User Terms and Conditions

Subject to the terms and conditions hereof, we grant you a non-exclusive license to use the Application, including any documentation files accompanying the Application (“Documentation”) and any upgrades, modified versions, or updates of the Application which may be provided to you.

The Application allows you to receive loyalty rewards, as well as other promotional, marketing, and advertising content (all of the foregoing, “Content”) to your smartphone (“Device”). We make no warranties regarding the Application or the availability thereof, and we may choose to modify the Application or cease provision thereof at any time, in our sole discretion, in which event any loyalty plans or rewards which you have collected may cease to be available or valid.

You have no ownership interest in the loyalty rewards. Use of the word “earn” in marketing materials in relation to the Application shall mean “collect” and shall not infer that any rewards have any value until they are paid. Value earned in Local Loot may not be purchased or sold and are not transferable except as otherwise stated herein.

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending balances in your account.

In the event of any inconsistency or discrepancy between the Terms or other statements contained in any related materials or advertising, the terms of the then-current Terms shall prevail, govern and control. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: all provisions starting from Additional Terms.

To use the Application, you must create an account. To create an Account and participate in the Application, you must be at least 13 years of age or older at the time of registration. If you are younger than 18 years old, you need your parents’ consent because whenever a minor uses the Application, the parent or guardian of that minor will be held responsible for the minor’s actions. Upon creating an account, we may ask for information including your name, e-mail address, telephone number, etc., to administer and customize your experience and allow you to receive payments. We reserve the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish. Your account username is your identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms or applicable law. All information provided in creating an account must be truthful and accurate, and you represent and warrant that you have all rights necessary to provide such information, including any information in respect of the Device. We may, for any reason in our sole discretion, terminate or suspend your account whereby any accrued value will be forfeited. Grounds for such termination may include, without limitation, (i) extended periods of inactivity, (ii) our reasonable belief that the letter or spirit of these Terms have been violated, (iii) our reasonable belief that fraudulent or illegal behavior has occurred, or (iv) our reasonable belief that behavior that is harmful to other users, third parties, or our business interests has occurred.

You represent and warrant that you have full rights to register any Device for which you have submitted registration information to us. You should ensure that your username and password (or other login information) are secure. Your loyalty plans and rewards are at risk if you let someone use your account inappropriately. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree not to disclose your password to others and will be solely responsible for actions or activities taken under your account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account or password. WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE ARISING FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, and you agree to indemnify and hold us harmless for any improper or illegal use of your account.

By using the Application, you consent to receiving Promotional Content from merchants that participate in the rewards programs offered to you (“Merchant Promotional Content”). You acknowledge that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Merchant Promotional Content, and in no way are we responsible to you for a Merchant’s failure to honor the reward system or loyalty plans or rewards offered through the Application. MERCHANTS ARE THE SOLE PARTIES RESPONSIBLE FOR PROMOTIONAL CONTENT AND FOR HONORING REDEMPTION OF GOODS AND SERVICES IN EXCHANGE FOR VALUE. Further, you understand and acknowledge that you may be exposed to Merchant Promotional Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us in this respect. You agree to abide by the terms and conditions that any Merchant may impose on any loyalty plans or rewards provided by such Merchant, and you shall fully indemnify us for your violation of any such terms and conditions.

We do not share any of your personal information without your consent. Our privacy policy sets forth all of our policies regarding the use of your information. Without limiting the foregoing, by using the Application you acknowledge and agree that we will provide such Merchant with certain information necessary or helpful for the provision of the Application and Services including information regarding you (e.g. Facebook profile link), your Device, your physical presence in any location of the Merchant, as well as with information regarding your purchases and shopping patterns. We may also provide you with the opportunity to receive Content from specified Merchants regardless of your physical location and, if you select such opportunities, you fully consent to the receipt of such promotional and commercial messages. As part of the Application, we may provide you with service announcements and administrative messages, and you fully consent to the receipt of the foregoing.

You have no ownership rights in the Application. Rather, you have a limited license to use the Application subject to these Terms. Ownership of the Application, Documentation, and all intellectual property rights therein and thereto shall remain at all times with us or its licensors. All rights not expressly granted to you herein are reserved to us. You may not remove any proprietary notice of ours from the Application, Documentation, or Content or any copy or component thereof. All copyright notices must be retained at all times.

You shall maintain all copyright and other proprietary notices contained in the Application, including all commercial logos. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application; (b) circumvent, disable, or otherwise interfere with security-related features of the Application or any Content; (c) modify the Application or any Content, or insert any code or product, or in any other way manipulate the Application or any Content; or (d) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Application or any Content except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above.

In making use of the Application or any Content, you may not, directly or indirectly, (a) violate the legal rights of others, including defaming, abusing, stalking or threatening users or infringe our or any third party’s intellectual property rights, moral rights, or other rights; (b) commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (c) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations or that would cause us to be in violation of any law or regulation, or to infringe any right of any third party; or (d) use or access another user’s account or password without permission or under false pretenses.

You shall indemnify us, our affiliates, employees, shareholders, officers, directors, and agents from and against any and all third-party allegations (even though such allegations may be false, fraudulent, or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) a breach by you of these Terms; (ii) your use of the Application or any Content in a manner that may violate any third-party intellectual property, moral or contractual rights; or (iii) your use of the Application or any Content in violation of any law, regulation or court order. Your choice of counsel retained for purposes under this section must be reasonably satisfactory to us. You may not settle or compromise claims that impose any obligation on us or that may affect our rights in any way without our prior written consent. We may participate in the defense of all claims with counsel of our own choice at our own expense.

THE APPLICATION, DOCUMENTATION, AND ALL CONTENT ARE PROVIDED “AS-IS.” WE EXPRESSLY DISCLAIM ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR THE SUBSTANCE OF THE CONTENTS) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE CONTENT IS AT YOUR OWN RISK, AND WE DO NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE UNAVAILABILITY OR MODIFICATION OF ANY LOYALTY PLANS OR REWARDS, OR THE FAILURE OF ANY MERCHANT TO PROVIDE ANY PROMISED GOODS OR SERVICES IN EXCHANGE FOR REDEEMED PURCHASES.

YOU HEREBY CONSENT THAT ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING OUT OF THE APPLICATION, THE WEBSITE AND THESE TERMS (OR THE BREACH THEREOF) WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (“DISPUTES”) SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ADMINISTRATIVE RULES, AS APPLICABLE, AND ITS CONSUMER ARBITRATION RULES. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN THE CLOSEST METROPOLITAN STATISTICAL AREA TO YOUR PLACE OF RESIDENCE, UNLESS WE AND YOU OTHERWISE AGREE. YOU MAY ALSO ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING. YOU ACKNOWLEDGE THAT AFFILIATED ENTITIES ARE INTENDED BENEFICIARIES OF THIS ARBITRATION CLAUSE AND ALL DISPUTES AGAINST THEM MUST BE RESOLVED BY ARBITRATION. THE PAYMENT OF ADMINISTRATIVE AND ARBITRATION FEES AND COSTS WILL BE GOVERNED BY THE AAA CONSUMER ARBITRATION RULES.

Notwithstanding the previous paragraph, we and you may (1) may bring suit in a federal or state court to enjoin infringement or other misuse of intellectual property rights in the limited circumstances detailed below; and (2) seek individual relief in small claims court for disputes within the jurisdiction of the small claims court.

Class Action Waiver.TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS. BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY.

WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING.

The AAA Consumer Arbitration Rules are available for review at: AAA Rules (click Rules, then click Consumer Arbitration Rules).

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction. You understand that, in return for your agreement to these Additional Terms, we are able to offer you access to and use of the Application at the terms designated, and that your assent to this Section is an indispensable consideration to this contract. You also acknowledge and understand that, with respect to any DISPUTE:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, and
• YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.

Any dispute or controversy concerning the enforceability or scope of the arbitration clause will be resolved pursuant to the Federal Arbitration Act 9 U.S.C.1-16 (“FAA”), despite any other choice of law provision.

Notwithstanding the foregoing, nothing in this Section shall prohibit you or us from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this contract until an arbitrator can be empaneled and determine whether such temporary relief should continue or be modified or terminated.

This arbitration clause does not amend or modify any rights or obligations under any franchise agreement or any other contract that you might have with us, our parent, or affiliated entities. All DISPUTES within the scope of those agreements, shall be resolved according to the dispute resolution provisions of those agreements.

By participating in the Application, you agree that we have no responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever, however suffered or caused directly or indirectly arising out of or related to the Application or these Terms, including without limitation: (i) any failure, delay, or decision by us in administering the Application or these Terms, including amendments thereto; (ii) unauthorized use by any third party of your account or login; or (iii) the loss, theft, or delayed notification of rewards issued under the Application or these Terms.

We and you agree that, on any claim arising out of or relating to your participation in the Application or these Terms, to the fullest extent permitted by law recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages, and we and you both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages. Any liability we may have to you for any negligence, breach of contract or otherwise, is limited to crediting your account with the rewards so determined to be earned by you.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

NOTE: In some jurisdictions the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.

These limitations and waivers are intended to be construed broadly and shall apply to any and all claims arising out of or relating to your participation in the Application and these Terms against any entity or person affiliated with the Discovery Map brand. The foregoing arbitration provision, limitations, and waivers shall also survive the termination of these Terms. In the event that any part of these Terms is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

You may terminate your account at any time by deleting your account via the Application. We may suspend or terminate your account, these Terms, and your use of the Application or any Content at any time if (i) you violate these Terms, including by using the Application or any Content in violation of any third-party right or law, regulation, or court order; (ii) we are unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) we decide in our sole discretion to cease offering the Application or any Content. If your account is cancelled or terminated for any reason, your account will no longer be accessible, and any accrued rewards will be forfeited. Upon termination, you must immediately cease all use of the Application and Documentation. Sections ‎5 (Security), ‎7 (Privacy), ‎8 (Intellectual Property), ‎9 (Restrictions), ‎10 (Usage Restrictions), ‎11 (Indemnification), ‎12 (No Warranty), ‎14 (Limitation of Liability) and this Section ‎16 shall survive the termination or expiration of this Agreement for any reason. Discovery Map will have no obligation to maintain information you have stored in our database related to your account.

We may assign our rights or obligations pursuant to these Terms. You agree not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms.

If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court or dispute resolution authority finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

The headings for each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

These Terms, including any other terms, conditions, and policies referenced herein, together with any legal notices published on the Website or Application, shall constitute the complete understanding and agreement between User and Discovery Map, and shall supersede and cancel all other agreements, except as expressly provided otherwise by us.