Terms of Use

AGREEMENT TO TERMS

 

The technologies—including any kiosk, website submission form and/or tablet (collectively, the “Equipment”)—we make available to you to provide you with the opportunity to sign up for marketing emails and/or text messages and engage in certain other programs we make available to our customers, including certain loyalty programs (collectively, the Equipment, along with such marketing emails, text messages and other programs, are referred to in these Terms of Use as the “Program”) are made available to you through a relationship between Loyalty Plus (“we,” “us” and “our”) and Loyalty Plus. (“Loyalty Plus”). These Terms of Use constitutes a legally binding agreement made between you and us concerning your access to, use of and participation in the Program. You agree that by accessing, using or otherwise participating in any or all aspects of the Program, you have read, understand and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING, USING OR OTHERWISE PARTICIPATING IN ANY PORTION OF THE PROGRAM.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE SECTION ENTITLED “DISPUTE RESOLUTION” BEFORE YOU AGREE TO THESE TERMS.

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You acknowledge that Loyalty Plus is not a party to these Terms of Use. Loyalty Plus is, however, a third-party beneficiary of these Terms of Use. You acknowledge and agree that Loyalty Plus may—to the same extent as Loyalty Plus—enforce any of the provisions of these Terms of Use against you, including, but not limited to, the arbitration agreement, class action waiver, and limitations on liability herein.

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Supplemental terms and conditions or documents that apply to the use of our websites and other programs that we operate (collectively, “Supplemental Terms”) will be posted on our websites or otherwise made available to you. In the event of a conflict between these Terms of Use and any Supplemental Terms, these Terms of Use shall control with respect to your access to, use of and participation in any or all aspects of the Program.

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We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We may alert you about any changes by updating the "Last updated" date of these Terms of Use, and we may email you notice of any material changes to these Terms of Use. Unless you expressly agree to the updated terms of use, you will be subject to and remain bound by the version of the Terms of Use in place on the last date you accessed, used or participated in any aspect of the Program and expressly agreed to these Terms of Use.

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Persons under the age of 21 are not permitted to access, use or otherwise participate in any aspect of the Program.

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DISPUTE RESOLUTION

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

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YOU AGREE THAT, BY ACCESSING, USING OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE PROGRAM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM, YOUR RECEIPT OF EMAILS OR TEXT MESSAGES, YOUR USE OF THE EQUIPMENT, OR YOUR DEALINGS WITH US IN RELATION TO THE PROGRAM WILL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND POSSIBLY HAVE A JURY TRIAL. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF THE AAA, AS DESCRIBED ABOVE, OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

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FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN OUR COUNTY AND STATE. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

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THE FEDERAL RULES OF EVIDENCE AND FEDERAL RULES OF CIVIL PROCEDURE SHALL APPLY TO ANY SUCH ARBITRATION PROCEEDING INITIATED PURSUANT TO THIS SECTION, INCLUDING THE ABILITY TO CONDUCT THIRD PARTY DISCOVERY OUTSIDE OF OUR STATE AND TO PRESERVE SUCH THIRD PARTY DISCOVERY VIA DEPOSITION. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM PURSUANT TO THE FEDERAL RULES OF CIVIL PROCEDURE (EVEN TO WITNESSES OUTSIDE OF OUR STATE) AS IF THE ARBITRATOR WERE A JUDGE OF THE UNITED STATES DISTRICT COURT LOCATED IN OR FOR OUR COUNTY AND STATE. DEPOSITION TRANSCRIPTS MAY BE USED IN THE ARBITRATION IN OUR COUNTY AND STATE IN ACCORD WITH THE FEDERAL RULES OF EVIDENCE. THE LIMITATIONS OF THE FEDERAL ARBITRATION ACT SHALL NOT PREVENT DISCOVERY TO PROCEED IN ACCORDANCE WITH THE FEDERAL RULES OF EVIDENCE AND FEDERAL RULES OF CIVIL PROCEDURE. ALL DISPUTES OVER SUBPOENAS ISSUED BY THE ARBITRATOR SHALL BE RESOLVED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 45.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE OR COLLECTIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

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ANY DISPUTE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF THE DISPUTE ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH DISPUTE IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

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YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND THAT YOU WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.

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IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN OR FOR OUR COUNTY, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS OF USE.

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THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL SURVIVE TERMINATION OF YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM AND YOUR RELATIONSHIP WITH US. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

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AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER—INCLUDING LOYALTY PLUS —MAY ENFORCE IT IN FULL WITH RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS OF USE, YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM, YOUR RECEIPT OF EMAILS OR TEXT MESSAGES, YOUR USE OF THE EQUIPMENT, OR YOUR DEALINGS WITH US OR THEM IN RELATION TO THE PROGRAM. INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, SERVICERS, AND SERVICE PROVIDERS, INCLUDING LOYALTY PLUS. A SERVICE PROVIDER IS ANY THIRD PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OF USE, YOUR ACCESS TO, USE OR OTHER PARTICIPATION IN THE PROGRAM, OR YOUR RECEIPT OF EMAILS OR TEXT MESSAGES. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH.

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THIS ARBITRATION PROVISION MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION.

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IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST ACCESS, USE OR OTHERWISE PARTICIPATE IN ANY ASPECT OF THE PROGRAM, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

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Loyalty Plus

6888 S Clinton Street

Suite 202

Greenwood Village, 80112

United States

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In the event you opt-out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in or for Arapahoe County in Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You also still waive your right to initiate or proceed in a class or collective action against us or Loyalty Plus.

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INTELLECTUAL PROPERTY RIGHTS

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Unless otherwise indicated, the Program is our, or our service providers’, proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics associated with the Program (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Program and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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Provided that you are eligible to access, use and otherwise participate in the Program, you are granted a limited license to access and use the technology used to make the Program available to you solely in connection with your participation in the Program, including, but not limited to, as necessary to provide us with your contact information and sign up to receive marketing emails and/or text messages from us. We reserve all rights not expressly granted to you in and to the Program, the Content and the Marks.

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USER REPRESENTATIONS

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By accessing, using or otherwise participating in the Program, you represent and warrant that: (1) all information you submit to us in connection with the Program will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are at least 21 years of age or older; (5) you will not access the Equipment through automated or non­human means, whether through a bot, script, or otherwise; (6) you will not use the Equipment for any illegal or unauthorized purpose; and (7) your use of the Equipment will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete then, without limiting any other remedy available to us under applicable law, we have the right to refuse any and all current or future access to, use of and other participation in the Program (or any portion thereof).

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PROHIBITED ACTIVITIES

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You may not access, use, or otherwise participate in the Program for any purpose other than that for which we make available. The Program may not be used in connection with any commercial endeavors without our prior written consent.

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By accessing, using, or otherwise participating in the Program, you agree NOT to:

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1. Systematically retrieve data or other content from the Program to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Use the Program (or any portion thereof) to advertise or offer to sell goods and services.

3. Make any unauthorized use of the Program, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

4. Circumvent, disable, or otherwise interfere with security-related features of the Program, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Program and/or the Content contained therein.

5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Engage in any automated use of the Program, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

8. Interfere with, disrupt, or create an undue burden on the Program or the networks or services connected to the Program.

9. Attempt to impersonate another person or use the name or contact information of any other person.

10. Use any information obtained from the Program in order to harass, abuse, or harm another person.

11. Use the Program as part of any effort to compete with us or otherwise use the Program and/or the Content for any revenue-generating endeavor or commercial enterprise.

12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Program.

13. Attempt to bypass any measures of the Program designed to prevent or restrict access to the Program, or any portion of the Program.

14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Program to you.

15. Delete the copyright or other proprietary rights notice from any Content.

16. Copy or adapt the Program’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Program or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Program.

18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Program.

20. Use the Program in a manner inconsistent with any applicable laws or regulations.

21. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Program, or use or launch any unauthorized script or other software.

24. Access, use or otherwise participate in the Program if you are under the age of 21.

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SUBMISSIONS

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Program ("Submissions") provided by you to us are not confidential and shall become, as between you and us, our sole property. As between you and us, we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

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PROGRAM MANAGEMENT

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We reserve the right, but not the obligation, to:

(1) monitor the Program for violations of these Terms of Use;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and

(3) otherwise, manage the Program in a manner designed to protect our rights and property and to facilitate the proper functioning of the Program.

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PRIVACY POLICY

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We care about data privacy and security. Please review our Program Privacy Policy by clicking here. By accessing, using or otherwise participating in the Program, you agree to be bound by our Program Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the personal information collected in connection with your access to, use of and/or participation in the Program is stored in the United States. By accessing, using and/or participating in the Program, you are consenting to the collection, use, disclosure, transfer and sharing of your name, phone number and email address and the location of the Equipment you used by us, our subsidiaries and our affiliated companies, including, but not limited to, sharing such information with companies other than us, our subsidiaries and our affiliated companies, including with Loyalty Plus. If you do not accept the terms of our Program Privacy Policy, please do not provide us with any information through the Program and discontinue all access to, use of and participation in the Program.

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Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from our records as quickly as is reasonably practical. No Mobile information will be shared with third parties/affiliates for marketing/promotional purposes.  All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties

 

TERM AND TERMINATION

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These Terms of Use shall remain in full force and effect while you access, use or otherwise participate in the Program. The provisions of these Terms of Use which by their nature should survive the termination of your access, use of or participation in the Program shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, and rules regarding dispute resolution and governing laws.

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WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO, USE AND/OR PARTICIPATION IN THE PROGRAM, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. If we terminate or suspend your ability to access, use or otherwise participate in the Program, you are prohibited from accessing, using or otherwise participating in the Program or providing any information in connection with the Program under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

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FURTHER, WE MAY TERMINATE YOUR ACCESS TO, USE OF AND/OR PARTICIPATION IN THE PROGRAM (OR ANY PORTION THEREOF) AND/OR DELETE ANY INFORMATION THAT YOU PROVIDED TO US IN CONNECTION WITH THE PROGRAM AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

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In addition to the foregoing, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress in connection with your non-compliance with these Terms of Use.

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MODIFICATIONS AND INTERRUPTIONS

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We reserve the right to change, modify, or remove the contents of the Program at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in connection with the Program. We also reserve the right to modify or discontinue all or part of the Program without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Program.

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We cannot guarantee the Program will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Program, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access, use or otherwise participate in the Program during any downtime or discontinuance of the Program. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Program or to apply any corrections, updates, or releases in connection therewith.

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GOVERNING LAW

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Other than the Arbitration Agreement above, which is governed by the Federal Arbitration Act, these Terms of Use and your access to, use of and other participation in the Program are governed by and construed in accordance with the laws of Colorado applicable to agreements made and to be entirely performed within Colorado, without regard to its conflict of law principles.

 

CORRECTIONS

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There may be information associated with the Program that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information associated with the Program at any time, without prior notice.

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DISCLAIMER

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THE PROGRAM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR ACCESS TO, USE OF AND PARTICIPATION IN THE PROGRAM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROGRAM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROGRAM’S CONTENT OR ANY WEBSITES LINKED TO OR OTHERWISE REFERENCED THROUGH OR IN CONNECTION WITH ANY ASPECT OF THE PROGRAM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, USE AND PARTICIPATION IN THE PROGRAM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROGRAM (OR ANY PORTION THEREOF), (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROGRAM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROGRAM.

 

LIMITATIONS OF LIABILITY

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OF USE, OUR ENTIRE LIABILITY AND THE ENTIRE LIABILITY OF LOYALTY PLUS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE ACCESS TO, USE OF AND OTHER PARTICIPATION IN THE PROGRAM—INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES—WILL BE THE AMOUNT OF $200.

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IN NO EVENT WILL WE OR LOYALTY PLUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM— INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY AND THE LIABILITY OF LOYALTY PLUS WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

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THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE OR LOYALTY PLUS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

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CALIFORNIA RESIDENTS—IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.”

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ACCESSING FROM NEW JERSEY—IF YOU ARE ACCESSING, USING OR OTHERWISE PARTICIPATING IN THE PROGRAM FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR ACCESS TO, USE OF AND/OR PARTICIPATION IN THE PROGRAM, OR INABILITY TO ACCESS, USE OR OTHERWISE PARTICIPATE IN THE PROGRAM; (B) IRREVOCABLY WAIVE ALL LOSSES OF INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR ACCESS TO, USE OF OR PARTICIPATION IN THE PROGRAM—INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR ACCESS TO, USE OF OR OTHER PARTICIPATION IN THE PROGRAM—INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF MARKETING EMAILS AND TEXT MESSAGES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US OR LOYALTY PLUS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF US AND OUR AFFILIATES AND OUR AND THEIR AGENTS AND EMPLOYEES AND/OR ON THE PART OF LOYALTY PLUS. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

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INDEMNIFICATION

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You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, as well as Loyalty Plus, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party arising from or relating to: (1) your access to, use or other participation in the Program—including, but not limited to, your receipt of marketing emails or text messages; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your negligence or misconduct; or (6) your violation of applicable laws. Notwithstanding the foregoing, we and Loyalty Plus reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or Loyalty Plus, respectively, and you agree to cooperate, at your expense, with the defense of such claims by us or Loyalty Plus, as applicable. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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MISCELLANEOUS

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These Terms of Use and any Supplemental Terms constitute the entire agreement and understanding between you and us with respect to your access to, use of or other participation in the Program. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may, in our sole discretion, assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or your access to, use or other participation in the Program. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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CONTACT US

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If you have questions or comments about these Terms of Use, you may email us at info@loyalty-plus.com or by post to:

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Loyalty Plus

6888 S Clinton Street

Suite 300

Greenwood Village, CO 80110

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SMS TERMS AND CONDITIONS

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Please read these terms and conditions carefully. By opting in to receive text messages, you provide your prior express written consent to receive informational and marketing text messages sent using an automatic telephone dialing system (“ATDS”) from Loyalty Plus—and others texting on our behalf (including Loyalty Plus)—to the telephone number(s) that you provide. You may opt-out of these communications at any time by replying STOP to any text message. Your consent to receive marketing text messages is not required to purchase any goods or services from us. By signing up for text messages, you also warrant and represent that you are either the account owner of any mobile number you provide to us, or you have the express permission of the account holder to provide such numbers.

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SMS Program Description

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Loyalty Plus's messages are intended to provide you with current information, offers, deals, and promotions from us (deal alerts, events, and product launches).

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Cost

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Message and data rates may apply to each text message sent or received from Loyalty Plus, as provided in your mobile telephone service rate plan (please contact your mobile carrier for pricing plans), in addition to any applicable roaming charges. Loyalty Plus does not impose a separate fee for sending Loyalty Plus text messages.

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Supported Carriers

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Currently, we support the following carriers:

• AT&T

• T-Mobile

• Verizon Wireless

• Sprint

• Nextel

• Boost

• Alltel

• US Cellular

• Cellular One

Disclaimer: This could change from time to time.

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Opt-In Instructions

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To opt-in to receive marketing text messages from Loyalty Plus, please submit the required information. 

 

Opt-Out Instructions

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To stop receiving text messages in connection with the Program, text/reply STOP to the phone number or shortcode for the text messaging program from which you no longer wish to receive messages (i.e., the phone number from which text messages are being sent). You agree to and will then receive a single final text message confirming your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that phone number or shortcode. You will remain opted into other text messaging programs.

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Privacy Policy

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Please click this link to access our Program Privacy Policy: https://www.loyalty-plus.com/privacy-policy

 

Access or Delivery to Mobile Network is Not Guaranteed

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Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

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Eligibility

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To receive Loyalty Plus text messages, you must be 21 years of age or older. Loyalty Plus reserves the right to require you to prove that you are at least 21 years of age.

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Termination of Text Messaging

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Loyalty Plus may suspend or terminate your receipt of Loyalty Plus text messages if Loyalty Plus believes you are in breach of these SMS Terms and Conditions. Your receipt of Loyalty Plus text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Loyalty Plus reserves the right to modify or discontinue, temporarily or permanently, all or any part of Loyalty Plus text messages, with or without notice.

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Support/Contact Us

 

Loyalty Plus offers the option for some of our customers to engage in conversations with message recipient.  Message frequency varies. Message and data rates may apply. Text HELP to (303) 951-8667 for help.  Reply STOP to cancel. Carriers are not liable for any delays or undelivered messages.