Loyalty Reward Program
COMPLIANCE WITH LAWS
You agree to comply with all laws, rules and regulations applicable to your use of the Application. In addition, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LINKS TO THIRD PARTY WEBSITES
"Boiling Point Marks" means BOILING POINT; and all other trademarks, service marks and other commercial symbols used in connection with Boiling Point's or its affiliates' business. All Boiling Point Marks are the exclusive property of Boiling Point, its affiliates or third-party licensors. This Agreement does not authorize you to use any Boiling Point Mark, and you agree not to use any Boiling Point Mark in any manner without the prior written consent of Boiling Point, which consent may be withheld in the sole discretion of Boiling Point. Unauthorized use of any Boiling Point Mark may be a violation of federal and state trademark laws.
The Application is protected by U.S. copyright laws and international treaties. All materials contained in the Application are the copyrighted property of Boiling Point or its affiliates or third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Application, or any components thereof, without the express written permission of Boiling Point.
YOUR PROVISION OF PERSONAL INFORMATION TO BOILING POINT
When you provide information about yourself to Boiling Point, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Boiling Point has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Boiling Point has the right to suspend or terminate any account you establish in connection with your use of the Application and refuse any and all current or future use of the Application or any portion thereof.
REGISTRATION AND PASSWORDS
The Application may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Application. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
DISCLAIMER OF WARRANTIES
THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RCI AND ITS AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE ACCURATE, RELIABLE OR CORRECT; THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BOILING POINT OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF RCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RCI'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT, IF ANY, THAT YOU MAKE ANY CLAIM WITH REGARD TO THE APPLICATION OR YOUR USE OF THE APPLICATION, SUCH CLAIM SHALL BE MADE AGAINST RCI AND NOT AGAINST APPLE.
You agree to defend, indemnify and hold harmless Boiling Point, its affiliates, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User Content you submit, post, transmit or make available through the Application, your violation of this Agreement, or your violation of any third party rights.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Application must be resolved in the state or federal courts situated in the State of California. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Boiling Point shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Boiling Point seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys' fees and costs.
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by Boiling Point of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by Boiling Point to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive Boiling Point of the right to insist upon strict adherence to that term or any other term of this Agreement.
Boiling Point reserves the right, in its sole discretion, to terminate your access to all or part of the Application, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.