shall continue to honor its obligation to pass any Tips collected by Customers to Clients;
      4. Termination or expiry of these Terms of Use shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry; and
      5. Other than as set out in the Terms of Use, neither party shall have any further obligation to the other under the Terms of Use after its termination.
  15. Disclaimers

    1. THE SERVICE IS PROVIDED TO YOU ON AN AS IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. NOTHING IN THESE TERMS OF USE, WHETHER EXPRESS OR IMPLIED, SHALL BE DEEMED OR CONSTRUED TO BE TAX OR LEGAL ADVICE FOR ANY PARTICULAR SITUATION, NOR DO THESE TERMS OF USE REPRESENT A GUARANTY THAT ANY PAYMENT OR TRANSACTION UNDER THE SERVICE WILL BE AFFORDED A SPECIFIC TAX TREATMENT UNDER APPLICABLE LAW.
  16. Limitation of Liability

    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIPJAR USA, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR ARE AWARE OF THE POSSIBILITY OF DAMAGES.
    2. IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIPJAR AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICE. TIPJAR AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICE.
    3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIPJAR’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TIPJAR DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
  17. Indemnification

    1. You will defend, indemnify, and hold Us harmless from and against any actual or threatened suits, actions, proceeds (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to: (a) the Service; (b) actual or alleged violation of these Terms of Use or the right of any third party by you or any person using the Service on your behalf; or (c) any information that you share with Us.
    2. We will indemnify you from and against any damages, liabilities, cost and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursement) actually awarded by a court or other authority of competent jurisdiction for claims made by your employees regarding Our distribution of Tips. The foregoing indemnity excludes all claims arising from or relating to the distribution of Tips according to incorrect data or other information provided to Us by You.
  18. Consent to Electronic Communications

    1. By using the Service, you agree that We may communicate with you electronically regarding your use of the Service and that any notices, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that communications be in writing. To withdraw your consent from receiving electronic notice, please notify Us at [ADDRESS OR EMAIL].
  19. Governing Law and Arbitration

    1. These Terms of Use shall be construed in accordance with and governed by the laws of the State of California without regard to its rules regarding conflicts of law. Except as subject to the arbitration provision below, you agree that any action of whatever nature relating to these Terms of Use or Service will be filed only in the state or federal courts located in Orange County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
    2. ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN US (INCLUDING ANY DISPUTES BETWEEN YOU AND A THIRD-PARTY AGENT OF OURS) SHALL BE DETERMINED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT HAVING COMPETENT JURISDICTION.
    3. YOU AND WE AGREE THAT THE ARBITRATION PROCEEDINGS WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDINGS, EXCEPT AS MAY LAWFULLY BE REQUIRED IN JUDICIAL PROCEEDINGS RELATING TO THE ARBITRATION, BY APPLICABLE DISCLOSURE RULES AND REGULATIONS OF SECURITIES REGULATORY AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES, OR AS SPECIFICALLY PERMITTED BY STATE LAW. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS OF USE. HOWEVER, THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, A CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE.
    4. IF YOU DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO THE COSTS OF LITIGATION, WE WILL PAY AS MUCH OF THE ADMINISTRATIVE COSTS AND ARBITRATOR'S FEES REQUIRED FOR THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE COST OF THE ARBITRATION FROM BEING PROHIBITIVE. IN THE FINAL AWARD, THE ARBITRATOR MAY APPORTION THE COSTS OF ARBITRATION AND THE COMPENSATION OF THE ARBITRATOR AMONG THE PARTIES IN SUCH AMOUNTS AS THE ARBITRATOR DEEMS APPROPRIATE.
    5. THIS ARBITRATION AGREEMENT DOES NOT PRECLUDE EITHER PARTY FROM SEEKING ACTION BY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES. YOU AND WE ALSO HAVE THE RIGHT TO BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN ADDITION, YOU AND WE RETAIN THE RIGHT TO APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR PROVISIONAL RELIEF, INCLUDING PRE-ARBITRAL ATTACHMENTS OR PRELIMINARY INJUNCTIONS, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THESE TERMS OF USE, NOR A WAIVER OF THE RIGHT TO HAVE DISPUTES SUBMITTED TO ARBITRATION AS PROVIDED IN THESE TERMS OF USE.
    6. NEITHER YOU NOR WE MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR OUR INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. THE ARBITRATOR MAY AWARD IN THE ARBITRATION THE SAME DAMAGES OR OTHER RELIEF AVAILABLE UNDER APPLICABLE LAW, INCLUDING INJUNCTIVE AND DECLARATORY RELIEF, AS IF THE ACTION WERE BROUGHT IN COURT ON AN INDIVIDUAL BASIS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING OR HEREIN, THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION” AND ANY SUCH “PUBLIC INJUNCTION” MAY BE AWARDED ONLY BY A FEDERAL OR STATE COURT. IF EITHER PARTY SEEKS A “PUBLIC INJUNCTION,” ALL OTHER CLAIMS AND PRAYERS FOR RELIEF MUST BE ADJUDICATED IN ARBITRATION FIRST AND ANY PRAYER OR CLAIM FOR A “PUBLIC INJUNCTION” IN FEDERAL OR STATE COURT STAYED UNTIL THE ARBITRATION IS COMPLETED, AFTER WHICH THE FEDERAL OR STATE COURT CAN ADJUDICATE THE PARTY’S CLAIM OR PRAYER FOR “PUBLIC INJUNCTIVE RELIEF.” IN DOING SO, THE FEDERAL OR STATE COURT IS BOUND UNDER PRINCIPLES OF CLAIM OR ISSUE PRECLUSION BY THE DECISION OF THE ARBITRATOR.
    7. IF ANY PROVISION OF THIS SECTION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THAT SPECIFIC PROVISION SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED, BUT THE REMAINDER OF THIS SECTION SHALL CONTINUE IN FULL FORCE AND EFFECT. NO WAIVER OF ANY PROVISION OF THIS SECTION OF THE TERMS OF USE WILL BE EFFECTIVE OR ENFORCEABLE UNLESS RECORDED IN A WRITING SIGNED BY THE PARTY WAIVING SUCH A RIGHT OR REQUIREMENT. SUCH A WAIVER SHALL NOT WAIVE OR AFFECT ANY OTHER PORTION OF THESE TERMS. THIS SECTION OF THE TERMS WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.
    8. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  20. Links

    1. The Service may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
  21. Privacy Policy

    1. Information and data provided by you are subject to TiPJAR’s Privacy Policy which can be found at https://www.wearetipjar.com/us/privacy-policy/.
  22. Complete Agreement

    1. These Terms of Use constitute the entire agreement between TiPJAR USA, Inc. and you and supersede all prior agreements. If any provision within these Terms of Use is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of any other provision.