Terms of Service
Your use of the products, software, and downloading of Promotions from Merchants, and other features (referred to collectively as the “Services”) on the www.incentiveapp.com website (the “Site”) is subject to the terms of a legal agreement between you and Savvy Pro, LLC - IncentiveApp (“IncentiveApp"). “IncentiveApp” owns the Site and has a principal place of business at 555 S. Randall Road Ste. 206, St. Charles IL 60174. These Terms of Service (“Terms”) contain the terms of that legal agreement.
These Terms form a legally binding agreement between you and IncentiveApp in relation to your use of the Services. It is important that you take the time to read them carefully. You should print or save a copy of these Terms for your records. The English language version of the Terms will govern your relationship with IncentiveApp.
The Site allows you to download special offers (“Promotions”) from participating Merchants. For purposes of these Terms, “Merchants” means retailers, stores, restaurants, service providers, and any other provider of goods and/or services who Post Promotions on the Site. Your use of the Site and downloading of any Promotions is governed by these Terms.
If you do not agree with some or all of the provisions of the Terms, leave the Site and do not use the Services.
1. Your Use
1.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept all of the Terms.
1.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by the Site in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that IncentiveApp will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with IncentiveApp, or (b) you are a person barred from receiving the Services under the laws of any country including the country in which you are a resident or from which you use the Services. THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD BE, OR COULD BE DEEMED, A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
1.4 You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Provision of Services
2.1 You acknowledge and agree that the form and nature of the Services which IncentiveApp provides may change from time to time without prior notice to you.
2.2 You acknowledge and agree that IncentiveApp may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at IncentiveApp’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform IncentiveApp when you stop using the Services.
2.3 You acknowledge and agree that IncentiveApp may disable access to your account at any time and for any reason. You acknowledge and agree that if IncentiveApp disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
2.4 You acknowledge and agree that while IncentiveApp may not currently have set a fixed upper limit on the number of transactions you may take part in through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by IncentiveApp at any time, at IncentiveApp's discretion.
2.5 The Site, or any area within the Site, may not be available to you at all times for a variety of reasons including, but not limited to, server upgrades or maintenance. You agree that IncentiveApp is not obligated to you in any way for any interruption or termination of access to the Site.
3. Use of the Services by You
3.1 In order to access certain Services, you may be required to provide information about yourself (such as identification, email address or other contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to IncentiveApp will always be accurate, correct and up to date.
3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including but not limited to any laws regarding the export of data or software to and from the United States or other relevant countries).
3.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by IncentiveApp. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers).
3.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services, or any portion thereof.
3.6 You agree that you are solely responsible for (and that IncentiveApp has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which IncentiveApp may suffer) of any such breach.
3.7 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated. All such information is referred to herein as the “Content” and includes, but is not limited to, Content that you Post. ”Post”, “Posted” or “Posting” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Site.
3.8 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that you do not own.
3.9 IncentiveApp reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, IncentiveApp may not provide tools to filter out Content including explicit sexual content. You understand and agree that there are commercially available services and software to limit access to material that you may find objectionable. Such services and software may easily be found by doing an online search for “parental controls” and/or “internet filter”. www.netnanny.com and www.parentalsoftware.org are just two sources of readily available online information. Filtering software is also readily available through many local office and software supply stores.
3.10 Although IncentiveApp strives to remove objectionable content, you understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. IncentiveApp may remove or edit any Content at any time and for any reason and/or ban users from the Site at any time and for any reason.
3.11 You agree that you are solely responsible for (and that IncentiveApp has no responsibility to you or to any third party for) any Content that you Post while using the Services and for the consequences of your actions (including any loss or damage which IncentiveApp may suffer) by doing so.
3.12 When using the comment or chat feature or using other Services on the Site, you represent and warrant that you will not:
- Defame, abuse, harass, sexually harass or threaten others using the Site
- SPAM other members
- Knowingly Post fraudulent material, stories or misrepresent yourself in any way
- Make any bigoted, hateful, or racially or sexually offensive statements
- Advocate illegal activity or discuss illegal activities with the intent to commit them
- Post, link to or distribute any material that infringes and/or violates any right of a third party or any law
- Post, link to, discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images
- Post, link to or distribute any software or other materials that contain a virus or other harmful component
- Post, link to or make statements that do not generally pertain to the designated topic or theme
- Post solicitations in areas that are not designated for such purposes
- Post or distribute material that exploits children
- Post Content that is copyrighted and claim it as your own
- Post any Content that you do not own or have the right to Post.
3.13 IncentiveApp is not responsible for the content or accuracy of any information Posted on the Site by users, and shall not be responsible for any transactions made based on such information.
3.14 This Site may contain links to other sites. IncentiveApp is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site. Those web sites are owned and operated by third parties and access to and use of those web sites is governed by the terms and policies of those web sites or resources. You acknowledge and agree that IncentiveApp is not responsible or liable for: (i) the availability or accuracy of such web sites; or (ii) the content, advertising, or products on or available from such web. The inclusion of any link does not imply that IncentiveApp endorses the linked site. You use the web sites, links and resources at your own risk.
4.1 Through the Site, you may download Promotions from participating Merchants. By downloading a Promotion you agree that the Merchant (and NOT IncentiveApp) is the maker of the Promotion and is solely responsible for redeeming your Promotion and delivering the goods and/or performing the services described in the Promotion. You may only redeem your Promotion through the Merchant at the Locations listed and only if you agree to these Terms.
4.2 You agree to download the Promotion as instructed through the Site. You agree that all Promotions:
- Are not redeemable toward shipping or handling charges
- May not be used in conjunction with any other offer
- Are not redeemable for cash (unless otherwise required by law and then only at the minimum amount allowed by law)
- Do not cover any taxes, gratuities or other service charges
- Are subject to any additional terms and conditions imposed by the Merchant in the Fine Print
4.3 Neither the Merchant nor IncentiveApp is liable for a lost or stolen Promotions.
4.4 Reproduction or resale of any Promotions is expressly prohibited. If you redeem the Promotion for less than its face value, you will not be entitled to a credit or cash equal to the difference between the face value of the Promotion and the amount of the Promotion you redeemed unless otherwise required by law.
4.6 Promotions contain expiration dates. You must redeem the Promotion on or before the expiration date. Merchants are not responsible for honoring expired promotions.
4.7 Restaurant and store Promotions may have statutory limits on the amount of the Promotions that may be used for alcoholic beverages and/or other products or services. Compliance with the relevant statutory limit is the responsibility of the Merchant.
4.8 You agree that the Merchant is fully responsible for any and all injury, illness, death, damages, claims, liabilities and costs that are suffered by you or any third party and caused in whole or in part by the Merchant or your redemption or attempted redemption of a Promotion. You waive, and release IncentiveApp and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Promotion or the goods or services provided in connection with the Promotion.
5. Proprietary Rights
5.1 You acknowledge and agree that IncentiveApp (or IncentiveApp’s licensors or business partners) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by IncentiveApp or its Licensors and that you shall not disclose such information without IncentiveApp’s prior written consent.
5.2 Nothing in the Terms gives you a right to use any of trade names, trade marks, service marks, logos, domain names, and other distinctive brand features that appear on the Site.
5.3 You agree that you are responsible for protecting and enforcing any intellectual property right you may have in the Content you Post and that IncentiveApp has no obligation to assist you in any way in protecting or enforcing such rights.
5.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
5.5 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6. License from IncentiveApp
6.1 IncentiveApp gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by IncentiveApp, in the manner permitted by the Terms.
6.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
7. Content that You Post
7.1 You are solely responsible for all Content you Post on the Site. By submitting, Posting or displaying the Content, you give IncentiveApp the right to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise use the Content in any manner IncentiveApp, in its sole discretion, sees fit including, but not limited to, using the Content in advertising of any form and promotional material of any form and kind. You agree that this includes the right for IncentiveApp to make such Content available to other companies, organizations or individuals.
7.2 You understand that IncentiveApp, at any time and for any reason, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make changes to your Content as deemed necessary or appropriate by IncentiveApp in its sole discretion. You agree that IncentiveApp may take these actions.
7.3 You confirm and represent and warrant to IncentiveApp that you own the Content you Post and have all the rights, power and authority necessary to grant the above. You also represent and warrant that you will not Post any photos or other Content that is fraudulent, defamatory in any way, obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise in violation of any laws. IncentiveApp is not responsible, and you agree not to hold IncentiveApp liable, for any comments anyone may Post about you or about Content that you Post. Your obligations in this Section 7 are in addition to all other obligations contained in the Terms.
8.1 USE OF THE SERVICE IS AT YOUR OWN RISK. THE SITE, THE SERVICES, AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IncentiveApp, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, IncentiveApp, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.2 IncentiveApp IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO OTHER USERS) CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE SERVICE (COLLECTIVELY, “THIRD PARTY MATERIALS”). WITHOUT LIMITING THE FOREGOING, IncentiveApp IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8.3 IF YOU ARE DISSATISFIED WITH THIS SITE FOR ANY REASON, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
9. LIMITATION OF LIABILITY
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT IncentiveApp SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF IncentiveApp HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF IncentiveApp OR OF IncentiveApp’s LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO IncentiveApp DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $1000, WHICHEVER IS LESS.
9.2 THE LIMITATIONS ON IncentiveApp’s LIABILITY TO YOU SHALL APPLY WHETHER OR NOT IncentiveApp HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10.1 IncentiveApp may terminate and delete your account, delete any Content you have Posted on the Site, and/or prohibit you from using or accessing the Service (or any portion thereof) for any or no reason, and at any time in IncentiveApp’s sole discretion, with or without notice. Further, IncentiveApp reserves the right to change any aspect or feature of the Site at any time without notice.
11.1 You agree to indemnify and hold IncentiveApp and officers, directors, agents and employees of IncentiveApp, harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including attorneys’ fees) (“Claim”) arising out of or related to your (a) use of the Services or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. IncentiveApp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify IncentiveApp, and you agree to cooperate with IncentiveApp’s defense of these Claims.
In connection with the foregoing release, you agree to waive California Civil Code Section 1542 which states: “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.”
12. Changes to the Terms
12.1 IncentiveApp may make changes to the Terms from time to time without notice to you. You understand and agree that if you use the Services after the date on which the Terms have changed, your doing so signifies your acceptance of the changed Terms.
13. Governing Law and Venue
You agree that any dispute between you and IncentiveApp will be governed by these Terms and the laws of the State of Illinois. You and IncentiveApp agree to submit to the exclusive jurisdiction of the courts located within Kane County in the State of Illinois, United States of America, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that IncentiveApp shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14. General Terms
14.1 If and to the extent that any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of these Terms in that or any other jurisdiction.
14.2. Section Headings. The section headings and numbering of these Terms are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.
14.3 No Waiver. No failure or delay by IncentiveApp in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by IncentiveApp shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
14.4 These Terms represent the entire agreement between you and IncentiveApp related to your use of the Site and supersedes all prior understandings, arrangements and representations, whether verbal, written, or presented online.