Registration and Privacy.
To obtain access to certain Services you may be given an opportunity to register. Should you register, you agree that you are at least 18 years of age and that the information you supply during the registration process is accurate and current information about yourself and that you will maintain the accuracy should the information provided change. You agree that you will not register under the name of nor attempt to enter the service under the name of another individual or entity. To complete the registration you must provide your legal full name, a valid email address and any other information requested in order to complete the signup process.
User Responsibilities and Privileges.
You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used via the Services, mobile application and/or on this Web Site. You are entirely responsible for all information whether publicly posted or privately transmitted using the Services and assume all responsibility for any consequences thereof related to your actions using the Services. UpSnap does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. UpSnap under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. By way of example, and not as a limitation, you agree that when using this Web Site, the mobile application and the Services you will not:
You agree that UpSnap may, given certain circumstances and without prior notification terminate all privileges. Cause for termination shall include, but not be limited to:
Registered users of UpSnap agree to maintain an active email account to receive communications from UpSnap regarding site updates, administrative messages, other registered user related messages, and announcements.
UpSnap grants You a non-transferable, non-exclusive, revocable, limited license to access and use UpSnap’s rewards and loyalty software platform (the “Application”) as made available through its web site located at www.gethuzzah.com and/or via mobile application during the Term solely for the purpose. UpSnap may, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at UpSnap’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.
You shall not directly or indirectly copy or reproduce all or any part of the Application, Website or Services, whether electronically, mechanically or otherwise in any form including but not limited to, the copying of presentation, style or organization. You shall use the Application, Website and Services solely for its intended purposes and shall not use it for the benefit of any third party except as specifically contemplated under this Agreement.
UpSnap does not currently charge its users to access and use the Website and Application, however, UpSnap may at any point and in its discretion, elect to begin charging fees for use of various portions of the Application and/or for different levels of subscription or account.
Merchant Payments and Refund Terms.
UpSnap’s current fees for the UpSnap Programs and its Services are set forth in the Merchant Agreement. UpSnap reserves the right to amend the fees payable for the UpSnap Programs and Services at any time upon thirty (30) days prior notice to you.
A valid credit card or ACH is required. UpSnap will automatically bill your credit card or ACH each month or year as designated in Your Merchant Agreement. You acknowledge that the amount billed each month or year may vary for reasons that include changes due to promotional offers, changes in your account, or changes in the amount of applicable sales tax. You authorize UpSnap to charge your credit card or banking account for such varying amounts. If you want to use a different credit card or ACH or if there is a change in validity or expiration date, you may edit your information by contacting UpSnap directly. It is your responsibility to keep your contact information and payment information current and updated.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties.
User Term and Termination.
This Agreement shall continue until the earlier to occur of (i) either party providing written notice of termination to the other party at which point You shall no longer be entitled to access or use the Application, or (ii) UpSnap terminates Your access to the Application, with or without notice. You are entitled to terminate your UpSnap account at any time. Upon termination You shall no longer be entitled to access or use the Application or any other non-public portions of the Web site.
Merchant Term and Termination.
You are agreeing to an annual (12 month) contract for Services with UpSnap. This contract will automatically renew on a month-to-month Subscription plan unless and until you cancel your paid account or termination by UpSnap. You are solely responsible for properly canceling your account. Sixty (60) days written cancellation requests must be submitted to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be considered valid. All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current term, your cancellation will take effect at the end of the then current term.
Modifications to the Service and Prices.
UpSnap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. UpSnap shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, UpSnap may issue an update to the UpSnap application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although UpSnap will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Restrictions on Your Use and Intellectual Property Rights.
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely owned by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. UpSnap is the sole owner of the name “UpSnap” as well as the Web Site, Application, Services, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communication from You to UpSnap regarding the Application, Web Site or Services shall upon submission to UpSnap be owned solely and exclusively by UpSnap. You may not reproduce, modify, prepare derivative works or sell the Material (including but not limited to content, design, software or coding) or display, distribute, or otherwise use the Material in any way for any public or commercial purpose whatsoever without the written permission of UpSnap. If you violate any of these terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
User Representation and Warranty.
Upon submission of material by You, You represent that you have the absolute and unrestricted right and authority to use any and all material including but not limited to; names, addresses, trademarks, copyrighted materials, trade names, service marks and grant UpSnap including our Third Party Providers, the absolute right and license to use, reuse, copy, reproduce, modify and distribute any of the material as we see fit in any medium for any purpose now known or hereafter developed, both during and after your use of the Services.
You understand that UpSnap uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to refrain from framing or in-line linking any of the content of this Web Site or incorporate into another website or other service and agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by UpSnap.
This Web Site, the Application and the Services and materials contained therein are provided on an “As Is” basis. UpSnap works hard to make this Web Site, the Application and Services a useful portal but does not and cannot guarantee that our users will always find everything to their liking. We try to ensure that information we post is both timely and accurate, and that the Services offered are reliable. Please be advised that if you rely on any information or service available through this Web Site, the Application and Services you do so at your own risk. You are solely responsible for any damage or loss you may incur that result from your use of any service or any material and/or data downloaded from or otherwise provided through the Web Site, Application and Services.
UpSnap neither warrants that the Web Site, Application and Services will operate without error or that its servers are free of computer viruses or other harmful code. UpSnap is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of the Web Site, Application and Services. UpSnap contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
UpSnap does not control the information or content posted or transmitted by users, registered users and our Third Party Providers and assumes no obligation to monitor third party information and transmissions. UpSnap does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties or endorse any opinions expressed by them.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Application. While it is UpSnap’s objective to make the Web Site and Application accessible at all times, the Web Site and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Web Site or Application may operate slowly from time to time. Access to the Web Site and/or the Application may be interrupted, suspended or terminated from time to tome and UpSnap shall not be liable in any way for any delay in responding to any inquiry or question or the effects of any delay.
UpSnap makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site, Application or Services outside of the United States, you are responsible for compliance with the laws of your jurisdiction as well as our local laws.
Warranty and Limitation of Liability.
THIS WEB SITE, APPLICATION, AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED TO YOU ON A AS-IS WHERE-IS AS-AVAILABLE BASIS. UPSNAP AND OUR THIRD PARTY PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTIBILITY FOR A PARTICULAR PURPOSE, FITNESS, OR MERCHANTABILITY FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSED OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEB SITE AND APPLICATION NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL UPSNAP OR OUR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE, APPLICATION OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE OR APPLICATION INCLUDING BUT NOT LIMITED TO;
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UPSNAP’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to treat as confidential all confidential information of UpSnap, not to use such confidential information for any purpose other than to the limited extent necessary to us the Web Site, Application and Services and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You sue to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by UpSnap, provided however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of UpSnap to terminate employment with UpSnap or to become employed by or enter into contractual relations with any other individual or entity.
You agree that you are personally responsible for your behavior and actions on the Web Site, Application and with the Services and for your use of the Content. You agree to indemnify, defend and hold harmless UpSnap, our Third Party Providers, licensors, employees and agents from and against all claims, losses, expenses, damages and costs (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site, Application or the Services or your use of the content, any violation by you of this Agreement or any activity related to your user account by you or any other person accessing the Web Site or Service through your user account.
Posting communications on or through the Web Site, Application and/or the Services automatically grants UpSnap a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
UpSnap may and at its sole discretion, remove or disable access to material on the Web Site and/or the Services that infringes on the rights of others. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Web Site, Application and/or Services, please provide written notification by e-mail or regular mail that includes the following information: (1) the signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of or actual page link to where the material in question is located on the website; (4) your mailing address, telephone number and email address; (5) a statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by your, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
UpSnap shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control including without limitation, an act of God, fire, flood, explosion, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals or hackers.
The Agreement will not be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
You may not, without the prior written consent of UpSnap, assign the Agreement, in whole or in party, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void.
Choice of Law and Venue.
General Contact Information.
430 Main Street, Williamstown MA 01267