Terms and Conditions
Terms of Service
Loxalrewards.com ("Loxal") is a service that enables users to earn points across different merchants for every purchase they make with a debit or credit card. These Terms of Service ("Terms") govern your access to and use of the services and Loxal’s website (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services, including but not limited to information linked through Third party Services as well as any posting of information that you make on your Profile (collectively referred to as "Content").
By using the information, tools, features and functionality located on Loxalrewards.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Loxalrewards.com website) or you are a "Member" (which means that you have registered with Loxalrewards.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to Loxal. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Loxal. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, we recommend you print or save a copy of this Agreement for your records.
Use of the Services
You are responsible for your use of the Services, for any information you choose to make available or any posts you provide, and for any consequences thereof. The content you make available, post, or display will be able to be viewed by other users of the Services and, in the future, through our third party partners' services and websites. You should only make available information or provide Content that you are comfortable sharing with others under these Terms. Loxal does not permit to post any Content that is deemed offensive.
You may use the Services if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Loxal provides are always evolving and the form and nature of the Services that Loxal provides may change from time to time without prior notice to you. For example, we may decide to enable our users to access the Services through a web-based mobile application as we grow. In addition, Loxal may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Loxal on the Services are subject to change. In consideration for Loxal granting you access to and use of the Services, you agree that Loxal and its third party providers and partners may use some of the aggregated information to place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
In order to use certain Services, you will need to sign-up or register with Loxal, create a username and provide certain information about yourself as prompted by the registration form, this includes a valid email address that Loxal can verify. You may not use a username for the purpose of impersonating another person or entity. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.
For information about Loxal’s data protection practices, please read Loxal’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how we treat your personal information when you access Loxalrewards.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Loxal Ownership Rights
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Loxal and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Loxal name or any of the Loxalrewards and Loxal trademarks, logos, domain names, and other distinctive brand features. You may use the Loxal name or any of the Loxal trademarks, logos, domain names, or other distinctive brand features only in the event Loxal grants you the right to do so in a separate written agreement. Any feedback, comments, or suggestions you may provide regarding Loxal, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You are responsible for safeguarding the password that you use to access the Services. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols. Loxal cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
It is the policy of Loxal to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Loxal by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you violate any of these Terms, your permission to use the Services may be suspended or revoked and we reserve the right to suspend or terminate your access to and use of the Services at any time if you violate any of these Terms.
The Services are Available 'AS-IS'
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, LOXAL AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Loxal will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Loxal or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Loxal of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to defend, indemnify, and hold harmless Loxal and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOXAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LOXAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Loxal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Dover, Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time, without the need to provide any notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Loxal LLC, 5 Cowperthwaite, Cambridge, MA 02139. If you have any questions about these Terms, please contact us at info@Loxalrewards.com.
Effective: December 14th, 2010