Through this website, Customer Loyalty Program. (“Customer Loyalty Program” or “we”) offers a service that allows users who register with Customer Loyalty Program (each a “User”or “you”) to use Customer Loyalty Program’s proprietary software platform to build and host mobile websites (the “Service”). By using the Service, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time. PLEASE READ THIS AGREEMENT CAREFULLY. If you do not agree to these terms and conditions, please do not use the Service. Use of the Service is limited to those individuals and entities who can form legally binding contracts under applicable law, and without limiting the foregoing, the Service is not to be accessed or used by minors.
In addition, when using any particular Service option, you may be subject to additional guidelines or terms and conditions applicable to such service that may be posted on txadco.com from time to time, which are hereby incorporated into this Agreement.
Registration.
If you wish to become a User, you are required to register by creating an account. If you register, you
represent and warrant to Customer Loyalty Program that: (i) you are of legal age to form a binding
contract, and, if you are acting on behalf of an organization, you have the right to enter this
Agreement on behalf of such organization; (ii) you will provide Customer Loyalty Program with accurate,
current and complete registration information; (iii) your registration and your use of the Service is
not prohibited by law; and (iv) you have all legal rights to publish and distribute mobile website
versions of the User blogs and websites you input into the Service (the “User Authorized
Sites”). Customer Loyalty Program reserves the right to terminate or suspend your status as a User in the
event that you breach any term of this Agreement.
Provision of Service.
During the period that you are a User in good standing (the “Term”), you are entitled to use the Service
to create mobile website versions of the User Authorized Sites (such mobile versions the “User Mobile
Sites”). As part of the Service, Customer Loyalty Program will host the User Mobile Sites on its servers.
User acknowledges that User Mobile Sites are updated at regular intervals, so that the User Mobile Sites
will not immediately reflect changes to the User Authorized Sites. Customer Loyalty Program is not
responsible for any errors or delays in the Service caused by any error or fault of User with the User
Authorized Sites or the RSS feeds sent to Customer Loyalty Program. User will ensure that the User
Authorized Sites do not contain any computer virus, code or other feature that may harm or impair the
operation of the Service.
Licenses.
The Service includes the right for User to use (a) Customer Loyalty Program’s online tools to optimize the
User Authorized Sites for mobile delivery; and (b) Customer Loyalty Program mobile tags on User Authorized
Sites to alert end users to the User Mobile Sites (such tools and tags the “Customer Loyalty Program
Tools”). Customer Loyalty Program grants User a limited, non-exclusive, non-transferable right and license
to use the Customer Loyalty Program Tools during the Term in connection with User’s use of the Service.
Except as expressly permitted herein, User shall not copy, modify, distribute, sublicense, make
available, reverse engineer, reverse compile or otherwise use the Customer Loyalty Program Tools. No
license is granted to User to Customer Loyalty Program Tools or any other proprietary technology or
intellectual property of Customer Loyalty Program except as expressly stated herein,
and Customer Loyalty Program reserves all rights therein.
User hereby grants to Customer Loyalty Program the limited, non-exclusive, right and license: (a) to use, copy and publish the User Authorized Sites to create User Mobile Sites and to display such User Mobile Sites to end-user. In addition, User hereby grants Customer Loyalty Program the limited, non-exclusive right and license to display an image of User Mobile Sites (or any part thereof) in Customer Loyalty Program’s marketing materials and on Customer Loyalty Program’s websites. Users may opt out of such use of User Mobile Sites by sending written notice to Customer Loyalty Program at info@mobilestamp.com, and in the event of such opt out Customer Loyalty Program will cease use of your User Mobile Sites promptly, subject to a reasonable transition period to allow Customer Loyalty Program to make changes to marketing materials and websites. Except for the limited licenses granted to Customer Loyalty Program in this Agreement, Customer Loyalty Program acquires no rights in or to the User Authorized Sites, and all such rights are retained and reserved exclusively by User.
Customer Loyalty Program Obligations.
The Service includes the following benefits: (a) Customer Loyalty Program shall use commercially
reasonable efforts so that the Service is available 24 hours per day, 365 days per year, subject to
reasonable periodic maintenance and any necessary emergency maintenance; (b) Customer Loyalty Programshall
use commercially reasonable efforts to supply access to analytics for the User Mobile Sites 24 hours a
day; and (c) Customer Loyalty Program shall use commercially reasonable efforts to allow you access to our
proprietary mobile site layout tool 24 hours a day. You may cancel your subscription at any time by
going to the “billing settings” section of the platform and selecting Cancel Account. Your cancellation
will take effect at the end of the then-current billing cycle. You are not entitled to any refund for
the period from when you give notice to the end of the billing cycle.
Fees.
Use of the Service is subject to payment of the applicable fees listed on the Customer Loyalty Program
website, which are paid by User by credit card or arranged invoice. If any credit card payment is
dishonored or charged back to Customer Loyalty Program, the User remains liable to Customer Loyalty Program
for the full amount of fees payable. Customer Loyalty Program reserves the right to collect interest at
the maximum rate permitted by applicable law on overdue balances. If Customer Loyalty Program terminates
your User status or use of the Service as a result of breach of this Agreement, you will not be entitled
to any refund of fees paid. If any taxes, including sales, use or service taxes, are applicable
to Customer Loyalty Program’s provision of the Service to you, you are responsible for payment of such
taxes.
Proprietary Rights.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of
information) and other content on txadco.com, including any Submissions (as defined
below) (collectively, the “Site Content”) are proprietary to us or to third
parties. Customer Loyalty Program authorizes you to view, download, and use the Site Content solely in
connection with your authorized use of the Service in accordance with this Agreement. Except as
expressly permitted above, copying, modifying, reproduction, redistribution, republication, uploading,
posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion
of the Site Content, is strictly prohibited without the prior written permission
of Customer Loyalty Program. In addition, you may not link to any part of the Site Content or frame or
otherwise display in any manner the Site Content at any other web site or elsewhere
without Customer Loyalty Program’s written consent.
All software used by Customer Loyalty Program to operate the Service is proprietary to us or to third parties, and except as may be required to use the Service in accordance with this Agreement, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The mark Customer Loyalty Program is proprietary to us, and it may not be used in connection with any service or products other than those provided by Customer Loyalty Program, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Customer Loyalty Program. Any use of the Customer Loyalty Program mark, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Certain types of data and analytics are generated in connection with use of the Service: (a) “User Data”, meaning any data and analytics specific to User, including number of page views, the types of handsets of viewers of User Mobile Sites, and the source of mobile traffic; and (b) “Aggregated Data”, meaning data generated by Customer Loyalty Program in connection with this Agreement that does not identify User, including aggregated traffic analysis, aggregated usage reports, and aggregated information about end-user access to mobile websites. Customer Loyalty Program does not collect personally identifiable information from the Service. Customer Loyalty Program shall make the User Data available to User on txadco.com via a secured account and login in provided by Customer Loyalty Program. As between User and Customer Loyalty Program and to the extent permitted by law: (i) User owns and retains all rights to User Data, and Customer Loyalty Program shall use User Data only for the purposes of this Agreement; and (ii) Customer Loyalty Program owns and retains all rights to Aggregated Data. You agree, and represent and warrant, that your use or other exploitation of the Service and the Site Content, or any portion thereof, will be consistent with the licenses, covenants and restrictions in this Agreement and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
You agree that Customer Loyalty Program may refer to or feature your User Mobile Site on its own websites or promotional materials at any time, in its discretion (although you may opt out of this by contacting Customer Loyalty Program in writing).
Warranty Disclaimers and Limitations of Liability.
If you have paid all fees due, Customer Loyalty Program covenants that it will deliver the Service in
accordance with applicable industry standards. In the event of any breach of such covenant, or other
failure or defect with respect to the Service, the sole and exclusive remedy of the User, and the sole
and exclusive liability of Customer Loyalty Program, shall be, at Customer Loyalty Program option (a) to
re-perform the Service to remedy the defect or failure or (b) to refund the amount paid for the period
during which the Service was alleged to be defective.
Except as stated in the previous paragraph, Customer Loyalty Program and Customer Loyalty Program Affiliates make no representations or warranties of any kind regarding the Service and the Site Content, and Customer Loyalty Program and Customer Loyalty Program Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Customer Loyalty Program, any of Customer Loyalty Program Affiliates or through the Service or Site Content will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM Customer Loyalty Program OR Customer Loyalty Program AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF Customer Loyalty Program OR Customer Loyalty Program AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF Customer Loyalty Program AND Customer Loyalty Program AFFILIATES FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO Customer Loyalty Program FOR THE SERVICE DURING THE PERIOD IN WHICH IT WAS ALLEGED TO BE DEFECTIVE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Your Indemnity of Customer Loyalty Program and Customer Loyalty Program Affiliates; Termination of
Use.
You agree to indemnify, hold harmless, and at their respective options, defend Customer Loyalty Program
and Customer Loyalty Program Affiliates from all causes of action, claims and allegations (whether
threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and
professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach
or alleged breach of your duties or obligations under this Agreement or your use of the Service or Site
Content. For any indemnified matter, Customer Loyalty Program and Customer Loyalty Program Affiliates will
have full control of the response thereto and the defense thereof, including any agreement relating to
the settlement thereof, and you will cooperate fully with Customer Loyalty Program
and Customer Loyalty Program Affiliates in such matter.
Customer Loyalty Program may, at its option, suspend or terminate any User’s access to any or all of the Service, including your password and account, at any time on notice to you. If such termination occurs due to breach of this Agreement by you, you will not be entitled to any refund on account of termination. If termination is not due to breach of this Agreement by you, termination will take effect at the end of the then-applicable billing cycle, and no further payments shall be due from you.
Digital Millennium Copyright Act Compliance.
Customer Loyalty Program complies with the provisions of the Digital Millennium Copyright Act applicable
to internet service providers (17 U.S.C. §512, as amended). If any person has any complaints or
objections to material posted on the Service or on any User Mobile Site hosted by the Service, you may
contact our Designated Agent at the following address:
Customer Loyalty Program
12816860434
txadco@gmail.com
Any notice alleging that materials on this Service or on any User Mobile Site hosted by the Service
infringe intellectual property rights must include the following information:
Minors.
This Service is not directed at users under the age of 13. If you are under the age of 13, you are not
permitted to register as a User or send any information about yourself to us.
Applicable Law and Jurisdiction; Compliance.
The Service (excluding links) are controlled by Customer Loyalty Program and operated
by Customer Loyalty Program from its offices in and around Madison, Wisconsin. Because the Service is made
available by means of the Internet it is accessible in all fifty states and other countries. As each of
these places has laws that may differ from those of Wisconsin and from each other, and as you
and Customer Loyalty Program both benefit from establishing a predictable legal environment in which to
operate, use or otherwise exploit the Service, by using the Service you and Customer Loyalty Program agree
that all matters arising from or relating to the use and operation of the Service will be governed by
the substantive laws of Wisconsin, without regard to its conflicts of laws principles. You agree that
all claims you may have arising from or relating to the operation, use or other exploitation of the
Service will be heard and resolved in the federal and state courts located in Wisconsin. You consent to
the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of
proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you
choose to gain access to the Service from locations other than Wisconsin, you will be responsible for
compliance with all local laws of any such other location, and in no event will you use the Service or
Site Content in violation of U.S. export laws or regulations.
Miscellaneous Provisions.
No delay or omission by Customer Loyalty Program in exercising any of its rights occurring upon any
noncompliance or default by you with respect to any of the terms and conditions of this Agreement will
impair any such right or be construed to be a waiver thereof, and a waiver by Customer Loyalty Program of
any of the covenants, conditions or agreements to be performed by you will not be construed to be a
waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof
contained. As used in this Agreement, “including” means “including but not limited to.” If any provision
of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then
this Agreement will remain in full force and effect and will be reformed to be valid and enforceable
while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise
expressly provided herein, this Agreement sets forth the entire agreement between you
and Customer Loyalty Program regarding its subject matter, and supersedes all prior promises, agreements
or representations, whether written or oral, regarding such subject matter. This Agreement may be
assigned by Customer Loyalty Program to any successor to its business, whether by merger, change of
control, or sale of all or substantially all of its assets. You agree that the electronic text of this
Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a
“signing” for all purposes.
Updated on 8/12/2015