City of Akron Local Application (“Akronite”) - Member Terms of Use

Last Updated: June 21, 2020

The Terms of Use (“Terms”) stipulated herein constitute a legally binding agreement between the City of Akron, Ohio (“City”) and users of the City of Akron, Ohio User Application (“User App” or “App”) regarding the usage of the App and any services provided by City through the App. including the municipal reward program, as set forth in these terms, pursuant to which the City will reward Users with Blimps, redeemable at merchants located within the Territory that have agreed to participate in a municipal rewards program (“Redeeming Merchants”), for taking Qualifying Actions (“Program”).  The User App and the Program are intended to help the City to engage with users, promote community goals, encourage local spending, and support local businesses, with the overall goal of making the City more vibrant and connected.  This is accomplished, inter alia, by awarding Blimps and facilitating their redemption pursuant to the terms indicated below.

  1. Definitions

    1. “Account” has the meaning set forth in Section 2(c)(i).

    2. “App” and “User App” have the meaning set forth in Section 2(b).

    3. “Blimps” means promotional value awarded to a User’s Account upon completion of Qualifying Actions by joining a Campaign and completing qualifying activities that a User can exchange for goods and services at Redeeming Merchants. The redemption value of each Blimp equals One U.S. Dollar ($1.00). 

    4. “Campaign” means a reward offer campaign, selected by the City and published through the App, that Users can join and which sets forth the terms for User’s to be rewarded with Blimps, including identifying certain qualifying activities that Users can complete to earn Blimps, including Qualifying Purchases.

    5. “City” has the meaning set forth in the preamble.

    6. “Colu” has the meaning set forth in Section 2(a).

    7. “Non-Redeeming Merchant” means a merchant within the Territory that is not a Redeeming Merchant.

    8. “Payment Card” has the meaning set forth in Section 3(a).

    9. “Platform” has the meaning set forth in Section 2(a).

    10. “Program” has the meaning set forth in the preamble.

    11. “Qualifying Actions” means an action or set of actions the completion of which is designated by the City in a Campaign as qualifying for awarding Blimps to Users’ Accounts, in accordance with this Agreement and the terms of a specific Campaign for the allocation of rewards, including Qualifying Purchases.

    12. “Qualifying Purchase” means the purchase of goods or services by a User from certain merchants in the Territory, identified in a Campaign, through a Payment Card linked to the App, and in compliance with the terms and conditions of the Campaign and these Terms.

    13. “Redeeming Merchants” has the meaning set forth in the preamble.

    14. “Terms” has the meaning set forth in the preamble.

    15. “Territory” means the City of Akron, Ohio.

    16. “User Information” has the meaning set forth in Section 2(c)(i)

  1. General Terms

    1. The City has engaged Colu Technologies (US) Inc., a Delaware corporation (“Colu”) to provide certain services in connection with a government technology SaaS (Software as a Service) platform that enables municipalities to increase civic engagement and community engagement, inter alia,  by rewarding residents for taking actions that promote certain strategic goals (“Platform”).

    2. The Platform includes a City branded mobile application for Users to participate in the Program (“App”).

    3. Opt-In Provisions: 

      1. Users opt-in to the Program by (A) downloading the App and (B) signing in to the App and creating a User account (“Account”) by providing the User’s full name, phone number, email address, and other information, including, by way of illustration and not limitation, such information that the City may from time to time deem necessary to prevent fraud (“User Information”).

      2. There is no cost to participate.

      3. Users must accept and agree to these Terms and the App Terms of Service by signing into the App and clicking the appropriate buttons when prompted to do so. User’s usage of the App, including participation in the Program, is subject to the App Terms of Service.

      4. Users must maintain the Account in good standing.  Users represent and warrant that all User Information required from time to time is truthful, accurate, current, and complete.  Users agree not to misrepresent any identity or User Information.  Users must promptly notify the City of any changes to User Information by updating the User Account within the App, or by contacting Contact.akronite@colu.com .

      5. Colu’s Privacy Policy governs the collection, use, storage, and disclosure of User Information.  

      6. Users must be 18 years or older to participate.

      7. Only one Account may be created per phone number, and each individual person may have only one (1) Account.

      8. You may only access and use the App for your own personal, non-commercial use.

    4. You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time on the User App, under the tab About/Terms and Conditions. Revised Terms will become effective immediately at the time of posting. We will try to inform you when there are substantial updates to the Terms, e.g., by email to the address you provided us such at the time of login or through an e-mail communication, but we shall have no obligation to do so. Any use of the App or the earning of points after such posting of the revised Terms shall constitute your acceptance of such updated Terms. If any change to these Terms is not acceptable to you, your sole remedy is to stop your participation in the Program (e.g., cease accessing the earning or redeeming points), or otherwise using the App.  Notwithstanding the foregoing, the Terms will not be amended to add a participation fee without the prior notification to.

    5. Each User is responsible for creating a secure Account and for maintaining the security of that account. If the security of account information is breached by a User or other third party, City is not liable for improper access to the Account, or for changes to an Account by another User or third party. City is not responsible in such circumstances for reinstatement of lost Blimps or for any damages or losses sustained by a User as a result of such unauthorized access. If you become aware of any fraudulent or unauthorized activity on your Account, you must report the fraudulent or unauthorized activity to City in writing and provide relevant information and cooperation to City in connection with such activity.

    6. In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the App or participate in the Program to engage in any illegal, fraudulent, or other illicit activity. City reserves the right, in its sole discretion, to remove awarded Blimps, as well as prevent from enrolling in, suspend, and/or remove from the Program, any User for any reason, including any Blimps awarded in error, or in the event of any suspected fraud, abuse, or misuse in connection with this Program.


  1. Rewards

    1.  Earning Blimps. Blimps are earned by a User through joining a Campaign and performing the Qualifying Actions as defined in the Campaign and in accordance with the Campaign terms the Terms of Use. Users may not transfer Blimps to any other User.

    2. Qualifying Actions: Campaigns may appear on the App from time to time,   designating certain Qualifying Actions that would enable Users to earn Blimps and the terms for participation in a specific Campaign. Campaigns may ask Users to complete certain activities to earn Blimps.  Examples include, by way of illustration and not limitation, the following: (i) earn X Blimps when you make Y Qualifying Purchases with a Merchant, (2) make a Qualifying Purchase with a Merchant and receive X percent of the purchase price in Blimps, or (3) refer others to join the Program and receive X Blimps. Campaigns may be subject to individual rules, requirements, and/or conditions as specified in the App.  Campaigns may be time specific, having a certain termination date.  Users are responsible for checking the App for Campaign rules, restrictions, and termination dates.

    3. Qualifying Purchases:  Where a Campaign defines Qualifying Actions as including Qualifying Purchases, the following conditions and requirements apply in order to receive Blimps for Qualifying Purchases:

      1. Users must link at least one eligible debit or credit card (“Payment Card”) to the Account.  Please note that not all debit and credit cards are eligible to be linked to Accounts.  All determinations as to card eligibility are at the sole discretion of City.  In order to be eligible as a Payment Card, it must be issued by a U.S. financial institution.  In addition, you may not be able to link a debit or credit card to your Account if the card is already linked to certain other third-party card-linked offer programs.  Plaid Technologies, Inc. (“Plaid”) is used in the App to gather users’ data from financial institutions. By linking your Payment Card, you agree that Colu and Plaid may view transactions made by you through the Payment Card, and you agree that Plaid may act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You further agree to your personal and financial information being transferred, stored and processed by Plaid in accordance with the Plaid Privacy Policy [LINK], and by Colu in accordance with Colu’s Privacy Policy [LINK].

      2. Blimps can only be earned for a Qualifying Purchase when the following conditions are satisfied: (i) a User makes a purchase at a Merchant that has been approved and designated by City in a Campaign in the App, during any time period defined by the City in the Campaign, and in accordance with the Campaign terms; (ii) such purchase appears in the records of the Payment Card linked to such User’s Account as provided to Colu by Plaid, a third party provider of payment account information; and (iii) such purchase is subject to the identification of the underlying transaction in the records and its verification by Colu, and (iv) such purchase is verified prior to a Campaign reaching any disclosed limit. expiration term or maximum participation level. City reserves the right to require additional evidence from User to confirm the Qualifying Purchase.  In the event sufficient evidence to support the Qualifying Purchase is not available or there is a good faith discrepancy regarding the eligibility of the Qualifying Purchase (e.g., multiple purchases made at the same time), Blimps may not be earned by the User for such purchase in the City’s discretion.

    4. Tracking: Earned Blimps will usually appear in a User’s Account within ten (10) business days from the completion of Qualifying Actions as defined in a Campaign.  Users will be able to track in the App the number of Blimps earned and awarded to their Account, as well the number of Blimps deducted from their Account through redemption.

    5. User Account Limit.  No more than $2,000 worth of promotional value, in the form of Blimps or otherwise, may be associated with the Account of any individual User on any given day.  This means that the promotional value that remains in and has been redeemed from the Account at the end of one day, combined, may not exceed $2,000.  Thus, if there are 1500 Blimps in a User Account and the User redeems 500 Blimps that day, the User could not receive more than 500 Blimps into the Account that day. City reserves the right to set and revise Account limits, without prior notice.

  1. Redemption

    1. Redeeming Merchants.  Users can pay for goods and services at Redeeming Merchants by using the App to access and redeem the promotional value they have in their Accounts.  Users may do this at Redeeming Merchants by requesting that the Redeeming Merchant redeem the User’s Blimps and apply them toward all or part of the purchase price of any goods or services offered by the Redeeming Merchant.  Users shall determine the amount of promotional value, in the form of Blimps, that will be redeemed by a Redeeming Merchant in connection with the purchase of the Redeeming Merchant’s goods or services; provided, however, that a User may not redeem Blimps in excess of the User Account Limit described above. City reserves the right to set and revise redemption limitations, without prior notice.  

    2. Refunds

      1. There will be no cash refunds.

      2. Should a Qualifying Purchase transaction that resulted in Blimps awarded to the User’s Account be canceled for any reason (e.g., based upon a return, chargeback, dispute, or other refund request for a Qualifying Purchase for which the User has already received the Blimps) the Blimps balance in such User’s Account may be reduced by the amount of the rewards received for the canceled transaction.  If the Account balance is insufficient to cover the cancellation amount, the Account will fall into a negative status and be credited as Blimps are earned and awarded in the future.

      3. Except as expressly set forth in this Section 4(b)(iii), all redemptions of Blimps are final and irrevocable.  If a transaction that involved the redemption of Blimps is rescinded due to a technical error of a User (including, by way of illustration and not limitation, the inclusion of the incorrect Redeeming Merchant as part of such transaction), then the City shall credit the appropriate User’s Account with the number of Blimps redeemed by the Redeeming Merchant in such rescinded transaction, provided that such error is reported to Colu within two (2)  business days after such redemption.  If a transaction that involved the redemption of Blimps is rescinded for any other reason (including, by way of illustration and not limitation, by the return of purchased goods or the refund of the purchase price for services rendered), or if a User’s technical error is not reported to Colu within the time period set forth in the preceding sentence, then the terms of such rescission shall be agreed, and any disputes relating thereto shall be resolved, by the User and the Redeeming Merchant, and neither the City nor Colu shall be responsible for crediting or debiting either the User’s Account or the Merchant’s Accounts in connection with such rescission.

  1. Privacy

All information generated from the User in establishing an Account, participating in the Program and Campaigns, making Qualified Purchases, using Blimps and otherwise using the App is held and processed by Colu in accordance with the Colu Privacy Policy [LINK]

  1. Information in the App and Third-Party Information, Services and Links 

    1. The information presented through the App is made available solely for general information purposes. Neither City nor Colu warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the App.

    2. The App may include content provided by third parties. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of such third parties. We are not responsible, or liable to you or any third party, for the content provided by any third party.

    3. The App contains links to third-party websites, applications, and services that are not owned or operated by City or Colu. Separate terms and conditions apply to Third-Party Services. You should read those terms and conditions carefully before accessing any Third-Party Services. Neither City nor Colu are responsible for the actions, content, or services of such third parties.

  1. Modification and Termination

    1. City reserves the right to change, suspend, or discontinue all or any part of the App or the Program at any time without prior notice or liability.  This includes the right to modify, amend, cancel, delete, change or terminate the Program or any Terms of the Program in any manner at any time in City’s sole discretion, including but not limited to terms applicable to eligibility for participation, Point values, redemption values, rules for receiving or using Blimps, or any other aspect of the Program. These modifications may affect Blimps already received, including the opportunity to use such Points or their redemption rate.

    2. An Account may be suspended or terminated at any time and at the sole discretion of the City.  Upon termination for any reason and by any party, User Account balances are cancelled.

    3. Users may terminate their Accounts at any time by contacting Contact.akronite@colu.com.  Accounts may not be terminated by Users if they are in a negative status.  See 4(b)(ii) above.  They must remain open until they have reached a zero (0) balance or until terminated by City or until the Program has ended, whichever is earlier.

  1. Limitation of Liability

    1. City makes no guarantees, warranties, or representations of any kind concerning the App and services provided through the App, including the Program except as expressly contained in these Terms. You release City and its officers, directors, elected officials, affiliates and agents, and Merchants from all liability regarding the earning, redemption, and use of Blimps, including any rewards that, after receipt, may be lost, stolen, or destroyed. Merchants are independent contractors and are not agents or representatives of City. Redemption at a Redeeming Merchant may vary. City is not responsible for, and assumes no liability for, the actions or redemption responsibilities of a Redeeming Merchant. Nothing in the Program or in these Terms is intended to create any agency, partnership or joint venture between City and any Merchant. If any Merchant improperly denies any User any benefit they are entitled to under the Program, the liability of the Merchant, or of City is limited to the fair market value of the denied benefit as determined by City or Colu.

    2. CITY PROVIDES ANY AND ALL SERVICES THROUGH THE APP, INCLUDING THE PROGRAM “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY.

    3. You agree that City has not represented that (1) the Program will include any particular products or services, (2) that the Program and any other services provided through the App will not be interrupted, without omissions or error free, or (3) that defects will be corrected or changes implemented. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CITY’S OWN NEGLIGENCE, WILL CITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF A REPRESENTATIVE OF CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event City is held liable for any act, error or omission related to the Program, your sole and exclusive remedy will be limited to reimbursement for services or products you paid for but did not receive under the Program, or the issuance of Blimps under the Program as compensation, at City’s election. You agree to waive any claim or action of any kind in any forum that is not commenced and served on City within two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

  1. General Provisions

    1. Governing Law.  The laws of the state of Ohio and federal law govern these Terms and any aspect of your relationship with City under the Program. They govern without regard to any conflicts of laws principles that would cause the application of the substantive law of another jurisdiction.

    2. Invalidity. If any provision of these Terms is invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure of City to exercise any of its rights under these Terms does not constitute a waiver of such rights in any other instance.


---------------------------

COLU'S ADDITIONAL TERMS AND CONDITIONS FOR USAGE OF THE APPLICATION

Last updated: June 18, 2020.

The following are additional terms and conditions of your use of this mobile application (“the App”), which is part of the Colu Technologies (US) Inc. (“Colu,” “we,” or “us”) Platform (“the Platform”). This App provides you with access to content and services which are offered by the AKRON municipality (the “City”) through the App and the Colu Platform (the “Service”). These Terms of Service form a legal agreement between you and Colu.  By signing on to the App, you agree to these Terms. IF YOU DO NOT AGREE, DO NOT USE THE APP.

Please note that you are also subject to the terms and conditions for services provided to you through the App by City; Colu is not a party to the City’s terms of use concerning the services provided to you by the city and is not responsible or liable in any way for such services. 

Our current Privacy Policy is available on the App and is incorporated in these Terms by reference. We may change our Privacy Policy from time to time, as stated therein. Please see our Privacy Policy.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the App after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Service.

Access and Use of the Service
Mobile Service:  Your wireless service carrier’s standard charges, data rates, and other fees may apply to your use of the App. In addition, downloading, installing, or using the App may be prohibited or restricted by your carrier, and the Service may not work with all carriers or devices. 

Modifications to Service: Colu reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof).  You agree that, to the extent permitted by law, Colu will not be liable to you for any modification, suspension, or discontinuance of the Service in accordance with these Terms.

Conditions of Use
User Conduct: You agree to not use the Service to engage in any violation of any law or governmental regulation, any activity that poses or creates a privacy or security risk to any person, or any activity which in the sole judgment of Colu, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Colu or City to any harm or liability of any type, or interfere with or disrupt the Service. When using the Service, you may not, nor may you assist other parties to pursue or engage in unlawful or abusive uses, or any types of activities which contradict the purpose of the App, interfere with other users ability to exploit or access the App, or which may be deemed to do so (“Restricted Uses”). Restricted Uses include the following types of activities (not to be regarded as an exhaustive list):

  • violate any applicable law, rule or regulation;

  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;

  • institute, assist or become involved in any type of attack (deliberate or other), including distribution of a virus, Trojans, attacks upon the Service, that prevent access to or use any of our Service, other attempts to disrupt any of the above, gain unauthorized access to any of the above, or disrupt any other person’s use or enjoyment of any of the above;

  • enter or make an attempt to enter the Service (including by accessing linked platforms, networks or systems) unauthorized, including by using other users’ information;

  • design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Service;

  • attempt to disable or circumvent any security or access control mechanism of the Service;

  • use any unauthorized third-party software that accesses, intercepts, ‘mines’, or otherwise collects information from or through the Service, or that is in transit from or to the Colu Application;

  • bypass any robot exclusion headers or other measures Colu uses to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

  • impersonate another user or otherwise misrepresent yourself;

  • violate the legal rights of others;

  • defraud any other users or any other person, including Colu and City employees and service providers;

  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the App or to provide the Service, or to obtain any information from the App using any method unless you have received Colu’s prior written approval;

  • create or enter a fictitious transaction or a transaction with fictitious elements of any kind, including by transacting with yourself using the Service, including through the opening of more than one Account with City

  • exploit, disrupt or manipulate, or attempt to exploit, disrupt or manipulate the use of the App or the Platform. 

Without derogating from the above, by accepting these Terms, you acknowledge that Colu makes no representation or warranty regarding its ability, nor assumes any liability, to detect, limit or prevent any Restricted Use. Violation of any of these Restricted Uses may be cause for the taking of legal actions on the part of Colu according to the law, in addition to termination of your access to the App and  Platfom and to any right and remedies set forth herein or under any applicable laws.


App Stores 
You acknowledge and agree that the availability of the App and the Service is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Service and will have the right to enforce them.

Intellectual Property Rights
Content, Software, and Trademarks: You acknowledge and agree that the Content on the App is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. All right, title, and interest in the Content are and will remain the exclusive property of Colu, its affiliates, and its licensors. Except as expressly authorized by Colu, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Content, in whole or in part. Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Colu, our affiliates and our partners (the “Software”). If you are using the Service, Colu, subject to your compliance with these Terms of Service, hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Software on a single mobile device that you own or control, and to run such copy of the Software solely for your personal, non-commercial purposes. You shall not use, sublicense, copy, adapt, reverse engineer, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Service or Software, and content thereon, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted herein are reserved by Colu. 

The Colu name and logos and other domain names and marks associated with the Platform are trademarks and service marks of Colu and its affiliates (collectively the “Colu Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Colu  or City. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the App, without prior written permission in each instance.

Copyright Complaints: Colu respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Colu of your infringement claim in accordance with the procedure set forth below. 

Colu will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Colu's Copyright Agent at CS@colu.com (Subject line: “DMCA Takedown Request”). Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.


Indemnity and Release

You hereby agree to release, indemnify, and hold Colu and its affiliates and their officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction you waive any comparable statute or doctrine. 

Liability of Colu

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLU AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

COLU AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE CONTENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COLU NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF COLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION, OR SERVICE OBTAINED THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1000). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 

Any claims arising in connection with your use of the Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms.

General
These Terms constitute the entire agreement between you and Colu and govern your use of the Service, superseding any prior agreements between you and Colu with respect to the Service. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Colu agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, NY. You agree that, by entering into these Terms of Service, you and Colu are each waiving the right to a trial by jury or to participate in a class action. The failure of Colu to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Colu, but Colu may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. 

Contact

Please contact us at contact.akronite@colu.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service. 

Click here for the Referral Program Terms and Conditions