Treater is a unique platform offered by SGN, Inc. that allows you to send gifts or "Treats" to your friends and family. Each Treat is a single-use, "closed-loop" prepaid product usable solely to purchase a specific item at one designated merchant. For example, a Treat might be a cupcake from a bakery; a ticket to a movie theater; a cup of coffee at a chain of coffee shops; or a massage at a spa.
For purposes of this Agreement, the term "Treat" or "Treats" shall mean the item selected by you the User for the Recipient. The term "Recipient" shall be the individual or person identified by the User to receive the Treat. The term "Portable Payment Process" or "PPP" shall be the closed-loop, single-use, payment product redeemable solely at a designated Merchant. The term "Merchant" shall include only those Merchants within Treater's closed-loop platform and listed in Treater's Applications, but the listing of a Merchant does not imply or suggest a legal relationship between Treater and said Merchant.
How Treater Works
After registering, the user identifies a Recipient to whom they would like to send a Treat and selects the Treat they would like to give. For example, the user (Mike) decides to buy his best friend (Lindsay) a cup of coffee at her favorite coffee shop to help her study for a big test. Mike logs into Treater, selects Lindsay as the Recipient and selects a latte at a specific merchant coffee shop as his Treat. Mike then writes Lindsay a personal message, pays for the transaction, hits send, and the Treat is on its way! Within minutes, Lindsay will receive notice that Mike has bought her a latte at her favorite coffee shop to help study for the big test. Mike's giving of the Treat will be posted on Lindsay's Facebook wall or other social media site. Lindsay, after logging into her Facebook account or other social media site, can take her mobile device to the identified coffee shop and redeem her latte Treat. Lindsay redeems the Treat by showing the cashier the Portable Payment Process or PPP sent by Treater.
Giving a Treat is that easy. Lindsay, as a Treat Recipient is not required to register as a User to redeem her Treat. The Treat stays in her "My Treats" until she decides to use it and get the latte Mike sent her.
To comply with the laws of the United States and state laws, Treater reserves the right to verify and sometimes store personal information. Because PPPs are all single-use and closed-looped, Treater is not a Money Services Business and is not required to register with the FinCEN. However, as part of Treater's anti-money laundering compliance procedures, Treater reserves the right to store certain pieces of User and Recipient information and cooperate with law enforcement to help the government fight terrorism and money laundering by responding to subpoenas or other mandatory legal demands in accordance with applicable laws.
Use of Treater
Treater can only be used within the fifty (50) United States and the District of Columbia. A Portable Payment Process or PPP is not redeemable for cash, except where required by law, and is not transferrable. Recipients may be required by merchants to present identification to redeem their Treat. A PPP cannot be used for unlawful purposes. In using Treater Applications or Services you are specifically agreeing to the following:
- You are at least 18 years of age;
- You are authorized to create a legal binding obligation;
- You agree that any information or disclosures related to your use of the Treater Service shall be transmitted electronically either through this website or via other electronic transmittals, that you have the capacity to receive such transmittals and that you consent to receipt of such transmittals;
- You agree to allow Treater to post notice of the giving, receiving and redeeming of Treats to the wall of your social media site such as your Facebook wall unless you request that this information not be made public;
- You agree to allow Treater to include messages, photos or videos created by you in transmitting your Treat in the Treater Activity Wall, unless you request that this information not be made public or not be include in the Activity Wall;
- You shall be solely responsible for any fees or charges assessed by your mobile device carrier for any text messages, data usage or other charges incurred in using Treater's Application and Services, including its mobile application;
- You will not violate any local, state, provincial, national or other law or regulation or any court order; and
Non-Smart Phone Users
Treater works by providing Recipients of Treats with an electronic payment mechanism (i.e., Portable Payment Process or PPP) whereby the Recipient can redeem a Treaty by displaying the PPP to a Merchant and receive the item purchased by the User through Treater for the Recipient. Recipients and/or Users without a Smart Phone, which is defined as a cellular telephone with built in applications and Internet access may have difficulty redeeming Treats on their non-Smart Phones and should contact Treater customer service at email@example.com for more information on how to redeem a Treat.
Registering as a User
As a User of Treater, you will be required to either register for the Treater Service or accept the Treater Applications either of which allows Treater to authenticate your identity through a social media site or platform and both of which shall hereinafter be considered "Registering" as a User. Treater requires that all Users have “established” social media accounts as identification, which means Treater reserves the right to terminate Users with social media accounts that are less than thirty (30) days old. In Registering, you agree to provide true, accurate and complete information and agree to update said information promptly should it change. In Registering, you may be requested to create a username and password or you may be requested to connect or link your Treater Services to your social media site or platform for authentication. In all instances, you shall be solely responsible for maintaining and safeguarding the confidentiality of any username and password created and used regardless of whether created through Treater or through your social media site or platform. You are solely responsible for any activity on your account whether or not you have authorized the activity, and Treater shall not be responsible for any misuse, or fraudulent use, of your account. Please contact us immediately if you believe or are aware of any breach in security, misuse or unauthorized use of your account.
Payment Methods and Security
During registration or when purchasing a Treat, Users will be provided with the option to save or store a credit card account number to use with future purchases. This is an option provided by Treater to ease Users' use of Treater's Services, but is not required. If a User opts to save or store a credit card that card will be stored in an industry standard Payment Card Industry ("PCI") compliant database provided by a third party under contract with Treater for such services. Treater has no access to that database or to a User's sensitive data. Users can remove any stored credit card account number at any time.
Mobile Phone Application
In downloading Treater's Mobile App onto your mobile device, you hereby agree to be solely responsible for securing said device and the content contained therein. Treater shall not be responsible for any damages or injuries arising from unauthorized access to your Treater services as a result of lost or stolen mobile device(s) including, but not limited to, Treats purchased or redeemed from said device.
Notice of a Treat and Notice from Treater
Social Media Posting
Users will have the option to provide a Recipient with notice of a Treat via email. If User supplies Treater with Recipient's email, the Recipient will receive notice of the Treat via email.
Users will have the option to provide a Recipient with notice of a Treat via text messaging which is an electronic communication sent and received by a mobile device. STANDARD TEXT MESSAGING RATES WILL APPLY to any text sent or received as set forth in the Users' or Recipients' agreement with their Mobile Carrier. While Treater provides the ability or option to deliver notice of a Treat via text, other ways of delivering notice exist and Treater is not, and shall not, be responsible for any fees or charges incurred by a User or Recipient as a result of providing notice via text.
Where text messaging is authorized by a User or Recipient, Treater hereby reserves the right to provide the User or Recipient with notice regarding its Treats or use of Treater Services via text. Such notices may include, but are not limited to, reminders of unused Treats, status updates (i.e., credit card expiration, authorization, confirmation notices), problems with redemption of a PPP, etc. Users and Recipients can opt-out of receiving text messages. Users and Recipients that do not opt-out of receiving text messages shall be solely responsible for any charges by their Mobile Carrier as STANDARD TEXT MESSAGE RATES WILL APPLY to these transmittals and to any text messages whether sent by a User, Recipient or Treater.
Treater maintains an "Activity Wall" which is a randomly selected collection of messages, photos or videos (collectively referred to as "Messages") created by individuals when sending, receiving or redeeming a Treat that provides a live stream of "Treating" for anyone visiting or using Treater's Applications and Services to view. By default, any Message created and sent may be posted to the Treater Activity Wall, which is publicly visible to anyone viewing or using Treater's Applications and Services. Treater shall randomly select Messages created by Users and Recipients to be included in the Activity Wall, but a User or Recipient can elect to not have their Messages included by changing the default settings for their account or individually selecting not to include a Message in the Activity Wall. Failure to change the default settings or select not to include a Message shall be considered consent for Treater to access and post any Message sent in the Activity Wall.
Cost of a Treat
The listed cost of a Treat on Treater's website is based on the actual cost to purchase said item taking into consideration variations in price across market areas including tax, where applicable. Treater provides an electronic platform that assists Users in the purchasing of Treats across the United States. Because Treater cannot control the location where a Recipient will be redeeming their Treat, the price of a given Treat may be slightly higher than the price of the item where the User lives. This higher price is intended to ensure that the Recipient will be able to redeem the PPP for the Treat selected by the User at the identified Merchant regardless of the city, state or Merchant location where it is redeemed.
Treater will use commercially reasonable efforts to ensure that the value placed on the Treat received by a Recipient will cover the cost of the intended Treat. Any Treat value, however, is not guaranteed and Treater shall not be liable or responsible for the additional cost of a Treat if the cost of that Treat exceeds the amount paid for by the User and set forth in the PPP for the Treat. Treater also shall not be liable or responsible at any time for the additional cost of a Treat should the Recipient attempt to redeem the PPP for a Treat or item that is different than or more expensive than, the item identified and purchased by the User for the Recipient.
The categories and items listed by Treater in its Applications as potential Treats at a particular Merchant are examples of Treats that User may select for a Recipient and Treater provides no guarantee that any such Treat will be available at the Merchant identified at the time the Recipient seeks to redeem its PPP. The listing of a Treat or Merchant in Treater's Application does not imply or suggest a relationship between Treater and the Merchant. If a Treat selected is not available, the Recipient can redeem its PPP at the Merchant identified for an item or merchandise up to the amount of the Treat selected by the User. Purchase of any item or merchandise with a PPP will be subject to the laws and requirements of the state in which the PPP is redeemed and subject to other restrictions and limitations. Recipients may be required to validate ownership of the PPP or proof of age prior to redeeming the PPP for an item or merchandise.
Contests and Promotions
Payment and Transmissions
In sending a Treat you will be asked to provide sensitive information to process the credit card transaction. The maximum amount that can be charged to a credit card in your name under your account is restricted to $500.00 a day. The maximum total value of Treats that a Recipient can receive in a day or redeem in a day is restricted to $500.00. If you are trying to send a Recipient a Treat and either your daily maximum or the Recipient's daily maximum value for a Treats has been reached, the transaction will be declined or not processed. If a Treat Recipient attempts to redeem a Treat after reaching its maximum daily amount for redemption, the transaction will not be processed but the Treat shall remain in place and be available for future use on a day where the Recipient has not reached their maximum redemption value. For credit card payments, there is a minimum charge of $1.00.
- Violating any applicable law, ordinance or regulation;
- Submittal of knowingly fraudulent information, committing fraud or falsifying information in connection with establishing a Treater account;
- Posting or transmitting content a User does not have the right to post or transmit;
- Posting or transmitting content that any User knows or reasonably should know infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
- Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, criminal, harmful or otherwise objectionable as determined in Treater's sole discretion;
- Attempting to intercept, collect or store data about any third party without his, her or its knowledge and consent;
- Deleting, tampering with or revising any material posted by any other person or entity without proper authorization;
- Accessing, tampering with or using any user's profile or account;
- Attempting to use Treater with a user’s social media profile or account that is less than thirty (30) days old;
- Attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures of any third parties;
- Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes," "spam," "chain mail", or "junk mail;"
- "Stalking" or harassing any other User of our Services and Application or collect or store any information about any other User other than for purposes of transacting as a Treater User;
- Using the site to send altered, deceptive or false source identifying information;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising the Application and Services offered by Treater or any related website or network available or accessible at the Licensed Premises;
- Interfering or attempting to interfere with the access of any user, including without limitation, submitting a "virus" to site, or any attempt at overloading, "flooding," "spamming," "crashing," or "mailbombing" the site; and
- Impersonating or misrepresenting oneself or any other User or affiliation.
User Generated Content
Treater provides Users and Recipients with the ability to create personal messages to Users and Recipients, create custom treats, share information regarding Treats and participate in a public forums such as bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities offered through or by Treater on its or associated site or websites (collectively referred to as "Community"). Any statements, comments, discussions, notes, postings or chats of any kind generate by you, Users, Recipients or third-party (herein defined as "Content") posted on, or included within, the Community or on the Activity Wall is solely that of author(s) or distributor(s) and not Treater. Any such Content included within a personal message between Users and Recipients, even if selected and posted on the Activity Wall, is also solely that of the author(s) or distributor(s) and not Treater.
Treater shall not be held responsible or liable for any Content posted by you, a User, Recipient or third-party on the Community, within a personal message or selected to be included in the Activity Wall. Treater does not guarantee the accuracy, integrity or quality of any such Content.
By posting Content on the Community or in any public forum within Treater's site or affiliated or associated sites, or not selecting to make a Message private and not accessible for selection in the Activity Wall, the author(s) or distributor(s) of that Message is granting Treater a non-exclusive right or license to reproduce, display, publish, distribute, etc. that Message which may include photo or video images of that Content in any form of media for the purpose of advertising, market research, promotions or any other lawful purpose.
Treat Card Expiration
PPP’s are closed-loop payment products redeemable solely at a designated Merchant and may include gift cards, virtual credit card or other types of payment products. PPP’s that are Merchant gift cards shall be subject to the terms and conditions and expiration provisions set forth by the Merchant, which shall be provided to the user and recipient at the time of purchase and receipt. PPPs may include a "Valid Thru" date, which is the day within which the PPP must be redeemed at the Merchant. If the PPP is not redeemed for the Treat at the Merchant within that time, the PPP shall become inactive and a new PPP will need to be generated for the Recipient to use to redeem the Treat. In general, any new PPP is automatically generated. While the PPP may have a "Valid Thru" date, this in no way impacts the underlying Treat which remains available to the Recipient in his or her My Treats webpage until redeemed. The "Valid Thru" date shall usually be three (3) months from the date the Recipient downloads the PPP onto his or her phone or mobile device. The "Valid Thru" date is required to process transactions at Merchants that request an expiration date. Again, even if the "Valid Thru" date associated with a Treat's Portable Payment Process or PPP has passed, the underlying Treat remains and a new PPP will be generated at the time the Recipient requests to redeem their Treat at the Merchant identified.
If you have questions regarding the expiration of your PPP please contact customer service at firstname.lastname@example.org
There are no fees for redeeming a Treat. A Transaction Fee will be charged as part of the cost of purchasing a Treat and the amount of the Transaction Fee depends on the Treat purchased. Notice of the Transaction Fee is provided at the time of purchase. PPP’s that are Merchant gift cards will be subject to the terms and conditions and fee provisions set forth by the Merchant and provided to the User and Recipient at the time of purchase and receipt. Where required by law, unused funds associated with a PPP after the Treat has been obtained are subject to cash back requirements.
Copyright and Trademarks
Treater owns all the information contained on its website, in its electronic transmittals or included as part of any application, including but not limited to, any mobile or table application (collectively referred to herein as "Site") and any copying, distributing, linking, transmitting, posting or modifying the Site without the express written consent of Treater is prohibited. This information includes, but is not limited to, text, software, photos, video, graphics, music, sound, illustrations, URLs, technology, documents, scripts, content, materials and interactive features. Violation of this requirement may result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
If you are a copyright owner and believe that any material posted constitutes copyright infringement, please notify us of your infringement by providing us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
The information above should be provided to Treater's Digital Millennium Copyright Act (DMCA) Designated Agent for notice of claims of copyright infringement. Our Designated Agent is:
Attn: Privacy Officer
1515 N Courthouse Road, Suite 1000
Arlington, VA 22201
Treater takes all claims of copyright infringement seriously and will investigate any such notices and take appropriate actions under the DMCA. Warranty
Treater does not warrant or guarantee that the Merchant identified for a Treat will honor the Portable Payment Process or PPP and redeem it as presented on a phone or mobile device. Please report any problems you may have redeeming a PPP with a particular Merchant by contacting customer service at email@example.com and reporting any incidents. A Merchant's refusal to accept a PPP does not impact the availability of the underlying Treat for future redemption. Treater also does not warrant or guarantee that if the cost of a Treat exceeds the value on the PPP that the Merchant will allow the Recipient to perform a split or dual-tendered transaction and pay for the addition cost through other means.
Treater is not liable to you for any interruption in use of Treater services, for the quality, safety, legality or any other aspect of any goods or services identified for purchase as part of an Treater transaction, for the refusal of any Merchant to redeem a PPP or for any problems you or the Recipient of the Treat may have with a given Merchant.
YOUR USE OF TREATER AND THE TREATER SITE, AS THAT TERM IS DEFINED ABOVE, IS AT YOUR OWN RISK AND IN USING THE TREATER SITE AND PORTABLE PAYMENT PROCESS OR PPP PLATFORM YOU ARE HEREBY ASSENTING TO THAT RISK. TREATER PROVIDES NO WARRANTY THAT THE USE OF SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND PROVIDES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS PROVIDED BY TREATER, ITS SUBSIDIARIES AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. ANY AND ALL INFORMATION, SERVICES OR GOODS MADE ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ON AN "AS IS" AND "AS AVAILABLE" BASIS BASED ON TREATER'S GOOD FAITH AND BEST EFFORTS TO CORRECTLY DESCRIBE AND ESTIMATE THE COST OF SAID GOODS OR SERVICES. ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ITS CONTENT, OR TO THE PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE DISCLAIMED.
Limitation of Liability
IN NO EVENT, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHALL TREATER'S CUMULATIVE LIABILITY IN CONNECTION WITH THE USE OF TREATER OR REDEMPTION OF A TREAT EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY USER FOR TREAT OR TWO HUNDRED AND FIFTY DOLLARS, WHICHEVER IS LESS. In jurisdictions where limitations on liability are not permitted, some of the foregoing limitations may not apply, but where applicable they shall apply to the fullest extent permitted by law.
In using Treater Services and Applications, you agree to be solely responsible for your interactions with other users of Treater, Recipients of Treats and any Merchants with which you seek to redeem any Treats purchased. To the extent permitted under applicable laws, you hereby agree to release Treater from any and all claims or liability related to any product or services (i.e., Treat) purchased and redeemed by a merchant, any action or inaction by a Merchant, including a Merchant's failure to comply with applicable laws and/or failure to provide goods or services in exchange for a PPP as well as any conduct or speech, whether online or offline, of any other User.
The following sets forth the circumstances and procedures under which any Claims, as defined below, between you and Treater shall be resolved. Should a dispute arise, User and Treater agree to first contact each other at the address provided below for Treater, and at the email provided by User during the registration process and provide a written description of the problem, all relevant documents and information and a proposed resolution before submitting the dispute to binding arbitration. If after thirty days, User and Treater cannot resolve the dispute, it shall be adjudicated as set forth below.
Any Claim shall be resolved by arbitration pursuant to the code of procedures of the national arbitration organization to which the Claim is referred. Any Claim shall be referred to either JAMS ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party initiating arbitration. This Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding. The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code.
Choice of Law
Section headings used herein are for convenience only and shall have no legal force or effect.
Treater is a peer-to-peer electronic platform that assists users in the giving of real merchandise or "Treats" to a Recipient through the issuance of closed-loop PPP's that can be redeemed at Merchants or companies identified within the Treater platform. Treater's listing of a company's name or items sold by that company is not intended to be an endorsement by that company of Treater.
If you believe that Treater's use of any company names or images contains copyrighted information, conflicts with authorized use, and/or does not comply with fair use practices please contact us immediately at firstname.lastname@example.org and we will remove the images in question.