Terms and Conditions
TERMS AND CONDITIONS
(1) YOUR ACCEPTANCE OF THESE TERMS
By accessing and using this website (sometimes referred to as “Site”), you accept and agree to be bound by the terms and provision these Terms and Conditions. In addition, when using TLC Wallet’s (referred to as Wallet or ‘app’) particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service (also called the TOS).
These Terms constitute a binding legal Agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and TLC Employer services and its successors, subsidiaries, affiliates and family of brands (“TLC,” “Wallet,” “app,” “we,” “us” and/or “our”).
By using the Sites and/or services, you agree to these Terms.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE BINDING AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE APP.
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product or a benefit offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
(2) ELECTRONIC COMMUNICATION
Unless specifically noted the communications between you and Wallet will be electronic. You consent to receive communications from Wallet in an electronic form. You agree that all terms and conditions, Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
(3) YOUR PRIVACY
(4) CERTAIN CONDITIONS PLACED ON YOUR USE OF THE SITES AND SERVICE
Your permission to use the Sites and/or services is conditioned upon your Agreement that you:
- Will comply with these Terms
- Are able to form a binding contract with us and agree that;
- You are not prohibited by law from accessing our Sites and/or services or have not previously been banned, terminated or otherwise denied access to our Sites and/or services by us; are not acting on behalf of a person whose access to our Sites and/or services has been previously terminated or otherwise denied by us;
- Will not impersonate another user of the Sites and/or services
(5) YOUR ACCOUNT
You will need to register by creating an account with Wallet (either by registering directly with us or by allowing a Wallet application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain services, including offers, or deals, and to utilize the Walletpunch card feature.
If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”).
Access to the Wallet Site and services is not authorized by any other person or entity using your User ID with or without your consent and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the services has previously been terminated by Wallet may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
Wallet relies on User IDs to know whether users accessing the Site and using our services are authorized to do so. If someone accesses our Site or services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the services by persons using your User ID. It is important to not share this ID or password with anyone.
If you believe your User ID is compromised in any way, or if you become aware that your User ID is being used without authorization, please notify us immediately.
(6) OFFERS: WALLET PROVIDES CONSUMERS WITH DEALS AND DIGITAL PUNCH CARDS
A Non-Voucher Offer: Deal and Punch card.
Walletusesnew technology that allows a Merchant to create and distribute to Wallet consumers a non-voucher type offer via the web or the mobile phone. This type of offer, typically of limited duration or only available after previous purchases filled punch card, is created on the Wallet Merchant Portal, and then distributed as a notice of a “opportunity” to obtain certain goods or services at a discount. I.E. Joe’s Bar will make available its $6 Beer for $1 on a Wallet consumers birthday, or after purchasing 4 beers during previous visits a free fifth beer will become available via punch card.
The Consumer is not buying a voucher.
The Consumer is receiving notice of an offer to acquire certain goods or servicessometimes with restrictions from a merchant (the “Sponsoring Merchant”). In order to redeem and claim the offer made via the Wallet technology, it will generally be necessary for the Consumer to show the Sponsoring Merchant the offer on their mobile device, or consumer may need to scan a QR code or other form of identification when they enter the immediate proximity of the Merchant Location.
The Wallet Consumer is not making a purchase of any type in response to the receipt of a Wallet notice from a local Merchant on the Wallet application. The transaction that occurs, if it occurs, is transacted directly with the Sponsoring Merchant and TLC is not responsible for any aspects of the transaction. Specifically, and without limitation, TLC waives any and all warranties, express or implied, with respect to any rewards offered by Sponsoring Merchants. Each Sponsoring Merchant is responsible for all rewards offered by it and any disputes or damages arising out of any rewards offered by Sponsoring Merchants are the sole responsibility of such Sponsoring Merchant.Wallet charges the Merchant a subscription for the use of the service.
(7) OTHER SERVICES
From time to time we may offer some other products and services to our Wallet consumers. We will set forth any terms specific to those products or services at the point of purchase or subscription in the absence of any specific provision to the contrary, these Terms and Conditions apply to our Sponsoring Merchants.
(8) OWNERSHIP OF THE SITES AND SERVICES
The Sites and/or services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or services (collectively, the "Content") are owned, controlled or licensed by TLC Employer services, its subsidiaries or affiliates.
The entire contents of the Sites and/or services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, TLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the services.
Trademarks and service marks, including, without limitation, “Wallet,” which appear on the Sites and/or in the services are the service and trademarks of TLC Employer services or affiliated entities. Without TLC’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent.
Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to TLC or its respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of TLC. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or services.
(10) YOUR ACCESS TO THE SITES AND SERVICES
Subject to your compliance with this Agreement, we grant you a limited license to access and make personal use of the Sites and/or services. You are expressly prohibited from:
- Any resale or commercial use of the Sites, the services, the Contents and/or any of the other contents or materials found thereon or therein;
- Any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Wallet or the Merchants featured hereunder or any commercial purpose, including marketing;
- Any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
- Deep-linking to any portion of the Site;
- Framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
- Using the Sites and/or the services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Attempting to gain access to secured portions of the Sites and/or services to which you do not possess access rights;
- Using the Site and/or services to generate unsolicited email advertisements or spam; or
- Using any automatic or manual process to search or harvest information from the Sites and/or services, or interfering in any way with the proper functioning of the Site and/or services.
Any unauthorized use of the Sites, services, Content and/or any other contents or materials found therein shall immediately terminate the permission or license granted by us in this Agreement.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Wallet so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter.
You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
For any questions regarding when/where/how to advertise your involvement in Wallet please contact us.
(11) THIRD-PARTY LINKS AND CONTENTS
Our Sites and/or services, or communications you receive from our Sites and/or services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave our Sites and/or services.
We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that Wallet is in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
(12) REGARDING ANY INFORMATION AND CONTENT SUBMITTED BY YOU
The Sites and services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”).
You agree not to post any User Content on any of the Sites and/or services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.
You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content.
Wallet reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or services are those of the respective author(s) or distributor(s) and not of Wallet.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Wallet a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.
You are the owner of all rights, including all copyrights in and to all content you submit to the Sites. You grant Wallet and our sub-licensees the right to use the name and User Content that you submit to the Sites at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Wallet for all claims resulting from User Content you supply.
Wallet takes no responsibility and assumes no liability for any User Content posted by you or any third party.
(13) PRODUCT SUBMISSIONS
Wallet does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Wallet (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Wallet through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to Wallet the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
(14) TERMINATION OF YOUR AGREEMENT WITH WALLET
If you want to terminate your legal Agreement with Wallet, you may do so by:
(A) Notifying Wallet at firstname.lastname@example.org or (B) Closing your Accounts for all of the Wallet services that you use.
Wallet may, at any time, terminate this Agreement with you if:
(i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Wallet is required by law to do so; (iii) the partner with whom Wallet has offered the services to you has terminated its relationship with Wallet or ceased to offer the services to you; (iv) Wallet no longer provides services in the country in which you reside; or (v) Wallet determines that the provision of services to you is no longer commercially viable.
Notwithstanding anything contrary in these Terms, Wallet reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Wallet may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Wallet, in its absolute and sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement.
In the event of termination, you agree to immediately cease access to our Sites and services. In the event you access the Sites after termination, you agree to be bound by the terms of this Agreement and our Privacy Policies.
(15) EXCLUSION OF WARRANTIES
WE PROVIDE THE SITES AND ALL SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED.
We make no express or implied representations, warranties or guarantees of any kind about the Sites, services, or any third-party products or services made available to you by or through us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WALLET ’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WALLET AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM WALLET WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A WALLET REPRESENTATIVE SHALL CREATE A WARRANTY.
(16) LIMITATIONS OF LIABILITY
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WALLET, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES OR OTHER COMPENSATION THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE WALLET FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
(17) ARBITRATION OF DISPUTES GOVERNED BY ARBITRATION
This Agreement and any arbitration shall be governed by the Federal Arbitration Act.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights.
We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this Agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Larimer County, Colorado.
(18) INDEMNITY, RESERVATION OF RIGHT, RELEASE
You agree to defend, indemnify and hold harmless Wallet and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Sites or Wallet; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or services.
Wallet reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants.
You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), 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."
(19) APPLICABLE LAW
By using our services, you agree to these Terms and you further agree that any claim or dispute between you and Wallet that arises out of this Agreement shall be governed by the laws of Colorado, without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
(20) COPYRIGHT NOTICE-DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property of others, and we ask you to do the same.If you are a copyright owner or an owner's agent and find any content on the Sites and/or services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for Wallet’s Copyright Agent for notice of claims of copyright infringement is as follows: email@example.com.