Welcome to the Website Terms and Conditions of Use Agreement (the “Agreement”) for Firepower Marketing, Inc. d/b/a Royalty Rewards® (“Royalty Rewards”). This Agreement describes the terms and conditions applicable to your use of the http://www.royaltyrewards.com website (“Site”).
1. Service Terms
A. Use of Site. Royalty Rewards grants you a limited license to access this Site to view information on the Site provided your use of the Site is solely for your personal, noncommercial use. You agree to not copy or distribute any part of the Site in any medium without Royalty Rewards’ prior written authorization. You further agree you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, and you will otherwise comply with all the terms and conditions of this Agreement. The permission granted to you shall terminate automatically if you breach any of these terms and conditions.
B. Prohibited Use of Site. You shall not make any commercial use of this Site or its contents. You further agree not use any data mining, robots, or similar data gathering and extraction tools on this Site. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Royalty Rewards. You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by Royalty Rewards to be in conflict with the spirit or intent of this Agreement.
C. Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use of this Site including, without limitation, telecommunications, Internet access connections, Web browsers, or other equipment, programs, and services required to access and use the Site.
C. Cookies. When you visit this Site, Royalty Rewards may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us maintain and improve this Site in many ways. A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. Please refer to your browser instructions to learn more about these functions.
D. Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Royalty Rewards may undertake from time to time; or (iii) causes beyond the control of Royalty Rewards or that are not reasonably foreseeable.
3. Ownership of Intellectual Property
A. Trademarks. The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by Royalty Rewards. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Royalty Rewards. All other brand names not owned by Royalty Rewards on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any metatags or any other “hidden text” utilizing Royalty Rewards’ Trademarks without the express written consent of Royalty Rewards. Any unauthorized use terminates the permission or license granted by Royalty Rewards.
B. Copyrighted Works. Certain content contained on this Site including, but not limited to, images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases are owned by or licensed to Royalty Rewards. Any other copyright protected content not owned by Royalty Rewards is owned by its respective owner. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal noncommercial use) from the Site without the prior expressed written permission of Royalty Rewards.
4. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Royalty ReWards, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Royalty Rewards MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS SITE, OR ANY THIRD-PARTY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
5. Limitation of Liability
IN NO EVENT SHALL Royalty Rewards, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Site is controlled and offered by Royalty Rewards from its facilities in Canada and the United States of America. Royalty Rewards makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
6. Release and Indemnification
A. Release. In the event that you have a dispute with a third party that involves this Site, you agree to release Royalty Rewards and its members, governors, directors, officers, employees and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
B. Indemnification. You agree to indemnify, hold harmless and defend Royalty Rewards, its members, governors, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (i) this Agreement; (ii) your use of this Site, including any data or work transmitted or received by you; and (iii) any prohibited use of the Site as set forth in Section 1(B).
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Royalty Rewards reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site; (ii) suspend your access to or use of all or any portion of the Site; and (iii) terminate this Agreement.
A. Amendment. Royalty Rewards shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
B. Waiver. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
C. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
D. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile or e-mail address. User hereby consents to notice by e-mail.
E. Law. This Agreement is made in and shall be governed by the laws of the State of Washington without reference to its conflict of laws provisions.
F. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Washington. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each party by the federal and/or state courts in the State of Washington. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Washington and to the venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Washington.
G. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections that any party may now or hereafter have, to process being served in any such suit, action, or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Minnesota.
H. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
I. Survival. The terms and provisions of Sections 2, 3, 4, 5, and 6 shall survive any termination or expiration of this Agreement.
J. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties as it relates to Your use of the Site and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.