LoyaltysLast Updated:  October 31,2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY LOYALTYS SERVICES (AS DEFINED BELOW).

BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OR RELATED TO THESE TERMS AND CONDITIONS OF USE THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

‍Introduction

‍At LOYALTYS, we value our relationship with you. We have created this website to serve you better, to offer you a way to improve accuracy of your delivered order, and to allow you a convenient way to create your order exactly the way you want it. References to “LOYALTYS,” “we”, “our”, or “us” in this document mean.

These Terms and Conditions of Use are applicable to your access and utilization of any LOYALTYS website, mobile application, online service, or program where these terms are published, linked, or referenced ("LOYALTYS"). They govern your usage of LOYALTYS, encompassing the offers, content, information, services, and features provided through them. If you do not consent to these Terms and Conditions of Use, you should not use LOYALTYS. When you use LOYALTYS, you agree to be bound by the then-current Terms and Conditions of Use.

‍If you find LOYALTYS unsatisfactory in any manner, your only and exclusive recourse is to cease accessing and utilizing LOYALTYS. Please note that your use of LOYALTYS is undertaken at your own risk.Updates to the Terms and Conditions of Use

‍Each time you use LOYALTYS, you should visit and review the Terms and Conditions of Use. We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. At such time, we will also revise the “last updated” date above. Any changes will become effective upon posting to LOYALTYS.Your continued use of or access to LOYALTYS and its programs and offers after such changes have been made indicates your acceptance of the modified Terms and Conditions of Use. Every time you access LOYALTYS, it is your responsibility to review the Terms and Conditions of Use for updates.

Use of LOYALTYS

‍By using LOYALTYS and thereby accepting these Terms and Conditions of Use, you agree to abide by all additional terms, conditions, and restrictions included within LOYALTYS , LOYALTYS  (as defined below), and/or the programs, features, and services.LOYALTYS and all content, information, and other materials featured, displayed, contained and available, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “aesthetic” of the site, pages, screens, content arrangement, and computer programs (referred to collectively as “LOYALTYS ”) are owned by or licensed to LOYALTYS.  LOYALTYS  is protected by copyright, trademark, patent, and/or other intellectual property rights, in addition to being protected by federal and state unfair competition laws.You may view, display, copy, download, or print LOYALTYS  solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on LOYALTYS  must be retained on all copies made. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivate works from, sell, or exploit, in whole or in part,  LOYALTYS.

‍We do not grant any express or limited right to you under any patents, trademarks, copyrights, or trade secret information except as expressly provided herein. Except as otherwise noted, all content of LOYALTYS is:

LOYALTYS has a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material from LOYALTYS , please contact us at

‍Additionally, we reserve the right to update products, images, available features, services, or specifications from time to time.LOYALTYS may at any time, for any reason, and without notice or liability:

Alter, suspend, or terminate operation of or access to any of  LOYALTYS , or any portion thereof;
Modify, change, or revise LOYALTYS , LOYALTYS , or any portion thereof;
Disturb, as needed, the operation of LOYALTYS , or any portion thereof, to perform maintenance, error correction, or for any other purposes.
Limit certain programs, features, and services, or restrict your access to LOYALTYS , in whole or in part; and/or
Terminate the authorization, rights, and license given above, upon which you will be required to immediately destroy all LOYALTYS  you have in your physical and electronic possession.

User Conduct

‍You agree to use LOYALTYS , LOYALTYS , the programs, features, and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful towards employees, contractors, and agents of LOYALTYS and other users of LOYALTYS .

By using LOYALTYS , you agree that you will not:
- access or use LOYALTYS  in any manner that could damage, disable, impair, or cause undue burden on LOYALTYS  and/or its hosts, servers, network, systems, or other users.
- attempt to interfere in any way with the operation of LOYALTYS.
- transmit any virus or worm to LOYALTYS .
- use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access LOYALTYS  and/or its servers or systems to extract download, monitor, gather, transmit or copy any of the data or material on LOYALTYS  (including, without limitation, account information, product listings, images, descriptions, or prices), or for any other unauthorized purpose.
- engage in flooding, spamming, mail-bombing, crashing, or otherwise sending unsolicited emails to other users of LOYALTYS .
- Attempt to access data that is not intended for your use.
- Attempt to log on to a server or account that you are not authorized to access.
- Probe, scan, or test the vulnerability of any system or network related in any way to LOYALTYS  without authorization.

‍We reserve the right to restrict, suspend, or terminate, without notice, your access to LOYALTYS  or any feature of LOYALTYS  or any part thereof at any time.

‍LOYALTYS further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, including those placed through LOYALTYS , if LOYALTYS believes that you have violated or acted inconsistently with these Terms and Conditions of Use, or violated applicable law,  or that you acted in a manner harmful to our interests, or that you may be likely to do so based upon prior communications, conducts, interactions, or similar factors.LOYALTYS shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms of Conditions of Use. Any determinations made by LOYALTYS regarding the termination or disabling of LOYALTYS  or the refusal to fulfill any orders, including those placed through LOYALTYS , shall be deemed as final and binding.
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Submissions by You on LOYALTYS  and Used in Social Media.

‍We appreciate hearing from you on LOYALTYS  and via third parties such as Instagram, Facebook, Twitter, Pinterest, etc. where LOYALTYS has established a social media page dedicated to one or more of its brands.Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit through LOYALTYS , phone, or otherwise (collectively, “Submissions”) will be considered non-confidential and non-proprietary.You agree that any statement that you make about us or any of our products, services, or programs in any Submission accurately reflects your personal beliefs and experiences with us and our products and services, and that any opinions are true to the best of your knowledge.By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness, and other information, content, or materials embodied in your Submission. These may be used in whole or in part, to create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user of LOYALTYS  to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.We may, but shall not be obligated to, in our sole discretion, post any Submission on LOYALTYS  and identify you as the submitting party. We may, without notice to you, refuse, or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content, text, photos, images, quotes, logos, or other material that is the property of another, protected by copyright, trademark, or other intellectual property rights, unless you have express, written permission to do so.You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through LOYALTYS  any of the following:Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent, or otherwise objectionable;Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;Unsolicited promotions, political campaigning, advertising, contents, raffles, or solicitations;Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;Content or links to content that, in LOYALTYS sole judgment is objectionable, restricts or inhibits others from using LOYALTYS , or which may expose LOYALTYS or its users to any harm or liability of any type;Content that appears to violate a third-party website’s Terms of Use or any other policies or terms that govern use of the site or any applicable laws; Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks, or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.

‍Promotional Programs          
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a. LOYALTYS  Program
‍After enrolling in LOYALTYS  program, you will earn Game Prizes for  completed at participating locations and may redeem previously awarded Game Prizes when placing orders. Earned Game prizes will be deposited into accounts within 4 hours after the completion of the purchase. Game prizes can be earned twice per 30 day period and a LOYALTYS account is eligible to receive Game prizes from different businesses within that 30 day period. Game Prizes cannot be applied to purchases made prior to enrolling in the program. Unused, “banked” Game Prizes obtained will expire one (1) year after they were deposited into your LOYALTYS account.LOYALTYS reserves the right to ban from earning or redeeming any customer with repeated suspicious activity such as attempting to scan used or unused barcodes for  that were not placed by that customer. LOYALTYS reserves the right to change the terms of this program or cancel the program at any time without notice. LOYALTYS is not responsible for, or liable to, any LOYALTYS  member, person, or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting LOYALTYS to a member’s account.  have no cash value and may not be transferred. By enrolling in LOYALTYS, you agree to allow email communications,  mobile messaging. For more information on the program, send an email to @match3win.com
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‍User Conduct.

‍By joining LOYALTYS  program, you agree to remain courteous and respectful toward employees, contractors, and agents of LOYALTYS. You agree not to harass, abuse, stalk, intimidate, threaten, or engage in any conduct that harms, harasses, or offends any employees, contractors, or agents of LOYALTYS, or partners engaged in the provision of services, including the delivery of any orders, or any other Members or third parties.          

b. Other Programs

‍Occasionally, we may run other programs, offers, sweepstakes, contests, raffles, surveys, or other similar promotions (collectively “Promotions”) through LOYALTYS , including LOYALTYS Mobile . These Promotions may also be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional terms as specified either in these Terms and Conditions of Use, or the Terms and Conditions specific to the applicable Promotion.LOYALTYS urges you to read the applicable Promotions terms, which are either included herein or are included in the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

‍If you find a Promotion or its Terms and Conditions of Use unsatisfactory in any manner, your only and exclusive recourse is to cease accessing and utilizing the Promotion. Please note that your participation in a LOYALTYS Promotion is undertaken at your own risk.

‍You may receive digital offers through  LOYALTYS  from time to time. The following general terms apply to these offers, alongside any other terms which appear in the particular Promotion:Redemption period for each offer begins and ends as indicated in the Promotion.Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.Offers may only be redeemed at participating LOYALTYS business affiliates and, therefore, offers may not be accepted at some LOYALTYS businesses that currently not part of our program.Offers are not transferable.Offers are void where restricted, prohibited, or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.

‍Data/Message/Call ChargesData usage or other like fees owed to your mobile carrier may apply when using LOYALTYS  or participating in LOYALTYS Promotions.

‍The use of LOYALTYS , or participation in LOYALTYS Promotions, may require sending or receiving calls, e-mails, or text messages, message and data rates might apply if you are using a mobile device to participate. Similarly, to the extent a LOYALTYS Mobile Application requires, or permits utilization of, wireless or cellular data access, you shall be independently responsible for securing the necessary data access service. The provider of such access to your mobile device may charge you data access fees in connection with the use of LOYALTYS Mobile Application and you are solely responsible for all such charges.

‍LOYALTYS Mobile Application

‍In order to use LOYALTYS  made available through LOYALTYS  (“the App”) you must have a compatible mobile device. LOYALTYS does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.The App will automatically download and install updates from time to time or require downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

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Ownership of Intellectual Property

‍“LOYALTYS” and other trademarks, service marks, and trade dress appearing on LOYALTYS  are the trademarks or service marks of LOYALTYS. or its third-party licensors in the United States. The absence of a trademark notice or legend indicating the registration or ownership by LOYALTYS. or such third-party licensor anywhere in the text of LOYALTYS  does not constitute a waiver of that entity’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in LOYALTYS .LOYALTYS , LOYALTYS , and the trademarks, logos, service marks, and all other source identifying indicia displayed on LOYALTYS  (collectively, the “LOYALTYS Intellectual Property”) are owned by or licensed to LOYALTYS. or others with all rights reserved unless otherwise noted. We do not permit third parties to use LOYALTYS Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contest or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.Nothing contained on LOYALTYS  should be construed as granting, by implication, estoppel, or otherwise, any license or right to use LOYALTYS Intellectual Property without our prior express written permission. You are strictly prohibited from using any LOYALTYS Intellectual Property except as expressly provided in these Terms and Conditions of Use, or as advertised in any LOYALTYS Promotion.

‍You are also advised that LOYALTYS. and/or its licensee(s) will aggressively enforce their intellectual property right to the fullest extent of the law, including seeking criminal prosecution.

‍Please make all requests to use LOYALTYS Intellectual Property by email to @match3win.com. We will evaluate your request and respond as soon as possible. However, you should assume that you are prohibited from using LOYALTYS Intellectual Property until you receive explicit written permission from Deli Management.

‍No Warranties

‍LOYALTYS makes no representations or warranties regarding LOYALTYS  and LOYALTYS . LOYALTYS  may contain technical inaccuracies, typographical errors, and out-of-date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we make no warranty that LOYALTYS  will meet your requirements. We reserve the right to make changes to LOYALTYS  at any time.WE DO NOT WARRANT THAT LOYALTYS  OR LOYALTYS  WILL BE FREE FROM ERROR, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF LOYALTYS  OR LOYALTYS , PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH LOYALTYS , OR THE RESULTS OBTAINED THEREFROM. THIS INCLUDES, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.LOYALTYS  AND LOYALTYS , PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH LOYALTYS  ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND.

‍TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

‍WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSOR, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF LOYALTYS  AND LOYALTYS , PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH LOYALTYS .

‍Limitations of Liability

‍TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. YOU SHALL NOT SEEK AND HEREBY WAIVE RECOVERY OF ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES. YOU AGREE LOYALTYS IS NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO LOYALTYS.IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE LOYALTYS  AND LOYALTYS , PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH LOYALTYS , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification

You agree to indemnify, defend and hold harmless LOYALTYS, its officers, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with LOYALTYS , and LOYALTYS , programs, offers, features, Promotions, and services made available through LOYALTYS .  Because some states prohibit or limit certain indemnification obligations, this indemnity clause shall only apply to the fullest extent permitted by such state law.

‍Intellectual Property Limitation of Liability

‍The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that LOYALTYS  available on LOYALTYS  infringe your copyright, you (or your agent) should send us a notice requesting that we remove LOYALTYS  or block access to it. If you believe in good faith that someone has wrongly submitted notice to use under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposes by the DMCA. See https://www.copyright.gov/ for details.If you believe that your work has been improperly copied and posted on LOYALTYS , then please provide use with the following information:Name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf;A description of the copyrighted work that you claim has been infringed;The applicable LOYALTYS Online Service and a description of where LOYALTYS  that you claim is infringing is located within such LOYALTYS Online Service;A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; andA statement by you, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

‍These requirements must be followed to give us legally sufficient notice of infringement.

‍The designated agent of LOYALTYS for notification of claims of copyright infringement on LOYALTYS  can be reached as follows:
office@Loyaltys.co

‍Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of LOYALTYS.We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

‍Third-Party Sites and Social Media Pages

‍LOYALTYS  may contain links to other third-party websites, including the websites of Franchisees, and social media platforms, such as Facebook, Twitter, Instagram, etc. (all links to third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. LOYALTYS. and its Affiliates have no responsibility or liability for any Linked Sites, or the content policies, or actions thereof. If you choose to purchase any product or service from Linked Sites (including without limitation, from Franchisees’ Linked Sites), your relationship is with that third party and does not include LOYALTYS. You agree that we are not responsible for the quality of third-party products or services or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with, or associated with, or are legal authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

‍Privacy

‍LOYALTYS’s Privacy Policy applies to use of LOYALTYS ,, programs, offers, and promotions. The Privacy Policy and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using LOYALTYS  you agree to our handling of your personal information as described in our Privacy Policy

‍Applicable Laws and Forum Selection ClauseThese Terms and Conditions of Use shall be governed by the laws of the State of Texas, U.S.A., without regard to conflict of law provisions or principles. LOYALTYS  shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using LOYALTYS , you consent to the jurisdiction of the courts presiding in the state of Texas and you agree to accept service of process by mail.  Any action based on a breach of any provision of these Terms and Conditions of Use shall be brought exclusively in the federal or local courts presiding in Harris County, Texas. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Software

‍You acknowledge that these Terms and Conditions of Use govern your use of any software provided by LOYALTYS and/or made available through LOYALTYS , whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that:Your use of the software provided shall be only for personal and/or noncommercial purposes;You shall not attempt to alter or modify the software;You shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the software;You shall not attempt to circumvent or disable the software or its intended purpose; andYou shall not copy, sublicense, assign, transfer, distribute, transmit, or otherwise use the software without the prior written consent of LOYALTYS.

‍Updates to Mobile Devices

‍Please note that updates to your existing mobile device operating systems or firmware may render your version of LOYALTYS Mobile Application incompatible. LOYALTYS does not warrant that the Mobile Application will be backward or forward compatible with any updates to, or prior versions of, the mobile devices. LOYALTYS may, but is not obligated to, provide you with updates to LOYALTYS Mobile Application that improve compatibility with updated mobile devices.

‍International Users and Compliance with Laws

‍LOYALTYS  are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that LOYALTYS  made available on LOYALTYS  are appropriate or available for use at other locations outside of the United States. Access to LOYALTYS  from territories where their contents are illegal is prohibited. You may not use LOYALTYS  or export LOYALTYS  in violation of U.S. export laws and regulations. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access LOYALTYS  from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the State of Texas, U.S.A., without regard to conflict of law’s provisions or principles

‍Dispute Resolution, Binding Arbitration, and Class Action WaiverPLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LOYALTYS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 22 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.          

a. INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION.  YOU AND WE EACH AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT.  If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply.  If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect.  Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms and Conditions of Use, the Terms and Conditions of Use will govern.  

The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply, and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute to Offices of LOYALTYS, 9219 Katy Freeway Ste. 195, Houston, TX 77024  (“Notice of Dispute”). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including:your name; the email address and telephone number associated with your LOYALTYS account, if applicable; a written description of the problem, relevant documents, and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.
You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. You and we each further agree that neither of us may commence any arbitration or small claims proceeding unless you and we are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.

‍If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings.

To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: LOYALTYS, Inc. Attn: Tom Griffin, 9219 Katy Freeway Ste 167, Houston, TX 77024 and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: the AAA will send the parties a list of five candidates; if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside.  If you are a business or legal entity other than an individual, then the arbitration will be held in Harris County, Texas.Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence, subject to the restriction set forth in the following paragraph. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that:
(1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms and Conditions of Use.          

b. Class Action WaiverWAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”).  YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION).

To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.

‍Miscellaneous

‍Notwithstanding any other provision contained in these Terms & Conditions of Use, in the event that the performance of any obligation of LOYALTYS is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, pandemics or any other cause beyond the reasonable control of LOYALTYS, then LOYALTYS shall not be responsible to you for any failure or delay in the performance of its obligations.In the event that any portion of these Terms & Conditions of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

Any failure by LOYALTYS to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right.These Terms and Conditions of Use constitute the entire understanding between LOYALTYS and you with respect to LOYALTYS .  We reserve the right to make changes to these Terms and Conditions of Use and other policies on LOYALTYS  at any time.BY USING LOYALTYS , YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF LOYALTYS , YOU WARRANT THAT YOU WILL NOT USE LOYALTYS  FOR ANY PURPOSE THAT IS UNLAWFUL.