Terms of Use

Terms of Usage

Introduction

Please read these terms of usage.  By using our site and service you are accepting these terms. If you do not agree with any part of these terms, you may not use the app, site or service.

The Terms

You understand that any loyalty card offered through the Frequent Pass service has no cash value and can only be redeemed at the participating business that is administering the loyalty program.

You understand and agree that the administration, management and maintenance of any loyalty program offered in connection with Frequent Pass is subject to the loyalty program terms and conditions, if any, between you and the participating business. Any dispute regarding the loyalty program will be between you and the participating business and you agree that Frequent Pass is not responsible, and shall have no liability to you, with respect to the loyalty program.

You may use the services only if you can form a binding contract with Frequent Pass and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

You are responsible for any activity that occurs under your user account. You are responsible for keeping your password secure. You must not abuse, harass, threaten, impersonate or intimidate other Frequent Pass users.  You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post, and display on the Services.  You must not copy, create a derivative work of, reverse engineer, or hack Frequent Pass nor modify another web site to falsely imply that it is associated with Frequent Pass.  You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any Frequent Pass users. You must not interfere with or disrupt the Services, Frequent Pass, LLC servers or servers or networks connected to Frequent Pass, LLC servers such as by transmitting worms, viruses, or any code of a destructive nature.  You must not, in using Frequent Pass, intentionally or unintentionally violate any applicable local, state, national, or international law.  Violation of any of these agreements will result in the termination of your Frequent Pass account.

While Frequent Pass prohibits such conduct and content on its site, you understand and agree that Frequent Pass, LLC cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Frequent Pass service at your own risk.

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings by other users that have been mislabeled or are otherwise deceptive. Under no circumstances will Frequent Pass be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Frequent Pass Rights

All right, title, and interest in and to the services (excluding content provided by users) are and will remain the exclusive property of Frequent Pass and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the terms gives you a right to use the Frequent Pass name or any of the Frequent Pass trademarks, logos, domain names, and other distinctive brand features. Copyright Policy

Frequent Pass respects the intellectual property rights of others and expects users of the services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

Legal Provisions

Resolution of Disputes and Release
In the event a dispute arises between you and Frequent Pass, please contact Frequent Pass. You agree that the laws of the State of Colorado, without regard to principles of conflicts of laws, will govern this contract and any dispute of any sort that might arise between you and Frequent Pass. Any dispute relating in any way to this agreement or to services provided by Frequent Pass or through Frequent Pass shall be adjudicated in any state or federal court in Denver County, Colorado, and you consent to exclusive jurisdiction and venue in such courts. Should you have a dispute with one or more users, or an outside party, you release Frequent Pass (and Frequent Pass’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Frequent Pass, for the benefit of retailers, may try to help retailers resolve disputes. Frequent Pass does so in Frequent Pass’ sole discretion, and Frequent Pass has no obligation to resolve disputes between retailers and users or between retailers and outside parties. To the extent that Frequent Pass attempts to resolve a dispute, Frequent Pass will do so in good faith based solely on Frequent Pass’ policies. Frequent Pass will not make judgments regarding legal issues or claims.

Frequent Pass’ Intellectual Property
Frequent Pass, and other Frequent Pass graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Frequent Pass, LLC in the U.S. and/or other countries. Frequent Pass and Frequent Pass’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner without the prior written consent of Frequent Pass. The Frequent Pass App is patented pursuant to a pending patent filed with the US Patent and Trademark Office and is the sole and exclusive property of Frequent Pass.

Breach
Without limiting any other remedies, Frequent Pass may, without notice, and without refunding any fees, delay or immediately remove Content, warn Frequent Pass’s community of a retailer’s actions, issue a warning to a retailer, temporarily suspend a retailer, temporarily or indefinitely suspend a retailer’s account privileges, terminate a retailer’s account, and refuse to provide services to a retailer if any of the following apply:

  • Frequent Pass suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) an retailer has breached this Agreement or other policy documents
  • Frequent Pass is unable to verify or authenticate your Content; or Frequent Pass believes that a retailer is acting inconsistently with the letter or spirit of Frequent Pass’ policies, has engaged in improper or fraudulent activity in connection with Frequent Pass or the actions may cause legal liability or financial loss to Frequent Pass’s retailers or to Frequent Pass.

Frequent Pass stores and processes Content and data concerning your customer loyalty program on computers located in the United States that are protected by physical as well as technological security.

No Warranty
FREQUENT PASS PROVIDES IT’S WEBSITE, APP AND ALL SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FREQUENT PASS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FREQUENT PASS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit
In no event shall Frequent Pass and (as applicable) Frequent Pass’s parent, subsidiaries, affiliates, officers, directors, agents and employees or Frequent Pass’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incident, arising out of or relating to the conduct of you or anyone else in connection with the use of these services or the App, or this agreement, including without limitations, lost profits, bodily injury, emotional distress, or any special incidental or consequential damages.

Indemnity     You agree to indemnify, defend, and hold Frequent Pass and (as applicable) Frequent Pass’s parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

No Guarantee
Frequent Pass does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interrupted or interfered with by numerous factors outside Frequent Pass’ control.

Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App and any Frequent Pass service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make (excluding any taxes on Frequent Pass’ net income).

Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency
You and Frequent Pass are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Frequent Pass Service
Frequent Pass reserves the right to modify or terminate the Frequent Pass service for any reason, without notice, at any time. Frequent Pass reserves the right to alter these Terms of Use or other App policies at any time, so please review the policies frequently. If Frequent Pass makes a material change Frequent Pass will notify you by email, by means of a notice on our website, or other places Frequent Pass deems appropriate. What constitutes a “material change” will be determined at Frequent Pass’ sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Washington and the United States of America.

Survival
These sections shall survive any termination or expiration of this Agreement: Resolution of Dispute and Release, Frequent Pass’ Intellectual Property, Access and Interference, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guaranty, Severability, No Agency, Choice of Law.