Terms Of Service

Terms of Use

Welcome to {{location.website}} (together with any related websites, the “Site”). The Site is owned and operated by {{location.name}}, Inc. (“{{location.name}}”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below). You represent to {{location.name}} that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have the authority to bind that entity, and you agree that “you,” as used in these Terms, includes both you personally and the entity you represent. You and {{location.name}} are collectively referred to as the “Parties,” and each is a “Party.”

1. Subscription Agreement.

These Terms do not govern the use of the digital customer loyalty program service, as well as other services (the “Service”) operated by {{location.name}}. If you are accessing or using the Service, then you are subject to {{location.name}}’s Subscription Agreement (currently available at https://{{custom_values.account_domain}}/subscription-agreement), or such other written contract as may be separately agreed upon and signed between you and {{location.name}}.

2. {{location.name}} Content.

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship, and other content (collectively, “Content”) of {{location.name}} or its licensors (“{{location.name}} Content”). The Site (including the {{location.name}} Content) is protected by copyright, trademark, trade secret, and other laws, and as between you and {{location.name}}, {{location.name}} owns and retains all rights in the Site and the {{location.name}} Content. {{location.name}} hereby grants you a limited, revocable, non-sublicensable license to access, display, and perform the {{location.name}} Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by {{location.name}} in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use or transfer any {{location.name}} Content. You may not, either directly or through the use of any device, software, online resource, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice on the {{location.name}} Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the {{location.name}} Content.

3. Trademarks.

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of {{location.name}} or other third parties. You are not permitted to use these Marks without the prior written consent of {{location.name}} or such third parties.

4. Third-Party Services.

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content, or other products or services created, hosted, or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development, or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with {{location.name}}, and you do so at your own risk. {{location.name}} is not responsible for, and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, without limitation, the accuracy or completeness of the information provided by such Third-Party Services or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. {{location.name}} is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

5. Privacy.

Please review {{location.name}}’s Privacy Policy for the Site (“Privacy Policy”), available at https://{{custom_values.account_domain}}/privacy-policy, to learn about {{location.name}}’s information collection, usage, and disclosure practices with respect to information collected by {{location.name}} through the Site.

6. Acceptable Use.

Your use of the Site is subject to {{location.name}}’s Acceptable Use Policy, available at https://{{custom_values.account_domain}}/acceptable-use-policy. {{location.name}} is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to {{location.name}} at {{location.email}}.

7. Compliance with Laws.

You represent that, in agreeing to and performing under these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations, or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control, or other governmental entities imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities, and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export, or otherwise deliver any {{location.name}} software, content, or services to a Sanctions Target, or broker, finance, or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving {{location.name}} software, content, or services pursuant to these Terms under Applicable Laws, including Export Laws.

8. Global Availability.

{{location.name}} controls the Site from {{location.state}}, {{location.country}} offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. {{location.name}} makes no representation that the products and services referenced herein are appropriate or available worldwide.

9. Indemnity.

You agree to defend, indemnify, and hold harmless {{location.name}}, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including, without limitation, attorneys’ fees) arising out of or related to any claim, suit, action, or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any {{location.name}} policy referenced in these Terms), violation of law, or any Content that you post, upload, or cause to interface with the Site, or otherwise transfer, process, use, or store in connection with the Site.

10. Disclaimers.

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY {{location.name}} ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. {{location.name}} ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED, OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER {{location.name}}’S CONTROL.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL {{location.name}}, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL {{location.name}}’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Responsibility for End Users.

You are responsible for violations of these Terms by anyone using the Site on your behalf or using your network or systems (including without limitation your employees, contractors, or agents), whether such use is permitted by you or not.

13. Termination and Monitoring.

13.1. If you violate these Terms, {{location.name}} may suspend or terminate your use of the Site. {{location.name}}’s right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if {{location.name}} believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of {{location.name}}, its customers or third parties.

13.2. {{location.name}} reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. {{location.name}} has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that {{location.name}} finds to be in violation of these Terms. {{location.name}} may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. {{location.name}} also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations. 

14. Electronic Communications.

When you visit the Site or send emails to {{location.name}}, you are communicating with {{location.name}} electronically, and you consent to receive communications from {{location.name}} electronically. {{location.name}} will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that {{location.name}} provides to you electronically satisfy any legal requirement that such communications be in writing.

15. Modifications.

{{location.name}} may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

16. Governing Law.

This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Castle County, State of Delaware, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.

17. Miscellaneous.

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms, which are in addition to, inconsistent with, or different from these Terms, shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and {{location.name}}. You may not assign, transfer, or sublicense all or any of your rights or obligations under these Terms without {{location.name}}’s express prior written consent. {{location.name}} may assign, transfer, or sublicense all or any of {{location.name}}’s rights or obligations under these Terms without restriction. The failure of {{location.name}} to exercise or enforce any condition, term, or provision of these Terms will not operate as a waiver of such condition, term, or provision. Any waiver by {{location.name}} of any condition, term, or provision of these Terms shall not be construed as a waiver of any other condition, term, or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. {{location.name}} will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

18. Contact.

Please contact {{location.name}} at {{location.email}} with any questions regarding these Terms.

19. TERMS AND CONDITIONS - SMS

By checking the box, you ("End User") consent to receive messages from {{location.name}} ("Business") for the purpose of receiving seasonal promotions, order confirmations, and reminders. Please read the following carefully before giving your consent.

I. The messages you will receive from the Business will be related to seasonal promotions and app notifications and reminders, which may include promotional offers, discounts, updates, and other related content.

II. You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

III. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to {support email address or toll-free number}.

IV. Carriers are not liable for delayed or undelivered messages.

V. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

VI. For privacy-related inquiries, please refer to our privacy policy: https://{{custom_values.account_domain}}/privacy-policy