SIMBA - The Local Frequency Pilot Program User Agreement
The Local Frequency Pilot Program (the “Program”) is a locally-focused loyalty and rewards program operated by Spokane Independent Metro Business Alliance (“SIMBA”) under license as software as a service from Protegra Inc. (“Protegra”), collectively, the “Program Operator”). Customers in the Local Frequency Program (each a “User”) shall receive loyalty reward points (such reward points referred to as “Earned Local Dollars”) equal to the Local Dollar Percentage (as hereinafter defined) of the dollar value Qualifying Transaction Amount (as hereinafter defined) of any purchase of Eligible Goods and Services (as hereinafter defined) inclusive of Applicable Taxes (as hereinafter defined) and gratuities and made with Qualifying Tender (as hereinafter defined) with a Local Frequency Pilot Program Participant (as hereinafter defined). Earned Local Dollars are not cash; Earned Local Dollars may be redeemed towards future purchases by the User of Eligible Goods and Services at Participating Locations (as hereinafter defined). Users may also purchase a Prepaid Cash Account (as hereinafter defined) on his/her/their Local Dollar Card (as hereinafter defined) from Protegra that may be used, along with that User’s Earned Local Dollars, to make purchases at Participating Locations (as hereinafter defined).
For good and valuable consideration (including, without limitation, the mutual covenants and agreements of this User Agreement), the User (“you” or “customer”) accept, without modification, the terms of this User Agreement (or this “Agreement”) as set forth herein, and to any terms and conditions which may be applicable to Local Frequency Pilot Program Participants in the Local Frequency Program.
The User hereby acknowledges having had the opportunity to review the terms and conditions herein contained prior to participation in and the accumulation of any Earned Local Dollars in the Local Frequency Program. You agree that you have read and understood the terms and conditions herein and are bound by all of them, as may be amended and updated from time to time, and you consent to collection and use by Protegra of your Personal Information in accordance with the terms hereof.
1. Definitions.
The following terms shall have the following meanings hereunder:
“Alternative Program Method” means any software (other than the Application), device, card, document, website or other manner or thing utilized to facilitate access to or accumulation or disposition of Earned Local Dollars or the Prepaid Cash Account by Users that may be established, approved or used by Protegra from time to time;
“Applicable Taxes” means any use, goods and services, value added or excise taxes and/or similar provincial sales taxes or any other taxes, charges or duties that may be imposed by any governmental authority in connection with the sale, supply or delivery of any Eligible Goods and Services;
“Application” means the electronic application software established by Protegra and licensed by SIMBA as a service in order to facilitate electronic access to the Local Frequency Pilot Program by Users via mobile devices and by the Local Frequency Pilot Program Participant via any Terminal or otherwise;
“Earned Local Dollars” means the points which a User may collect and redeem in accordance with this Agreement, the Local Frequency Program and the Reward Program Rules and Regulations as may be updated and amended by Protegra and/or SIMBA from time to time, each whole Earned Local Dollar equating to one ($1.00) US Dollar and each 1/100th of an Earned Local Dollar equating to one ($0.01) cent provided that some other value may be determined and agreed to mutually by and between Protegra and a Local Frequency Pilot Program Participant from time to time in connection with a Local Dollar Promotion;
“Earned Local Dollar Account” means the figurative ledger account established by Protegra on behalf of a User upon execution and approval of the applicable User Agreement for the debiting and crediting of Earned Local Dollars by Local Frequency Pilot Program Participants;
“Eligible Goods and Services” means any good or service offered by a Local Frequency Pilot Program Participant other than those items which applicable laws do not permit the accumulation of Earned Local Dollars or other incentives in connection with their purchase in the manner set forth in this Agreement;
“Expired Local Dollars” has the meaning set forth at Section 17 of this Agreement;
“Local Frequency Program” means the locally-focused loyalty and reward program established and operated by the Program Operator, whereby Users may: (i) prepay a balance of funds directly to the Program Operator (for certainty, the Prepaid Cash Account), and/or (ii) receive reward credits on purchases made with Qualifying Tender at Participating Locations, called “Earned Local Dollars”, for use and redemption towards future purchases at Participating Locations in accordance with this Agreement, the User Agreement, the Reward Program Rules and Regulations;
“Local Frequency Pilot Program Participants” means the collective group of businesses and entities that participate in the Local Frequency Pilot Program;
“Local Dollars Card” means the physical point card or electronic point card generated through the Application that a User may use to: (i) prepay a balance of funds directly to the Program Operator to be used and redeemed at Participating Locations the Program Operator; and (ii) accrue and redeem Earned Local Dollars as part of Qualifying Transactions and Redeeming Transactions at Participating Locations;
“Local Dollars Percentage” means a minimum standard base of: (i) one (1%) percent in respect of a Qualifying Transaction completed by credit card; and (ii) three (3%) percent in respect of a Qualifying Transaction completed by other Qualifying Tender, or such other percentage or variable as may be determined mutually by the Program Operator and a Local Frequency Pilot Program Participant from time to time;
“Local Dollars Promotion” means a promotion which may be arranged from time to time between the Program Operator and a Local Frequency Pilot Program Participant;
“Local Change” or “Round Up” means the process by which Users of the Local Dollars Program are given the opportunity through Local Dollars transactions at Participating Merchants to make donations to Participating non-profits by “rounding up” their purchase transactions in an amount designated by the User.
“Participating Locations” means a Local Frequency Pilot Program Participants’ locations of business that is equipped to facilitate Qualifying Transactions and Redeeming Transactions by Users, in accordance with the terms and conditions of this Agreement, the User Agreement and the Reward Program Rules and Regulations
“Person” means any individual, entity or governmental body, including but not limited to any corporation, including non-profit corporation, general partnership, limited partnership, limited liability partnership, joint venture, estate, trust, cooperative, foundation, society, political party, union, company, including any limited liability company or joint stock company, firm or other enterprise, association, organization or entity;
“Personal Information” means information about a User including, but not limited to, a User’s name, telephone numbers and/or e-mail addresses, User Account, Unique User Account Identifier and the history of Qualifying Transactions and Redeeming Transactions made by the User under the Local Frequency Pilot Program;
“Prepaid Cash Account” means the account established by the Program Operator on behalf of a User for any prepaid cash balance paid by the User to the Program Operator in accordance with the terms of the User Agreement and for use and redemption by such User at Participating Locations;
“Protegra” means Protegra Inc., its subsidiaries, affiliates and authorized designates;
“Qualifying Tender” means a payment made by way of cash, credit card or debit (excluding a gift card) or such other currency or method of payment as determined by the Program Operator from time to time;
“Qualifying Transactions” means any purchase (or portion thereof) by a User of a Local Frequency Pilot Program Participant’s Eligible Goods and Services that is made (in whole or in part) with Qualifying Tender and in connection with which the User utilizes the Application or Alternative Program Method to collect and redeem Earned Local Dollars;
“Qualifying Transaction Amount” means the dollar amount of the Qualifying Transaction that is paid for with Qualifying Tender, including all Applicable Taxes and gratuities paid in respect of the entire amount of the Qualifying Transaction (for certainty, the Qualifying Transaction Amount does not include any amount of the Qualifying Transaction paid with Qualifying Tender);
“Redeeming Transactions” means any purchase by a User of Eligible Goods and Services, in connection with which all or a portion of the purchase price is paid for with Earned Local Dollars being redeemed by a User from their User Account using the Application or Alternative Program Method in accordance with the terms and conditions of this User Agreement, the applicable Local Frequency Pilot Program Participant’s agreement with the Program Operator and any Reward Program Rules and Regulations;
“Retro-Credit”, or any variation thereof, shall mean the retroactive crediting of Earned Local Dollars to a User’s Earned Local Dollar Account in accordance with the process set out in Section 10 hereof (or as otherwise may be determined by the Program Operator) where the applicable Earned Local Dollar Account was not credited with the Earned Local Dollars to which the User would otherwise have collected by reason of input error, fraud or other error;
“Retro-Debit”, or any variation thereof, shall mean the retroactive debiting of Earned Local Dollars from a User’s Earned Local Dollar Account in accordance with the terms hereof and at the discretion of the Program Operator as a result where the applicable User was credited with Earned Local Dollars in error or was otherwise ineligible or deemed by the Program Operator to be ineligible to receive such Earned Local Dollars;
“Reward Program Rules and Regulations” means the rules and regulations that may be established and amended by the Program Operator from time to time including but not limited to by way of a website if and when same may be established by or on behalf of the Program Operator, and governing: (i) aspects of the Users’ participation in the Local Frequency Pilot Program, including but not limited to membership eligibility and the collection and redemption of Earned Local Dollars and the Prepaid Cash Account by Users; and (ii) any other matter referencing any Reward Program Rules and Regulations as referred to in this agreement;
“Term” means the term of this User Agreement and participation of the User in the Local Frequency Program as more particularly set forth herein;
“Terminals” means the physical stand, screen, any program interfaces, software and all intellectual property associated therewith for use in the participation in, administration and management of the Local Frequency Pilot Program at Participating Locations in accordance with the terms of the applicable Local Frequency Pilot Program Participant’s agreement with the Program Operator;
“Unique User Account Identifier” has the meaning set forth at Section 2 of this Agreement;
“User” means a customer that is a member of the Local Frequency Pilot Program and has entered into a valid and existing User Agreement as the same may be amended from time to time;
“User Account” means, collectively, the account established by the Program Operator on behalf of a User for the debiting and crediting of the applicable User’s: (i) Prepaid Cash Account, and (ii) the Earned Local Dollars Account which shall be established upon execution and approval of the applicable User Agreement;
“User Agreement” means this agreement between you/a User and Protegra and SIMBA in respect of the participation by you/the User in the Local Frequency Pilot Program, the credit and debit of your Prepaid Cash Account and the collection and redemption of Earned Local Dollars.
2. User Account/User Participation in the Local Frequency Pilot Program.
To enroll in the Local Frequency Pilot Program, you must have a valid US address and be of legal age in the state in which you reside. If Protegra accepts your completed User Agreement, Protegra will establish a User Account in your name as well as a unique account number and associated unique electronic quick response code (QR) identifier assigned to you by Protegra in conjunction with the Application (as may be refreshed and reassigned from time to time) for the electronic scanning and crediting of your Earned Local Dollars Account with Earned Local Dollars (your “Unique User Account Identifier”) that can be used by you and/or scanned through the use of your mobile device, Local Dollars Card, or Alternative Program Method at Participating Locations in order to: (i) credit and debit your Earned Local Dollars Account with Earned Local Dollars in accordance with the terms hereof; and/or (ii) prepay and use the balance of funds in your Prepaid Cash Account towards future purchases at Participating Locations in accordance with the terms hereof.
3. Overview of Local Frequency Program.
Your Earned Local Dollar Account will be credited with Earned Local Dollars equal to the Local Dollar Percentage of the Qualifying Transaction Amount of each Qualifying Transaction you make. No Earned Local Dollars will be earned on purchases where payment (or portion thereof) is made with any form of payment that does not constitute Qualifying Tender under this Agreement. For the purposes of Redeeming Transactions at any Participating Location, each whole Earned Local Dollar equates to one ($1.00) dollar which you may apply against the purchase price of such Redeeming Transaction in accordance with the terms of this Agreement and any Reward Program Rules and Regulations. Fractional Local Dollars may be used for purchases in one (1%) percent increments, with each 1/100th of an Earned Local Dollar equating to one ($0.01) cent or such other value as may be determined mutually by and between the Program Operator and a Local Frequency Pilot Program Participants from time to time in connection with a Local Dollars Promotion.
After the initial pilot program you may also have the opportunity to make donations to Participating Non-Profits by “rounding up” your Local Dollars purchase transactions at Participating Merchants in an amount that you designate at the time of purchase. This process of contribution is known as “round up” or “local change”. The rules and regulations of the non-profit to which you make a donation will govern your contributions. At the end of the year Protegra will send you an email and notification on the Application letting you know your total contributions for the year to each non-profit. You will then need to forward this email to the non-profit(s) you donated towards to request a donation receipt for tax reporting purposes.
4. Personal Information, Protegra Database and Privacy.
Protegra is committed to protecting your privacy. Protegra and the Local Frequency Pilot Program Participants use and collect your Personal Information to: (i) administer the Local Frequency Pilot Program, including the management of User Accounts, to accurately record and update Earned Local Dollar and Prepaid Cash Account balances in the User Account; (ii) process Qualifying Transactions and Redeeming Transactions; (iii) invoice accounts for Local Frequency Pilot Program Participants, as appropriate; (iv) communicate information and offers to Users and Local Frequency Pilot Program Participants electronically via electronic message or otherwise; (v) understand and analyze User responses, needs and preferences; (vi) develop, enhance, market and/or provide products and/or services to meet those needs; and (vii) enable Users to participate in promotions and contests. Personal Information collected pursuant to the Local Frequency Program is considered an asset of the Program Operator; if the Program Operator’s business is transferred to a new owner, the Personal Information so collected will be given to and considered an asset of the new owner.
5. Qualifying Transactions.
The Unique User Account Identifier or a Local Dollar Card may be used to collect Earned Local Dollars at any Participating Location (through use of the Application or otherwise) and presented at the time of purchase to a Local Frequency Pilot Program Participant for processing concurrently with performing of any Qualifying Transactions. For certainty, the Unique User Account Identifier, Application and any Alternative Program Method may only be used at Participating Locations so long as the applicable Local Frequency Pilot Program Participant remains a member of the Local Frequency Pilot Program.
6. Redeeming Transactions.
The Unique User Account Identifier or a Local Dollar Card linked to your Earned Local Dollar Account may be used to redeem Earned Local Dollars and/or your Prepaid Cash Account towards future purchases at any Participating Locations. For certainty, Earned Local Dollars obtained in respect of Qualifying Transactions at one Participating Location may be redeemed toward future purchases of Eligible Goods and Services (including Applicable Taxes and gratuities) at another Participating Location.
The Redeeming Transactions are offered and accepted by and between the applicable Local Frequency Pilot Program Participant and the User. With the exception of the Prepaid Cash Account of the User, the Program Operator does not provide any Redeeming Transaction or reward directly to the User, nor does it have any obligation to provide any Redeeming Transactions, monetary value or reward to the User, nor does it have any obligation to provide any Redeeming Transactions and/or any rewards advertised or promised by Local Frequency Pilot Program Participants to the User unless it is part of a Local Dollar Promotion. Any Redeeming Transaction claimed through the use of the Earned Local Dollars Account remains an obligation between the applicable Local Frequency Pilot Program Participant and the applicable User.
7. Prepaid Cash Account and Local Dollars Cards.
(a) The Prepaid Cash Account constitutes a fully pre-paid cash balance between the Program Operator and a User directly with no expiration date that may be used in connection with the Local Frequency Pilot Program. The Local Dollars Card is a stored-value, physical or electronic (by way of the Application) card that is the property of the Program Operator and is subject to the terms of this Agreement.
The Local Dollars Card is not a credit card, charge card or a debit card. No interest dividends or other earnings or return will be paid on the Local Dollars Card balance. We issue the Local Dollars Card to you or you may access your Local Dollars Card through the Application. It allows you to load a dollar value into your Prepaid Cash Account for use at Participating Locations. So long as the balance remaining on your Local Dollars Card is sufficient, each time you use your Local Dollars Card, you authorize us to reduce the value available on your Local Dollars Card (including your Prepaid Cash Account) by the amount of the transaction. We do not charge any activation, service, dormancy or inactivity fees in connection with your Local Dollars Card. Your Prepaid Cash Account has no expiration date nor does the value of your Prepaid Cash Account ever expire. Unless otherwise required by law or permitted by this Agreement, the dollar value of your Prepaid Cash Account is non-refundable and may not be redeemed for cash.
(b) Your User Account accessed through the Application will reflect the total and unseparated balance of your User Account (the aggregate of both your Earned Local Dollar Account and Prepaid Cash Account), representing the balance available for your use making purchases at Participating Locations. You can obtain the current and separated balance of your Earned Local Dollar Account and/or your Prepaid Cash Account by sending an email inquiry to: support@thelocalfrequency.com.
(c) Redeeming Transactions involving payment by Prepaid Cash Account and Earned Local Dollar Account shall be debited automatically by the Program Operator on a first-in, first-out basis with the Earned Local Dollars of that User being first out and exhausted prior to the debiting of the Prepaid Cash Account. Participating merchants will not be expected to refund the balance of any Prepaid Cash Account to the User.
(d) Neither Local Dollars Cards nor the Application are targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Local Dollars Cards or the Application under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
(e) In addition to mobile loading, you can also load value to your Prepaid Cash Account by going online to: www.thelocalfrequency.com. There may be a delay from the time you pay the amount to be loaded onto your Local Dollars Card and those funds being available for use.
(f) Your Local Dollars Card can be used to purchase goods and services at Local Frequency Pilot Program Participants and may not be used to make withdrawals, or at ATMS or any other pre-authorized payments, or for payment on a credit account, or for any illegal transaction. The Local Dollars Card may be deactivated by the Program Operator at any time if fraud is suspected.
(g) You agree that a purchase made by you using your Local Dollars Card may not be authorized or settled by us unless it complies with this Agreement.
(h) The Local Dollars Card is and will remain our property. However, you will be solely and completely responsible for the possession, use and control of the Local Dollars Card. You must surrender the physical Local Dollars Card to us immediately upon request. If you authorize another person to use the Local Dollars Card you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Local Dollars Card.
(i) You agree to protect your Local Dollars Card against loss, theft or unauthorized use by taking all reasonable precautions. If your Local Dollars Card has been lost or stolen or if you have reason to believe that someone has made an unauthorized transaction with your Local Dollars Card or may attempt to use your Local Dollars Card without your permission, you agree to notify us IMMEDIATELY by calling ____________________( or sending an email to support@thelocalfrequency.com). All transactions carried out prior to such notification shall be deemed to have been authorized by you. You will be asked to provide us with your name, the Local Dollars Card number, and the original Local Dollars Card value and transaction history. We cannot re-issue a Local Dollars Card if you do not have your Local Dollars Card number. If our records show that a balance still remains in the Prepaid Cash Account, we will cancel the Local Dollars Card and make available the balance of your Prepaid Cash Account to you on a re-issued Local Dollars Card. It may take up to thirty (30) days to process your re-issuance request.
(j) For certainty, we have the right to terminate the Local Dollars Card program at any time. If you have not used and you do not want your Local Dollars Card, or we have terminated the Earned Local Dollar Account portion of the Local Frequency Program at any time and the Local Dollars Card may no longer be used, you may surrender the Local Dollars Card and redeem the remaining amount of your Prepaid Cash Account for a refund by returning the Local Dollars Card by mail, postage prepaid to the Program Operator at PO Box 40344 Spokane, WA 99220-0344. No refunds will be honoured unless the Local Dollars Card is returned, and you provide your name and mailing address with the returned Local Dollars Card. Requests for refunds may take up to sixty (60) days to process. For inquiries concerning surrenders and redemptions, call ______________________.
(k) For information about your Local Dollars Card including the activation date, to verify the balance of funds in your Prepaid Cash Account or Earned Local Dollars Account, for inquiries into the terms and conditions of this Agreement or for other information you can send an email to support@thelocalfrequency.com or call Protegra at the provided number above.
8. Term.
The Term of this User Agreement and your participation in the Local Frequency Pilot Program shall be for an initial term commencing upon the date of this Agreement and which shall automatically renew upon the first day of the following calendar year and each anniversary of that date following, until such earlier time as: (a) you cancel or terminate your participation in and/or the User Agreement pursuant to the terms hereof; or (b) the Program Operator cancels and terminates your participation, User Account and/or User Agreement in accordance with the terms hereof; or (c) the Program Operator cancels and terminates the Local Frequency Pilot Program.
9. Cancellation.
You may cancel your participation in the Local Frequency Pilot Program at any time at your discretion. However, any and all Earned Local Dollars collected in your Local Dollars Account shall be conclusively deemed and treated as void without compensation or any right thereto to you. Any and all rights to such Earned Local Dollars and any value or payment rights in respect thereof vest and thereafter become the property of the Program Operator. The Program Operator and/or any Local Frequency Pilot Program Participants reserve the right to cancel your participation in the Local Frequency Pilot Program and void your Local Dollars Account and Unique User Account Identifier, including the right to void any Earned Local Dollars collected thereunder, based upon any misuse, tampering with or suspicious activity (in the opinion of the Program Operator) with respect to any of the foregoing by you. In the event the Local Frequency Pilot Program or the Earned Local Dollars Account portion thereof is cancelled, you may surrender the Local Dollars Card and redeem the remaining amount of your Prepaid Cash Account, if any, for a refund by returning the Local Dollar Card by mail, postage prepaid to PO Box 40344 Spokane, WA 99220. No refunds will be honoured unless the Local Dollars Card is returned, and you provide your name and mailing address with the returned Local Dollars Card. Requests for refunds may take up to sixty (60) days to process. For inquiries concerning surrenders and redemptions, call SIMBA (208) 329-8565.
10. Fees.
There are no associated fees payable to the Program Operator with respect to the Local Frequency Pilot Program or use of the Application or Unique User Account Identifier by the User. The Local Frequency Pilot Program Participants have agreed with the Program Operator to license, use and administer the Local Frequency Pilot Program.
11. Corrections, Retro-Crediting and Retro-Debiting of Local Dollars.
The Program Operator may, in its discretion, Retro-Credit or Retro-Debit the Earned Local Dollars that have been credited to or from your Earned Local Dollar Account in the event of an input or other error, fraud or otherwise. In the event of an input or other error, fraud, and/or where the applicable Local Dollars Account has not been properly credited with respect to Earned Local Dollars which have been attributed to your Local Dollars Account by a Local Frequency Pilot Program Participant, the User may be Retro-Credited with Earned Local Dollars by the Program Operator provided that the following process has been followed:
(a) You provide Protegra with, through the Local Frequency Pilot Program Participant or otherwise, your Unique User Account Identifier or Alternative Program Method, as applicable, the date, time and Qualifying Transaction Amount in respect of the applicable Qualifying Transactions within thirty (30) days of each such Qualifying Transaction;
(b) The Local Frequency Pilot Program Participant provides the Program Operator with, through a Terminal, the Local Frequency Pilot Program Participant’s interpretation of the applicable Qualifying Transactions, including with respect to the purchaser-User, date, time and Qualifying Transaction Amount; and
(c) The Program Operator, in its discretion, may confirm the Earned Local Dollars and Retro-Credit the applicable User’s Local Dollars Account with the applicable Earned Local Dollars in accordance therewith.
Such Earned Local Dollars shall be Retro-Credited or recognized as of the date that you and/or the Local Frequency Pilot Program Participant, as applicable, demonstrate proof in respect of the applicable Qualifying Transactions and Qualifying Transaction Amounts in accordance with the terms hereof or as otherwise may be determined by the Program Operator, and complies with any Retro-Crediting rules in the Reward Program Rules and Regulations.
12. User Responsibility.
By agreeing to the terms of this User Agreement, you hereby acknowledge, understand and agree that it is your responsibility to review and remain current with the terms of the Local Frequency Pilot Program and subsequent program iterations, and the Reward Program Rules and Regulations by way of website, as same may be established by or on behalf of the Program Operator, or otherwise, from time to time as an ongoing condition of your participation in the Local Frequency Pilot Program, the prepayment, use and redemption of the Prepaid Cash Account and the collection and redemption of Earned Local Dollars through the Local Dollars Account thereunder.
13. No Assignment.
The Local Frequency Pilot Program, including all Earned Local Dollars, User Accounts (including Earned Local Dollars Accounts and Prepaid Cash Accounts), Unique User Account Identifiers, Application, Alternative Program Methods and all rights relating to them are, and will remain at all times, property of the Program Operator. Except as expressly set forth herein, or in the Reward Program Rules and Regulations or with the express written consent of the Program Operator obtained in advance, a User Account and/or Earned Local Dollars cannot be sold, assigned, traded or otherwise transferred or disposed of and any such disposition in violation of the terms herein contained shall be void and may result in the cancellation of the affected User Account and/or Earned Local Dollars, and any future participation in the Local Frequency Pilot Program by the User. Any and all rights to such Earned Local Dollars and any value or rights in respect thereof vest and thereafter become the property of the Program Operator. For certainty, the cash balance of your Prepaid Cash Account will not terminate, expire, revert to the Program Operator or otherwise void and you may surrender your Local Dollars Card and redeem the remaining balance of your Prepaid Cash Account for a refund in the case of program termination by returning the Local Dollars Card by mail, postage prepaid to SIMBA at PO Box 40344 Spokane, WA 99220-0344 under terms specified by the Program Operator.
14. Interruption of Service.
The Program Operator shall not be responsible for any interruption in service, delays, errors, and/or omissions caused by any means with respect to the Local Frequency Pilot Program (including but not limited to Earned Local Dollars) and does not guarantee or make any representation, express, implied or whatsoever with respect to continual, uninterrupted or error free service or use of the Local Frequency Pilot Program, Application, Terminal, Unique User Account Identifier, Alternative Program Method or any of the foregoing on the part of any Local Frequency Pilot Program Participants and/or Participating Locations in the management and administration of the Local Frequency Pilot Program and the distribution, accumulation and/or crediting of any Earned Local Dollars thereunder. By agreeing to the terms of this User Agreement, you acknowledge and understand that your Unique User Account Identifier may be provided to a Local Frequency Pilot Program Participant in respect of a Qualifying Transaction made in any such circumstances and the necessary data therefrom may be recorded by the applicable Local Frequency Pilot Program Participant and the Earned Local Dollars in respect thereof credited by the Program Operator at a later time in accordance with the terms of this User Agreement. Notwithstanding the foregoing, you hereby acknowledge the Local Frequency Pilot Program is conducted primarily electronically and relies upon both hardware and software, including but not limited to the internet, the Application, any Terminal and Protegra’s servers, any of which may malfunction without warning.
15. Termination of Local Dollars Account/Participation in the Local Frequency Pilot Program.
By agreeing to the terms of this User Agreement, you acknowledge, understand and agree that your participation in and use of the Local Frequency Pilot Program is a privilege that may be revoked by the Program Operator at any time without compensation to you. Any termination of your participation in accordance with the terms hereof shall result in any Earned Local Dollars accumulated by you being conclusively deemed and treated as void without compensation or any right thereto by you.
16. Amendment, Modification and Termination of the Local Frequency Program.
(a) The Program Operator specifically reserves the right to revise the terms and conditions of the Local Frequency Pilot Program and/or amend, alter, withdraw or terminate such Local Frequency Pilot Program, including any aspect thereof, in whole or in part, at any time without notice for any reason and without liability. Any such changes may affect the Earned Local Dollars that a User has already accumulated as well as any future accumulation of Earned Local Dollars and limit the use of the Prepaid Cash Account to the right to surrender your Local Dollars Card and redeem the remaining balance of your Prepaid Cash Account (if any) for a refund by returning the Local Dollars Card by mail, postage prepaid to SIMBA at PO Box 40344 Spokane, WA 99220.
For certainty, the most recent version of the terms and conditions of the Local Frequency Pilot Program as may be amended from time to time, and any Reward Program Rules and Regulations, shall govern the Local Frequency Pilot Program.
(b) In the event that the Program Operator terminates the Pilot Program, the Program Operator shall notify all Users, Merchants and Non-Profits in the Program of the Program termination (the “Termination Notice to Participants” or “Notification”). The Notification will contain information about Earned Local Dollars, Prepaid Cash Accounts, use of the PROGRAM, redeeming offers and card data. The Notification to Users shall advise Users that they have thirty (30) days to continue to collect Earned Local Dollars and make Round Up/Local Change donations under the Program from the date of Notification. All Earned Local Dollars must be used within forty-five (45) days of the Termination Date. Any Earned Local Dollars accumulated but not redeemed within the above-referenced period shall be conclusively deemed and treated as being void without compensation and in no circumstances shall the Program Operator be liable for any unredeemed Earned Local Dollars
17. Expiration of Earned Local Dollars.
All Earned Local Dollars accumulated by a User shall in any and all events expire on the date following twelve (12) months of complete inactivity in the Local Frequency Program by the User (for certainty, where no Qualifying Transaction or Redeeming Transaction has been made by the User within a twelve (12) month period) (“Expired Local Dollars”). Any Expired Earned Local Dollars shall be conclusively deemed and treated as being void without compensation and in no event shall the Program Operator be liable for any Expired Earned Local Dollars.
18. Disclaimer of Warranty and Limitation on Liability.
The Program Operator makes no representation or warranties, express, implied or whatsoever, with respect to the Local Frequency Pilot Program or any part thereof, including without limitation any implied warranty of merchantability or fitness for a particular purpose arising from course of performance or course of dealing, or that the Local Frequency Pilot Program or any part thereof, will provide error-free or uninterrupted functionality. Furthermore, the Program Operator repeats that it is not responsible for any loss incurred by the User as a result of the unauthorized use of the User Account, Application, Unique User Account Identifier, Alternative Program Method or any use of the associated Earned Local Dollars.
19. Limitations on Liability.
Neither the Program Operator, nor its affiliates, nor any of their respective officers or directors shall have any responsibility or liability for any expense, loss, cost, injury, damage or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to: (i) the Local Frequency Pilot Program or your participation in the Local Frequency Pilot Program; (ii) any failure, delay or decision by the Program Operator and/or any Local Frequency Pilot Program Participant in the administration of the Local Frequency Pilot Program; (iii) unauthorized use of your User Account, Unique User Account Identifier, Alternative Program Method and/or Earned Local Dollars or Prepaid Cash Account thereunder; (iv) any offer, representation, statement or claim about the Local Frequency Pilot Program or any part thereof and/or the Program Operator made by any Person other than by the Program Operator directly; or (v) Redeeming Transactions, including the Eligible Goods and Services, and/or the availability of any such Eligible Goods and Services in any respect whatsoever.
Any liability the Program Operator may have to the User is limited to crediting your User Account with the amount of Earned Local Dollars collected by you in connection with Qualifying Transactions. For certainty, use and participation in the Local Frequency Pilot Program is strictly subject to the terms hereof.
20. Currency.
Any reference to dollar amounts in this User Agreement shall mean the currency of the United States of America.
21. Headings.
The division of this User Agreement into articles and clauses and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this or any part of this User Agreement.
22. Electronic Communications.
By accessing the Application and this User Agreement, clicking “accept” or inputting electronic messages to the Program Operator by way of email, the Application or otherwise you are communicating with the Program Operator electronically. The Program Operator will communicate with you by electronic message, notification or update through the Application and by electronic mail at the electronic mail address provided by you or by posting notices on www.thelocalfrequency.com or any other website that may be generally designated in advance for such purpose from time to time. You consent to receiving electronically all agreements, notices, offers, disclosures and other communications that the Program Operator provides to you.
23. Click-through/Electronic Transmission.
The parties hereto agree that this User Agreement may be transmitted by mobile device and that the acceptance thereof in accordance with the foregoing shall be treated as binding as if duly executed and original.
