Stackit Terms of Use

Last Updated October 21, 2022 

In these Stackit Terms of Use (“Terms of Use”), the words "we," "us," "our," and "LendingClub" mean LendingClub Bank, National Association. The words "you," "your," and "User" mean each and every person who accesses, uses, or interacts with any part of the Stackit service (“Stackit”) offered by LendingClub, or any related service. Please review these Terms of Use before accessing or using Stackit. If you do not agree to these Terms of Use, without limitation or exclusion, you should not access or use Stackit.  

These Terms of Use apply to each and every person who accesses, uses, or interacts with any part of Stackit or any related service. By accessing, using, or interacting with any part of Stackit or any related service, you signify that you have read, understand, and agree to be bound by these Terms of Use, regardless of whether you have registered with LendingClub as a member.  

Changes to these Terms of Use 

We may make changes to these Terms of Use from time to time. If we do this, we will update the Terms of Use and indicate the date the Terms of Use were updated. You understand and agree that your continued access, use, or interaction with any part of Stackit after we have made any such changes constitutes your acceptance of the new Terms of Use. 

Overview 

Stackit is a service offered by LendingClub that enables eligible users (“Stackit Users”) to earn Rewards for qualifying purchases from retailers, brands, merchants, or other participating third parties (“Merchants”), subject to the terms and conditions set forth herein. For purposes herein, “Rewards” means any incentive that you may earn through Stackit, including but not limited coupons, discounts, or other promotions offered by Merchants (collectively, “Offers”), or any cash back offered by us (“Cashback”).   

We may make available webpages, browser extensions (“Browser Extensions”), and mobile applications that allow Users to access Stackit (collectively, “Stackit Technology”). To use Stackit Technology you must have a compatible device. We do not warrant that Stackit Technology will be compatible with your device. We hereby grant you a non-exclusive, non-transferable, revocable license to use Stackit Technology for your personal use only. The foregoing license grant is not a sale of any Stackit Technology or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in all Stackit Technology (and any copy thereof). You acknowledge that we may from time-to-time issue upgraded versions of Stackit Technology and may automatically electronically upgrade the version of Stackit Technology that you are using on your device. You consent to such automatic upgrading on your device and agree that these Terms of Use will apply to all such upgrades. All Stackit Technology originates in the United States and is subject to United States export laws and regulations. Stackit Technology may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, Stackit Technology may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of Stackit and Stackit Technology.  

Your access to and use of Stackit and Stackit Technology may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or other unavailability, for any reason and in our sole discretion, including without limitation: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to Stackit or Stackit Technology, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any aspect of Stackit is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any downtime, suspension or other unavailability of Stackit or Stackit Technology. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings. 

We may terminate your access to all or any part of Stackit or Stackit Technology at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of Stackit and cancellation of any Rewards which remain unpaid. 

Browser Extension 

You may be required to install a Browser Extension and log in with your LendingClub credentials to access Stackit. Your use of any Browser Extension is subject to these Terms of Use, the LendingClub Terms of Use, and the LendingClub Privacy Policy. By clicking the “Add to” or “Install” button (or a similar button, as applicable), or by installing, activating, enabling, using, or otherwise accessing any Browser Extension, you acknowledge and accept the disclosures herein and agree to be bound by these Terms of Use, the LendingClub Terms of Use, and the LendingClub Privacy Policy. If you do not wish to be bound by these Terms of Use, the LendingClub Terms of Use, and the LendingClub Privacy Policy, do not click the “Add” or “Install” button, and do not install, activate, enable, access, click, or otherwise use any Browser Extension. 

A Browser Extension enables us to display relevant Offers, Cashback, or other Rewards in your browser when you visit certain websites. When you are interacting with a Browser Extension, we will collect information about the Merchants, Offers, Cashback, or other Rewards that you select. A Browser Extension may also have functionality that does not depend upon your interaction with it. By installing a Browser Extension, you enable the Browser Extension to automatically collect information on the pages you visit using your browser so we can display relevant Offers, Cashback, or other Rewards. A Browser Extension may also collect information on the results pages of any searches you make so it can display Offers, Cashback, or other Rewards where relevant. 

Information collected by a Browser Extension for these purposes may include date and time of use, browser type, browser version, URLs of web pages visited, general information about the visited web page, product searches, product search results, information about products added to cart, and other product information.  A Browser Extension may also collect and use data, such as the order contents and order total, from order confirmation pages, so that we may confirm your Rewards faster and more reliably. We do not intentionally collect or use for this purpose other types of information that may be included on a Merchant’s order confirmation page, such as your address or partial payment information, although this information may be incidentally captured to the limited extent it is displayed by the Merchant. Any data collected by any Browser Extension will be used, stored, and disclosed in accordance with the LendingClub Privacy Policy.  You may terminate all data collection by any Browser Extension by uninstalling the Browser Extension. 

We may update a Browser Extension when a new version is released or when new features are added. These updates occur automatically. We reserve the right to add features or functions to a Browser Extension but have no obligation to make available to you any subsequent versions or new features that may be included in some versions of the Browser Extension. 

Stackit Users 

LendingClub members who have obtained a Personal Loan from LendingClub or through LendingClub platform are eligible to access Stackit and earn Rewards. 

Rewards 

Rewards may include Offers, Cashback, or other referral bonuses activated by the creation of trackable links (each, a “Link”) for one or more Merchants. A Link may be embedded within a browser or other form of digital communication and may redirect you, or direct recipients with whom you share the Link, to one or more Merchants. In general, Links are configured to track and attribute transactions to you so that you may earn Rewards if you or someone to whom you send a Link completes a transaction with a Merchant.  

Some transactions may not earn Rewards or may earn Rewards at a rate which is different from the rate indicated by Stackit.  You are not guaranteed to earn Rewards from a transaction even if you (i) create a Link, (ii) share a Link, (iii) take an action to activate Cashback, (iv) receive a notification from Stackit, (v) receive an indication from Stackit that a transaction is eligible to earn Rewards, (vi) cause a transaction to be completed (whether directly or as a result of sharing a Link with someone who completes a transaction), or (vii) receive from Stackit a confirmation regarding a successful transaction. We may be required to nullify Rewards due to limitations established by certain Merchants that prohibit payments to Stackit Users who reside in certain geographies due to tax nexus or other considerations. 

Even if the Stackit indicates that a transaction is eligible for or has generated Rewards, the transaction may fail to earn Rewards for several reasons, without notice to you, including without limitation: (i) Merchants may alter terms, conditions, or commission rates; (ii) Merchants may discontinue their programs; (iii) Merchants may exclude certain products or services from Rewards eligibility; (iv) Stackit may be suspended or terminated; (v) technical failures. 

Technical failures related to Merchants or Stackit may result in transactions failing to be tracked or attributed to you. Links may fail to function properly, and Link tracking may cease to function during transmission when you share a Link with others. Links may be altered or disabled by web browsers or ad blockers. Merchants may reject transactions due to suspected policy violations. The communication channel or browser through which a Link is activated or shared may modify or block the Link, alter the tracking code, or strip out the tracking code. 

Some Rewards originate from compensation we receive from Merchants. Merchants may have holdback periods during which they hold a pending payment for a specified period, for example, until the expiration of a return policy and/or until a service is consumed. If we are not paid for a transaction by a Merchant, we will not provide any associated Rewards to you. We will only provide such Rewards to you after the transaction is successfully tracked and completed and after we receive payment for that specific transaction from the Merchant. If, for any reason or no reason, the Merchant pays less than expected amount or does not compensate us for the transaction, we reserve the right, in our sole discretion, to adjust or cancel the associated Rewards.  

Any Reward amount which may be due to you is determined by us in our sole discretion. We reserve the right, in our sole discretion, to withhold, cancel or adjust the amounts or rates of any Rewards or Rewards payment, at any frequency for any reason at any time without notice to you, and we may apply such adjustments for all pending and unpaid Rewards. By using Stackit, you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you may receive Rewards. We reserve the right at any time to cancel, modify, or restrict any aspect of Stackit and apply such changes retroactively to any Rewards which are accrued but not yet paid. 

Intended Use 

You may be rewarded for transactions completed by you or by others who click on a Link you have shared with them. You agree not to engage in or facilitate the promotion of Links through any channels that we do not permit (“Unapproved Channels”), including but not limited to those listed below. If you have questions or concerns about whether a specific promotional method is acceptable, please contact us in writing for written authorization before you begin using such a promotional channel. Failure to adhere to these restrictions may result in termination of your use of Stackit and the voiding of any unpaid Rewards.  You agree not to allow any unauthorized third-party access to Stackit or to any information, data, text, links, images, software, chat, communications, and other content made available to you in connection with your use of Stackit. You agree to maintain the confidentiality of any usernames and passwords by which you access Stackit. 
 
Unapproved Channels include without limitation: (i) any communications to people who did not provide consent or opt-in, or to recipient lists that were purchased or obtained illegally; (ii) any search advertising, browser plug-ins, toolbars, pop-up or pop-under advertising, display advertising, or any paid promotional channel; and (iii) any attempted or successful fraud, or the failure to abide by these Terms of Use. You shall not cause any transactions to be made or Rewards to be activated that are not in good faith, including but not limited to through the use of any device, program, bot, i-frame, or hidden frame. 

You agree not to edit, remove or modify any element contained in a Link. Changing the Link may invalidate it or cause it to be inoperable. Certain communication platforms may block, alter or otherwise disable a Link, in which case the tracking and attribution may be inoperable, in which case no Reward shall be earned. Some Merchants may place cookies (or other forms of tracking beacons) on your device to recognize your device during a subsequent visit. This may enable the sender of the Link to earn a Reward for transactions which occur after the initial click on a Link. If you, or those clicking on your shared Link, block or delete cookies, tracking and attribution may be inoperable, in which case no Reward will be earned.  

You are responsible for all usage and activity associated with your device and any account you may establish with us. If you attempt to earn Rewards by recommending a product or Merchant using a Link, the FTC Endorsement Guides may require you to reference that fact within your message when you send a Link. Learn more at www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking. 

By using Stackit, you opt in and grant us the right to send you emails, text messages, app notifications and other forms of communications relating to your account, customer service inquiries, Rewards, payment information, promotional opportunities, and third party notices. 

Earning Cashback 

We offer the ability for Stackit Users to earn Cashback on their purchases completed through Stackit. When we receive compensation for referring Stackit Users to Merchants, we may provide a portion of this fee to Stackit Users as Cashback. Compensation received by LendingClub may affect whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in Stackit and the opportunity to earn Cashback are offered at our sole discretion and is subject to your compliance with these Terms of Use.  

In order to earn Cashback online, you must use the shopping links provided through Stackit. If you visit other sites before completing your purchase or use coupons not provided through Stackit, your purchase might be associated with a service other than Stackit and you might not earn Cashback on your purchase. If you disable “cookies” on your computer, you may not be able to earn Cashback because cookies are used to authenticate Stackit Users and verify eligibility for Cashback. 

Cashback Payments 

When you activate Cashback and complete a purchase of an eligible product or service from a participating Merchant (or if you share a Link with someone who completes an eligible transaction using the Link), this may generate pending Cashback, which is conditional until confirmed by us. Any information sent or displayed to you regarding Cashback shall not create a contractual obligation.  

We may alter or cancel pending Cashback for any reason, including without limitation: (i) charge-backs, (ii) product returns, (iii) duplicate entries or other accounting errors, (iv) the Merchant’s non-payment, (v) the Merchant’s non-receipt of payment; (vi) the Merchant’s refund of payment to the purchaser; (vii) the Merchant’s withdrawal from Stackit participation; (viii) alteration or cancellation of the Merchant’s program; (ix) non-bona fide transactions, (x) our inability to contact you in order to validate transactions, (xi) your distribution of Links via Unapproved Channels, or (xii) your failure to comply with these Terms of Use or any Merchant policies or terms.  

Cashback is redeemable in store e-gift cards or general-use e-gift cards via Tango Card Inc.(“Tango”). For the avoidance of doubt, Rewards offered through Stackit are not a gift certificates, store gift cards, or general-use prepaid cards issued by LendingClub. When you redeem your Cashback, you will be asked to acknowledge and agree to Tango’s terms of service and privacy notice. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment. 

Stackit Users may redeem their Cashback at any time after their outstanding Cashback balance equals to or exceeds $5.00. If Stackit Users select to redeem eligible Cashback balance, the entire balance (“Redemption Balance”) will be available for redemption via Tango at that time. Redemption of partial Cashback balances is not permitted. Cashback balances below $5.01 will remain within Stackit for potential redemption in the future. Stackit Users may redeem the Redemption Balance in one or more e-gift cards until the Redemption Balance is $0. Cashback accrual rates vary depending on Merchant policies and reporting schedules. For example, Cashback for travel-related purchases typically does not accrue until after travel has been completed. We reserve the right to delay Rewards for any purchase based on changes to Merchant policies at any time. We are not responsible for e-gift cards delivered to the wrong person or address, or for e-gift card errors made by Tango.  

Cashback Adjustments 

In our sole discretion, we may deduct amounts from your Cashback balance to make adjustments for returns and cancellations with respect to Cashback-eligible purchases. Whether a given purchase qualifies for Cashback is determined in our sole discretion. If a Merchant fails to report a transaction to us or fails to make payment to us for any reason in connection with a transaction, we reserve the right to cancel the Cashback associated with that transaction. It is your responsibility to monitor your Cashback status to ensure that Cashback has been properly credited and paid, and that your Cashback balance is accurate. If you believe that a Cashback amount has not been correctly credited to you, you must contact us within ninety (90) days of the transaction.   

We may make account adjustments for any Cashback that we, in our sole discretion, deem fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these Terms of Use or any applicable law or regulation. Our decisions are final. Should you disagree with any Cashback adjustments that we make, your sole remedy is to stop participating in Stackit. 

Merchants 

We reserve the right, without notice to you, to add or remove Merchants, change commission rates from Merchants, and determine to which Merchant we direct a Link. You agree that we have the right, but not the obligation, to seek on your behalf any and all Rewards or potential Rewards from Merchants. You agree that we have no special relationship with or fiduciary duty to you and you acknowledge that we have no duty to take any action regarding any Rewards or potential Rewards from any Merchants. We do not guarantee that merchants will honor Offers. Offer codes may be expired or invalid. Offers may not be eligible for your transaction, based upon exclusions, terms and conditions determined by Merchants.  

A product or service purchased from any Merchant or other third party is governed by and subject to the policies, including applicable exchange and shipping policies, of such Merchant or other third party. You agree that we are not agents of any Merchant or other third party. Accordingly, your participation in any offer or transaction with any Merchant or other third party, and your correspondence with any Merchant or other third party, is solely between you and that Merchant or other third party. We do not assume any liability, obligation, or responsibility for any part of such offer, transaction, or correspondence, including, without limitation, the withdrawal or modification of any such offer or transaction. We are not responsible for any changes to or discontinuance of any Merchant or other third party, for the withdrawal of any Merchant or other third party from Stackit, or for any effect on the accrual of Cashback caused by such changes, discontinuance, or withdrawal.  

We do not endorse, warrant or guarantee the products, services or content of Merchants or other third parties, and we are not responsible for their activities, policies, products or services. When you use Stackit to access Merchants or other third parties, you do so at your own risk. Merchants and other third parties are not under our control, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any aspect of content, functions, accuracy, transactions, legality, privacy policies, practices, terms of use, prices, offers, rates, opinions expressed, appropriateness or any other aspect of such third parties. We do not guarantee that the product details, prices, coupon availability or other service terms, rates or Rewards offered by any particular Merchant or other third party through Stackit are actually the terms that may be offered or provided to you. We encourage you to be aware when you visit a third party’s website and read the applicable terms, conditions, and privacy policy of each website. 

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or relating to your use of or reliance on any such transaction, purchase, content, goods or services available from or through any such Merchant or third party. By using Stackit, you release and hold us harmless from any and all liability arising from your use of any Merchant or third-party website or service. If there is a dispute between you and any Merchant or third party, you agree that we are under no obligation to represent your interests in any way.  

To the maximum extent permitted by applicable laws and regulations, you release LendingClub, its 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 your use of Stackit. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.” 

Taxes 

You are responsible for independently assesses and complying with all relevant tax and legal requirements. We do not and will not provide you with tax or legal advice. In the event that, during any single calendar year, a Reward payment would result in payment to you of $600 or more, we may require you to provide us with a completed IRS form W-9 and we may thereafter issue a Form 1099 for that calendar year. We may utilize a third-party service provider to perform this function. If we require a completed form W-9 from you and you fail to provide one, we reserve the right to void any Rewards.