Terms of Use Agreement

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LP, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without LP's express prior written consent.

You may use information on LP products and services  purposely made available by LP for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. LP reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any LP  server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of LP , including any LP  account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LP’s systems or networks, or any systems or networks connected to the Site or to LP.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LP on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of LP or others.

In order to access LoyaltyPlant Online Services you will obtain from us log in information, password or other account information which you undertake not to share with anyone other than Business Representatives. You may not use another user’s account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.

You are solely responsible for maintaining the confidentiality of the LoyaltyPlant Online Services, password or other account information and for any activity that occurs on the LoyaltyPlant Online Services, and you must keep the LoyaltyPlant Online Services password secure. You must notify us immediately of any breach of security or unauthorized use of the  LoyaltyPlant Online Services or any other breach of security that you become aware of involving or relating to the LoyaltyPlant Online Services. You will be liable for any use of the  LoyaltyPlant Online Services or password, including without limitation, our losses due to any unauthorized use of the LoyaltyPlant Online Services. We will not be liable for any losses incurred by you, the Business or anyone on your behalf and caused due to any unauthorized use of the LoyaltyPlant Online Services.

LP’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view LP’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission   is encrypted.

Links provided within the LoyaltyPlant Online Services will allow you to connect to other websites and services that are not under LoyaltyPlant' control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk. 

LP IS PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS. LP DOES NOT GUARANTEE THAT LP OR THE BUSINESS ACCOUNT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATIBILITY. 

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL LP BE LIABLE TO YOU OR THE BUSINESS FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF LP  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITE; (IV) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE THE SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

We may limit, suspend or terminate the  LoyaltyPlant Online Services  and/or your ability to accessor use the Site, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these  the Site. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of  the Site. You agree that in the event we discontinue, terminate or suspend the LoyaltyPlant Online Services  or your access to Site, you shall not attempt to re-register with or access Site through use of a different user name or otherwise.

You agree to indemnify and hold LP, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against LP by any third party due to or arising out of or in connection with your use of the Site.

The documents relating to your use of the LoyaltyPlant Online Services, including these Terms, shall be governed by the laws of the State of New York. By using the LoyaltyPlant Online Services you agree to subject yourself to the exclusive jurisdiction of the Supreme Court of the State of New York, County of New York and/or the United States District Court for the Southern District of New York for the litigation of any claims arising out of or relating to the LoyaltyPlant Online Services that are not covered by the arbitration clause contained herein.

Unless otherwise noted, all materials published on any LoyaltyPlant Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by LoyaltyPlant and/or its affiliates or by other parties that have licensed their material to LoyaltyPlant (“LoyaltyPlant Marks”). LoyaltyPlant Marks displayed in the LoyaltyPlant Online Services represent some of the proprietary rights currently owned or controlled by LoyaltyPlant in the United States and/or in other countries and are not intended to be a comprehensive compilation of all LoyaltyPlant' worldwide proprietary ownership rights.

Other trademarks, service marks, graphics and logos used in connection with the LoyaltyPlant Online Services are the trademarks of their respective owners (collectively “Third Party Marks”). 

The LoyaltyPlant Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. You may not remove or alter any copyright, trademark or other proprietary right notice in the LoyaltyPlant Online Services.  All rights not expressly granted are reserved.

No delay or failure on the part of LoyaltyPlant to enforce any part of these Terms will constitute a waiver of any of LoyaltyPlant' rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by LoyaltyPlant nor the reliance of any person on LoyaltyPlant' actions will be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of LoyaltyPlant will have any legal effect whatsoever. 

If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions, and the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible. 

These Terms and the rights granted hereunder may be assigned by LoyaltyPlant but you may not assign them without the prior express written consent of LoyaltyPlant, and any such attempt will be void.

YOU AND LOYALTYPLANT AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and LoyaltyPlant and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “LoyaltyPlant”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Richmond County, in the State of New York administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. LoyaltyPlant will provide such notice by e-mail to your e-mail address on file with LoyaltyPlant and you must provide such notice by completing the form on the LoyaltyPlant website https://loyaltyplant.com/contact-us/ with “Legal Dispute” appearing in the first line of the request box.  During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LoyaltyPlant will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.  If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse LoyaltyPlant for all fees associated with the arbitration that LoyaltyPlant paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. LoyaltyPlant and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither LoyaltyPlant nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.  If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). 

The headings and captions contained herein are for convenience only. These Listing Terms will inure to the benefit of and will be binding upon each party’s valid successors and assigns. 

If you have any questions regarding any of these Terms, you can contact us by using the Contact form on the LoyaltyPlant website https://loyaltyplant.com/contact-us/ or by mail contact@loyaltyplant.com.

@2023. LoyaltyPlant name, design, logos and related marks are registered trademarks of LoyaltyPlant Inc. All rights reserved.