TERMS OF SERVICE
The terms of service set out below apply to your use of LoyaltiExpress website located at www.loyaltiexpress.com and LoyaltiExpress mobile application (the “Service”). The service facilitates membership, stamps, points and reward programs for, on behalf of, or involving participating third party businesses (“Merchants”). Your access and/or use of the Services constitutes your consent to these Terms of Service. If you disagree with any of the items that form the Terms of Service you must not use the Service. We may change the Terms of Service from time to time. The revised Terms of Service will take immediate effect from the time of posting, and your continued use of the Service constitutes your acceptance of any such changes. If the revised Terms of Service are unacceptable to you, you must cease using the Service.
You may be required to register with LoyaltiExpress in order to access or make use of features of the Service. Where you are required to register:
- You must provide us with accurate, complete and current registration information;
- You must safeguard any user name and password which we provide to you;
- You authorize us to assume that any person using the Service with your user name and/or password is either you or is authorized to act for you;
- Where your user name and/or password is specific to you, you must not allow anyone else to use your user name and/or password;
- You agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware;
- You may cancel your registration at any time by notifying us;
- We reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not use the Service for an extended period of time, if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise think fit.
Acceptable use of the Service and its features
Access and use of the Service is intended solely for your own personal and non-commercial use. Your use of the Service is at your own risk, and is also subject to the terms and conditions of the Merchants offering loyalty programs you are accessing via the Service.
In using the Service you must not:
- Violate any applicable laws;
- Impersonate any person;
Post any material or content that:
- Infringes the intellectual property rights of any third party;
- you do not have the right to post;
- Is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; or
- Contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email.
- Engage in any other conduct that inhibits any other person from using or enjoying the Service.
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service.
You may not use any device, software or routine intended to damage or interfere with the proper working of the Service, or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the Service.
The promos displayed within the Service are those of theirs respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LoyaltiExpress does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does LoyaltiExpress adopt nor endorse, nor is LoyaltiExpress responsible for, the accuracy or reliability of any opinion made by parties other than LoyaltiExpress. LoyaltiExpress takes no responsibility and assumes no liability for any content that you or any other user or third party posts or sends over the Service. Under no circumstances will LoyaltiExpress be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though LoyaltiExpress strives to enforce these Terms of Service, you may be exposed to content that is inaccurate or objectionable. LoyaltiExpress reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. LoyaltiExpress shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. If you become aware of misuse of our Service, please contact us firstname.lastname@example.org .
Third Party Content and Links
The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. LoyaltiExpress does not, in any respect, control such content or operate such third-party sites and does not guarantee the availability of any email from or links to third-party sites. LoyaltiExpress is not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
Ownership and licenses
All contents of the Service are the property of LoyaltiExpress or Merchants. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Service are copyrighted by LoyaltiExpress and is the exclusive property of LoyaltiExpress. The Web site and contents of the Service may not be copied, distributed, or transmitted in any way without the prior written consent of LoyaltiExpress; provided that you may download, print, and store a single copy of the Service for personal, noncommercial use. Use of Service contents on any other Web site or in a networked computer environment for any purpose is prohibited. You may not modify the content in any way, nor delete any copyright or trademark notice. You may not copy or adapt the HTML code and other software code used by LoyaltiExpress to generate the pages of the Service.
You agree that LoyaltiExpress may, under certain circumstances and without prior notice, immediately terminate your LoyaltiExpress account, any associated chops, points, memberships, rewards and access to the Service. Cause for such termination shall include, but not be limited to,
- Breaches or violations of the Terms of Service or other incorporated agreements or guidelines
- Requests by law enforcement or other government agencies
- A request by you (self-initiated account deletions)
- Discontinuance or material modification to the Service (or any part thereof)
- Unexpected technical or security issues
- Engagement by you in fraudulent or illegal activities
Termination of your LoyaltiExpress account includes:
- Removal of access to all promos within the Service
- Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
- Barring of further use of the Service
Further, you agree that all terminations for cause shall be made in LoyaltiExpress’s sole discretion and that LoyaltiExpress shall not be liable to you or any third party for any termination of your account, any associated messages and LoyaltiExpress codes, or access to the Service.
Disclaimer of Warranties
LoyaltiExpress disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Services results. LoyaltiExpress disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. LoyaltiExpress disclaims any responsibility for any harm resulting from information or material through the Service.
The Service is provided “as is” without any representations or warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement; any warranty that the Service operates error free or without interruption; any warranty that information obtained through the Service is accurate or reliable. The entire risk arising out of the use of the service with merchants remains with you.
Limitation of Liability
LoyaltiExpress shall not be liable for any direct, indirect or speculative damages arising from interruption, suspension or termination of Service, including, without limiting the foregoing, consequential, incidental, and special damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, regardless whether LoyaltiExpress advance notice of the possibility of any such damages. LoyaltiExpress shall not be liable for any direct, indirect or speculative damages arising from the use or inability to use the Service or for the cost of procurement of substitute goods or services or resulting from any goods or services or otherwise obtained or message received or transactions entered into, through or from the Service or resulting from unauthorized access to or alteration of your transmission of data, including without limiting the foregoing, consequential, incidental, and special damages, regardless whether LoyaltiExpress had advance notice of the possibility of any such damages.
You agree to provide accurate and complete information when you register with, and as you use, the Service and you agree to update such information to keep it accurate and complete. You agree that LoyaltiExpress may store and use any information you provide for use in maintaining and administering your user account.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of LoyaltiExpress to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.