Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by RewardPads. Your use of the RewardPads application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the RewardPads application.
These terms and conditions of service represent the agreement ("Agreement") between you and RewardPads, LLC. ("RewardPads") with respect to the RewardPads application service (the "RewardPads Service" or "Service"). All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
RewardPads may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.rewardpads.com/sms-terms from time to time to review the then current terms and conditions for the RewardPads Service.
THE REWARDPADS SERVICE
RewardPads provides mobile marketing solutions for well-known brands and enterprises. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, text messaging and data charges billed by your carrier may apply. A complete description of the RewardPads Service is available at the Products link on RewardPads's website, located at http://www.rewardpads.com.
The RewardPads Service may use data licensed to or provided to RewardPads by RewardPads's brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by RewardPads's brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.
YOUR LOCATION AND OTHER PERSONAL INFORMATION
RewardPads's downloadable applications may access GPS, if available, from your device to determine your location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial start-up of the application to allow the application to use your location.
SAFE AND LAWFUL USE OF THE REWARDPADS SERVICE
You agree to comply with the following when using the RewardPads Service:
Do not use the RewardPads Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Do not use the RewardPads Service while operating a motor vehicle.
You are responsible for any fees assessed by your wireless telephone carrier to access the RewardPads Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges.
RewardPads reserves the right to terminate your access to the RewardPads Service at any time for any or no reason and without notice to you.
You may terminate the RewardPads Service at any time by notifying RewardPads via (i) an email addressed to firstname.lastname@example.org, (ii) a letter addressed to RewardPads, PO Box 39063, Charlotte NC, 28278 or (iii) a phone call to RewardPads Customer Support at 888-340-7769
Any such cancellation by you shall become effective when processed by RewardPads.
Upon any termination of your RewardPads Service, RewardPads shall have no liability to you or any further obligations under this Agreement.
To the fullest extent permissible pursuant to applicable law, in no event will RewardPads, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the RewardPads Service or the RewardPads Software. You are responsible for the entire risk arising out of your use of the RewardPads Service and the RewardPads Software.
The RewardPads Service and the RewardPads Software are provided "as is" and without warranties of any kind either express or implied. RewardPads disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances shall RewardPads or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the RewardPads Service or the RewardPads Software, any defects in the RewardPads Service or the RewardPads Software, or any breach of this Agreement, even if RewardPads or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold RewardPads and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney.s fees, arising out of or in connection with your use of the RewardPads Service.
ARBITRATION AND GOVERNING LAW
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the RewardPads Service, or the RewardPads Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of North Carolina, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.
This Agreement constitutes the entire agreement between RewardPads and you with respect to the subject matter hereof.
RewardPads's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to RewardPads. Notwithstanding the foregoing, RewardPads may assign this Agreement to any affiliate or successor company at any time without notice.
By using the RewardPads Service, you consent to receive from RewardPads all communications, including notices, agreements, legally required disclosures or other information in connection with the RewardPads Service (collectively, "Notices") electronically. RewardPads may provide such Notices by posting them on RewardPads's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the RewardPads Service.
If you have any questions regarding the terms of this Agreement, please contact RewardPads via (i) an email addressed to email@example.com, (ii) a letter addressed to RewardPads, PO Box 39063, Charlotte NC, 28278, or (iii) a phone call to RewardPads Customer Support at 888-340-7769
This SMS and Mobile Application Terms was last updated on November 24, 2013.