Terms of Use

Relevant Terms of Use

These Terms of Use are effective on June 30, 2016.

Welcome to the website for Roy’s Rewards Web Loyalty Program.  Roy’s Rewards Web Loyalty is designed and owned by DailyGobble, Inc. (dba Relevant), a Delaware Corporation (“Relevant”) and is operated by Relevant for Roy Rogers Franchise Company, LLC (sometimes referred to as "Roy Rogers" or the “Merchant”). Roy’s Rewards Web Loyalty Program collects information and sends it to Relevant via NCR, where it is processed, stored, and subsequently provided to Roy Rogers. Although Relevant is the primary recipient of the information that Roy’s Rewards Web Loyalty Program collects, all of that information is the property of Roy Rogers. Both Relevant and Roy Rogers use the information to provide you products and services.

These Terms of Use (“Terms”) govern your access to and use of: (i) the Roy’s Rewards Web Loyalty Program; (ii) any content or other materials (including, without limitation, text, data, graphics, information, designs, drawings, logos, displays, artwork, images, photographs, sound, musical works, audio or video clips and works of authorship) uploaded, downloaded or appearing on or through Roy’s Rewards Web Loyalty Program (collectively, “Content”); and (iii) any services or other resources Relevant may provide on or through the Roy’s Rewards Web Loyalty Program. Roy’s Rewards Web Loyalty Program, the Content, and other services and resources provided through the Roy Rogers Web Loyalty Program are referred to in these Terms, collectively, as the “web loyalty program”. Relevant is sometimes referred to in these Terms as “Relevant”, “Company”, “we”, “our” and “us”.

PLEASE READ THESE TERMS CAREFULLY

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEB LOYALTY PROGRAM. YOUR ACCESS TO AND USE OF THE WEB LOYALTY PROGRAM IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE WEB LOYALTY PROGRAM YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (FOUND AT relevantmobile.com/roy-rogers-privacy-policy.html) AND THE ROY ROGERS PRIVACY POLICY (FOUND AT royrogersrestaurants.com/privacy-policy), EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, RELEVANT DOES NOT GRANT YOU THE RIGHT TO, AND YOU MUST NOT, ACCESS OR USE THE WEB LOYALTY PROGRAM.

The web loyalty program is offered and available to users who reside in the United States or any of its territories or possessions. By using the web loyalty program, you represent and warrant that you are of legal age to form a binding contract with Relevant and that you reside in the United States or any of its territories or possessions.

Changes to Terms

We may revise, update or change these Terms from time to time in our sole discretion.  The most current version will always be at relevantmobile.com/roy-rogers-web-terms-of-use.html. If we make material changes to the Terms, we will make reasonable attempts to try to notify you before the changes are implemented, for example on the Relevant website or via email. All such changes are effective immediately upon the expiration of the notice period specified by Relevant, and your continued use of the web loyalty program following the expiration of such notice period means that you accept and agree to the changes. If you object to any such changes, your sole recourse is to cease using the web loyalty program.         

Account Information

In order to access the web loyalty program, you will need to register and provide certain personal information (see Section titled “Personal Information”, below). You agree that all information you provide to register with the web loyalty program and to create your account shall be true, accurate, current and complete, and you agree to update your information as necessary to ensure that it remains true, accurate, current and complete. Your login ID email address (or other unique identifier needed to create an account using the web loyalty program for the Merchant, such as name or phone number) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You further agree to notify us immediately of any unauthorized access to or use of your Account Information or any other security breach, at the email address support@relevantmobile.com. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, if, in our opinion, you have violated any provision of these Terms.

If Relevant or Roy Rogers wishes to provide notifications to you, Relevant or Roy Rogers may do so by email at the email address you provided to Relevant when you created your account. It is your responsibility to update or change that email address, as appropriate. Notices will be provided in the text of the email or through a link to the appropriate page on our site, which should be accessible through using most commercially available Internet browsers.  

You hereby authorize and permit Relevant and Roy Rogers to use and store information submitted by you to the web loyalty program (such as account passwords and user names) to maintain your account and to configure the web loyalty program so that it is compatible with your Merchant’s needs for which you submit your information. Relevant cannot always foresee technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Neither Relevant nor Roy Rogers assumes any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Personal Information

We may collect personal information as a result of your use of the web loyalty program, including personal information that is automatically collected, and personal information (such as Account Information, receipt or other photo images or responses to survey questions) that you submit voluntarily through your use of and/or interaction with the web loyalty program. Relevant’s policies with respect to the collection and use of personal information are set forth in Relevant’s Privacy Policy (relevantmobile.com/roy-rogers-privacy-policy.html) and the privacy policies of Roy Rogers are set forth in its Privacy Policy royrogersrestaurants.com/privacy-policy. These policies explain how Relevant and Roy Rogers treat your personal information when you access and use the web loyalty program. Those policies may be updated from time to time at the discretion of Relevant or Roy Rogers, as applicable.

Advertisements and Promotions

The web loyalty program may display and include advertisements, promotions and offers by Relevant, your Merchant and/or their third party providers and partners, which may be targeted to Content on the web loyalty program, queries made through the web loyalty program, or other information about you and other users. The nature and extent of such advertising, promotions and offers are subject to change without notice to you.

Proprietary Rights

All right, title and interest in and to the web loyalty program and all Content (excluding your User Submissions (as defined below)), and the design, selection, arrangement, compilation, assembly and look and feel thereof, and any and all patent, copyright, trademark, trade secret and other intellectual property rights arising out of or relating to the web loyalty program, are and shall remain the exclusive property of Relevant, Roy Rogers, and their respective third party providers, contributors and licensors. The web loyalty program is licensed, not sold, to you, and you acquire no ownership interest in the web loyalty program, or any rights thereto other than the right to use the same in accordance with the license granted herein, and subject to all of the terms, conditions and restrictions of these Terms. The various corporate names, logos, product and service names, domain names, designs and slogans (collectively, “Marks”) displayed on or through the web loyalty program are the trade names, trademarks and service marks of Relevant, the Merchant or other third parties. Nothing in the Terms should be construed as giving you a right, express or implied, to use such Marks without the prior written consent, as applicable, of Relevant, the Merchant or other trademark owner.

License

Subject to these Terms, Relevant grants you a non-exclusive, non-transferable, royalty-free, limited license to access and use the web loyalty program for your own personal, non-commercial purposes only. This license includes the right to download and install the web loyalty program that is provided to you by Relevant on any Google Android mobile device platform that you own or control. Your license to the web loyalty program is for the sole purpose of enabling you to use and enjoy the benefit of the web loyalty program as provided by Relevant, in the manner permitted by these Terms. All rights not expressly granted to you herein are reserved by Relevant and Roy Rogers, as their interests may appear.

The license granted herein is expressly made subject to the following limitations and restrictions: The license does not give you the right to: (a) copy, reproduce, modify, alter, distribute, sublicense, publicly display, publicly perform, republish, lease, sell, transfer or create derivative works of the web loyalty program; (b) disassemble, decompile or otherwise reverse engineer the web loyalty program website or otherwise attempt to deconstruct or discover any source code or underlying ideas or algorithms of the web loyalty program; or (d) remove, alter or otherwise obscure any copyright, trademark or other proprietary or restrictive notice or legend on or within the web loyalty program.

The terms of this license will govern any upgrades or updates to the web loyalty program we may provide that replace and/or supplement the original web loyalty program, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.

You agree that we may collect and use technical data and related information – including, but not limited to technical information about your device, system, software, and peripherals – that is gathered periodically to facilitate the provision of services to you related to the web loyalty program and also in accordance with the privacy policies of Relevant and Roy Rogers.  

You agree that you will not use the web loyalty program for any purpose, or in any manner, other than as expressly authorized herein.

The license granted herein shall continue for so long as your right to use the web loyalty program is in effect and has not been terminated (see Section titled “Termination”, below).

User Submissions

As part of the web loyalty program, Users are allowed to create, post, submit or otherwise provide (collectively, “Post”) Content on various locations through the web loyalty program (such Content Posted by Users, “User Submissions”). These locations may be hosted within the web loyalty program by Relevant or a third party service provider acting under instruction from Relevant. All User Submissions you Post to the web loyalty program will be considered non-confidential and non-proprietary. By Posting a User Submission on or through the web loyalty program, you hereby grant Relevant, the Merchant, and their respective affiliates, a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable license, with the right to sublicense, to use, reproduce, modify, distribute, publish, translate, perform, display, prepare derivative works of and otherwise exploit all or any portion of such User Submissions in connection with the web loyalty program and Relevant’s and the Merchant’s respective business, including, without limitation, for promoting and redistributing all or part of the web loyalty program (and derivative works thereof) in any format, medium or technology now known or later developed, and through any channel, without notification, attribution, or any compensation or obligation to you. You understand and acknowledge that you are fully responsible for all your User Submissions, including the legality, reliability, accuracy and appropriateness thereof. You further represent and warrant that you own or control all rights in and to such User Submissions; that you have all rights necessary to grant the above licenses; and that such User Submissions do not infringe or violate the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret, confidentiality or other intellectual property or proprietary rights, or rights of privacy or publicity. Both Relevant and the Merchant may modify or adapt your User Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Submissions as are necessary to conform and adapt your User Submissions to any requirements or limitations of any networks, devices, services or media.

You may not post on or through the web loyalty program any User Submission that: (a) violates any law, rule or regulation; (b) infringes or violates the legal rights of any other person or entity, including the patent, copyright, trademark, trade secret, confidentiality or other intellectual property rights, or right of privacy or publicity, of such person or entity; (c) is defamatory, libelous, false, fraudulent, threatening, abusive, obscene, pornographic, harassing or otherwise objectionable, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (d) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation; (e) discloses or provides information protected under any law, agreement or fiduciary relationship, including, but not limited to, proprietary or confidential information of others; (f) contains any software virus or any other code, file, program or disabling device designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) contains any advertising, promotion, solicitation or other commercial material; or (h) otherwise constitutes a Prohibited Use as described in the section titled “Prohibited Uses”, below.

To the extent you provide Relevant or Roy Rogers with ideas, suggestions, improvements or other feedback with respect to the web loyalty program, either of Relevant or Roy Rogers shall be free to use such ideas, suggestions, improvements or other feedback in any manner and for any purpose (including, without limitation, incorporation in Relevant’s or Roy Rogers’s respective products, services and advertising and marketing materials) without compensation to you or restriction of any kind.

 Third Party Content

Third Party Content” means User Submissions posted on or through the web loyalty program by third parties or other users of the web loyalty program. All Third Party Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who posted such Content. Neither Relevant nor Roy Rogers is responsible for examining, evaluating or monitoring such Content. Neither Relevant nor Roy Rogers controls, endorses or supports any Third Party Content or communications posted on or through the web loyalty program, or any opinions that may be expressed therein, and makes no representation or warranty whatsoever as to the accuracy, reliability, veracity or completeness of any such Content or communications. Any use or reliance upon Third Party Content posted on or through the web loyalty program is entirely at your own risk, and neither Relevant nor Roy Rogers assumes any responsibility or liability for such Third Party Content or your reliance thereon.

Reservation of Right to Monitor

Both Relevant and Roy Rogers reserve the right, but has no obligation, to pre-screen, monitor and review any Content submitted by you or otherwise available on the web loyalty program. We and Roy Rogers reserve the right at all times to edit, refuse to post or to remove any User Submissions, in whole or in part, that in either of our sole discretion are objectionable, violate these Terms, infringe or violate the intellectual property or other rights of any person or entity, threaten the personal safety of users of the web loyalty program or the public or could create liability for the Company or Roy Rogers.

Prohibited Uses

You may use the web loyalty program only for lawful purposes and in accordance with these Terms. You agree that you shall not: (a) use the web loyalty program in any way that violates any applicable law, rule or regulation; (b) use the web loyalty program to generate unsolicited email advertisements or spam; (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) use the web loyalty program in any manner that could disable, overburden, damage, or impair the web loyalty program or interfere with any other party's use of the web loyalty program; (e) use any robot, spider or other automatic device, process or means to access the web loyalty program for any purpose, including navigating or searching the web loyalty program, or monitoring or copying any of the Content on the web loyalty program; (f) use any manual process to monitor or copy any of the Content on the web loyalty program or for any other unauthorized purpose without our prior written consent; (g) use any device, software or routine that interferes with the proper working of the web loyalty program; (h) upload or transmit any form of virus, worm, Trojan horse or other malicious or technologically harmful code; (i) use any meta tags or other “hidden text” utilizing Relevant’s or Roy Rogers’s name or trademarks without the express written consent of Relevant or Roy Rogers, as applicable; (j) “mirror” or “frame” any portions of the web loyalty program in any other environment without the prior written consent of Relevant; (k) commercially exploit the web loyalty program or any Content on the web loyalty program other than Content provided by you; (l) attempt to gain unauthorized access to any portion of the web loyalty program or any other accounts, computer systems, or networks connected to the web loyalty program; (m) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web loyalty program; or (n) post private or confidential information via the web loyalty program, such as credit card numbers, social security numbers, driver’s or other license numbers, or any other information that is not publicly accessible. 

Mobile Payment, Online Ordering and Gift Card Services

In the case of participating Merchants, Relevant provides the necessary interfaces to enable users to access, through the Application, mobile payment, online ordering and gift card services.  The software and functionality underlying these services are provided by third parties.  RELEVANT PROVIDES INTERFACES TO THESE SERVICES AS A CONVENIENCE TO ITS USERS, BUT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THESE SERVICES OR FOR ERRORS, MALFUNCTIONS OR FAILURES THAT MAY OCCUR IN CONNECTION WITH THE USE OF THESE SERVICES.  

If you are enrolled in the rewards program of a participating Merchant, and choose to access one or more of these services, you will need to provide account information for at least one valid debit or credit card by registering your debit or credit card through the Application.  You may add to, delete from and/or edit, from time to time, the debit or credit card information you have provided directly through the Application.  Subject to our privacy policy, you understand and agree that we use various third party vendors and service providers to manage and store credit card account information and process payments.  WHILE RELEVANT PROVIDES INTERFACES TO FACILITATE YOUR ACCESS TO MOBILE PAYMENT, ONLINE ORDERING AND GIFT CARD SERVICES, RELEVANT IS NOT A PARTY TO, OR RESPONSIBLE OR LIABLE FOR, ANY TRANSACTIONS YOU MAY EFFECTUATE THROUGH THE USE OF A DEBIT OR CREDIT CARD.

Links

The web loyalty program may contain links to third-party websites or resources (“Third Party Websites”) other than those of Relevant or Roy Rogers. These links are provided for your convenience only. Relevant and Roy Rogers neither endorse nor control such Third Party Websites, and you acknowledge and agree that neither we nor Roy Rogers are responsible or liable for the availability of such Third Party Websites; for the information, content, products, or services on or available from such Third Party Websites; or for the results to be obtained from using them. If you choose to access any such Third Party Websites, you do so entirely at your own risk.

Modifications to Web Loyalty Program

The web loyalty program, nature and extent may change from time to time without prior notice to you. In addition, Relevant and Roy Rogers reserve the right to modify, suspend or discontinue providing the web loyalty program (or any features within the web loyalty program) to you or to users generally and may not be able to provide you with prior notice. We also retain the right, at our sole discretion at any time without prior notice to you, to create limits on the use and storage of Content submitted, posted, or displayed by you on the web loyalty program.

Representation and Warranty

You represent and warrant that your use of the web loyalty program will be in strict accordance with these Terms of Use, and with all applicable laws, rules and regulations.

Term and Termination

Your right to use the web loyalty program will remain in effect until terminated as provided herein.

You may terminate your ongoing participation in the web loyalty program at any time by closing your account for the web loyalty program. Please use the directions below to cancel your account:

Send email to support@relevantmobile.com with your request to deactivate your account. Please include: (i) your login ID email address and phone number if applicable; (ii) your name (iii) the best email address where we can reach you. Because email may be forged, you may be asked to log into the service using a special website or email address, and reply with a verification code to verify that you are indeed the account owner.

Your right to use the web loyalty program will terminate automatically in the event of the expiration or termination of the Merchant’s right to use the web loyalty program, or if you fail to comply with any of the provisions of these Terms.

We and Roy Rogers may restrict, suspend or terminate your access to all or part of the web loyalty program if we believe you are in breach of these Terms or applicable law, or for any other reason, without notice or liability.

Relevant and Roy Rogers maintains a policy for the web loyalty program that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights.

Copyright Infringement and DMCA Policy

Relevant and Roy Rogers each respects the intellectual property rights of others, and expects those who use the web loyalty program to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Relevant of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(2), named below:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will respond to notices of claimed copyright infringement in accordance with the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Our designated Copyright Agent to receive DMCA Notices is:

Dazhi Chen

DailyGobble, Inc. (DBA Relevant)

31 East 32nd Street

Suite 502

New York, New York 10016

(347) 855-7179

dc@relevantmobile.com

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEB LOYALTY PROGRAM OR ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB LOYALTY PROGRAM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND RELEVANT AND ROY ROGERS EACH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEB LOYALTY PROGRAM, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  WITHOUT LIMITING THE FOREGOING, NEITHER RELEVANT NOR ROY ROGERS MAKES ANY REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE WEB LOYALTY PROGRAM OR ANY CONTENT THEREON. NEITHER RELEVANT NOR ROY ROGERS WILL BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEB LOYALTY PROGRAM, OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE WEB LOYALTY PROGRAM. NEITHER RELEVANT NOR ROY ROGERS MAKES ANY WARRANTY THAT THE WEB LOYALTY PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE WEB LOYALTY PROGRAM WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RELEVANT OR ROY ROGERS OR THROUGH THE WEB LOYALTY PROGRAM, WILL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELEVANT, ROY ROGERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE WEB LOYALTY PROGRAM, THESE TERMS, OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE WEB LOYALTY PROGRAM OR ANY CONTENT AVAILABLE ON OR THROUGH THE WEB LOYALTY PROGRAM, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR EITHER OF RELEVANT OR ROY ROGERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY), INDEMNIFICATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.  

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL TOTAL LIABILITY OF RELEVANT, ROY ROGERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS  TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEB LOYALTY PROGRAM EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

Indemnification

You agree to defend, indemnify and hold harmless the Relevant, Roy Rogers, and their respective officers, directors, shareholders, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms; your User Submissions; your use of or access to the web loyalty program; or your violation of any law or the rights of any third party. Each of Relevant and Roy Rogers reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Relevant’s or Roy Rogers’s defense of any claim hereunder. You will not in any event settle any related claim without the prior written consent of Relevant or Roy Rogers.

Survival

All provisions of these Terms of Use which, by their nature, should reasonably survive the expiration or termination of your participation in the web loyalty program shall survive such expiration or termination, including, without limitation, the portions of these Terms of Use captioned Proprietary Rights, Reservation or Right to Monitor, Term and Termination, Copyright Infringement and DMCA Policy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and General.

Governing Law

These Terms and all claims or causes of action related to or arising in connection with these Terms and the use of the web loyalty program shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles of conflicts of laws.  All actions arising under or in connection with these Terms and the use of the web loyalty program shall be brought and heard in the state and/or federal courts located in New York County, New York, and you hereby irrevocably submit to the exclusive jurisdiction and venue of such courts.

General

The failure of Relevant or Roy Rogers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Relevant and you as reflected in the applicable provision, and that the other provisions of these Terms shall insofar as possible remain in full force and effect. You acknowledge and agree that the Merchant in whose rewards program you are participating is a third party beneficiary of these Terms and, accordingly, may enforce these Terms. These Terms and the use of the web loyalty program by you, and any rights and licenses granted hereunder, may not be assigned or transferred by you (and any attempt to do so shall be null and void), but may be assigned or transferred by Relevant without restriction and without your consent. These Terms, Relevant’s Privacy Policy and Roy Rogers’s Privacy Policy collectively constitute the final, complete and exclusive statement of the agreement between you and Relevant and Roy Rogers regarding the subject matter hereof, and supersede any prior agreements, negotiations or communications between you and Relevant and Roy Rogers with respect to such subject matter.

The web loyalty program is provided by Relevant and Roy Rogers. If you have any questions about these Terms, please contact Relevant at support@relevantmobile.com.