ROYAL PERFORMANCE GROUP
WEBSITE GENERAL TERMS AND CONDITIONS
|As used in these Terms and Conditions, “you” and “your” means any person who accesses or uses this website, including any person who purchases gift cards using this website. If you are acting on behalf of an entity or organization, “you” and “your” includes such entity or organization. |
Royal Buying Group, Inc. is an Illinois corporation doing business as Royal Performance Group (“RPG”). RPG is sometimes also referred to herein and elsewhere on this website as “we”, “us”, and “our”.
RPG issues and distributes gift cards for merchants. RPG owns and operates this website (the “Site”) to provide information about its services and to enable business customers to purchase gift cards for various purposes.
ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or using this Site, you acknowledge that you have read these Terms and Conditions and agree to be bound by them or, if applicable, as they may be amended and in effect at that time.
If you purchase gift cards using this Site, you also agree to the specific terms and conditions imposed by the merchant on the use of its gift cards (generally the merchant’s terms and conditions are set forth on the back of its gift card; they may also be available on the merchant’s website or posted on their Site.
If you do not agree to the forgoing, you should immediately leave the Site and do not continue to access or use it.
CHANGES TO TERMS AND CONDITIONS
We may change these Terms and Conditions at any time without notice. You should periodically check the Site to see if we have made any changes. See also the provision titled “Updates and Modifications” below.
GIFT CARD PURCHASES
You warrant that you are of legal age and duly authorized to act for your entity or other organization. You agree to pay the full purchase amount for any goods and services that you purchase, including all applicable fees and taxes, to RPG.
All prices are subject to change at any time without notice.
All purchases made using this Site are final. Orders are not exchangeable, refundable, transferable or redeemable for cash and gift cards cannot be replaced if lost or stolen.
We, at our sole discretion, may refuse to issue a gift card for any reason.
The amount of funds shown on the records of the merchant or its fulfillment center shall be deemed the balance on the gift card, unless you can prove to our satisfaction in our sole discretion that there should be a different balance.
You must have sufficient, available funds to pay for all gift card transactions. If your card balance is zero or becomes zero the card will be terminated unless it is a refillable or reloadable gift card.
LOGIN ID AND PASSWORD
If you sign up for a Corporate VIP Club Member Account or Standard Corporate Account, you will set up a unique login ID and password. You are entirely responsible for maintaining the confidentiality of your password. You are responsible for all activities that occur under your password, whether or not they are actually or expressly authorized by you. You agree to immediately notify RPG of any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by RPG due to someone else’s use of your account or password.
NO RIGHTS GRANTED
You agree that you shall not use the name, trademark, logo, or other branding or other intellectual property of either RPG or any merchant for whom RPG issues a gift card in any manner whatsoever without obtaining prior written permission of either RPG or such merchant, as applicable. You acknowledge and agree that these Terms and Conditions do not and will not confer to you or anyone else any interest in the name, trademark, logo, or other branding or other intellectual property of either RPG or any merchant for whom RPG issues a gift card.
GIFT CARD TRANSACTIONS
RPG only distributes gift cards for various merchants and does not determine the terms and conditions that apply to their use. Each merchant specifies and imposes the terms, conditions, and restrictions that apply to the use of its gift cards.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR TRANSACTIONS MADE, AND GOODS AND SERVICES OBTAINED, WITH GIFT CARDS THAT YOU PURCHASE FROM RPG. THOSE TRANSACTIONS ARE SOLELY BETWEEN THE MERCHANT FOR WHOM THE GIFT CARD WAS ISSUED AND THE GIFT CARD USER. SEE ALSO THE PROVISIONS ENTITLED “NO WARRANTIES” AND “LIMITATION OF LIABILITY” BELOW.
If you respond to RPG, or to any of its directors, officers, employees, agents, or others through the Site, including via e-mail, message boards, or otherwise, with any information including, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, or services or any other information (“User Feedback”), such information shall be deemed to be non-confidential and RPG shall have no obligation of any kind with respect to such information. RPG shall be free and have the right to access, use, reproduce, preserve, disclose, distribute and transmit the information to others without limitation and without compensation to you. Additionally, RPG shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
COLLECTION AND USE OF CERTAIN INFORMATION
We may send you information that may include periodic updates about your account, marketing materials, and special offers and products we believe would be of interest to you. By agreeing to these Terms and Conditions, you consent to receive all of the kinds of information described above. However, you will be given the opportunity to opt-out and not receive marketing information.
We periodically schedule system downtime to maintain this Site and for other purposes. Unplanned system outages also may occur. RPG shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
RISKS OF USING THE SITE AND THE INTERNET
You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risks associated with these activities is solely yours.
LINKS TO OTHER WEBSITES
Any links to other websites are provided merely as a convenience to the users of this Site. We have no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and do not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
ACCEPTABLE AND LAWFUL USE OF THE SITE
You agree that RPG may terminate your use of the Site at any time without notice to you.
You will not interfere with the operation of the Site. You are prohibited from violating or attempting to violate any security feature of the Site. You will not attempt to modify or reverse-engineer the Site in any way.
Any information or content that you provide in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any RPG or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for RPG or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including unsolicited e-mail (also called spam).
THE SITE, ITS CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RPG DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
RPG DOES NOT MAKE, AND TO THE FULLEST EXTENT PROVIDED BY LAW EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, SITE CONTENT, ANY TRANSACTIONS UNDERTAKEN OR GOODS OR SERVICES PROVIDED THROUGH THE SITE OR PURCHASED WITH A GIFT CARD OR ON THE INTERNET GENERALLY.
LIMITATION OF LIABILITY
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL RPG, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT IN ANY WAY FROM THE USE OF THE SITE. THE FOREGOING LIMITATION INCLUDES LIMITATION FOR DAMAGES OR OTHER LOSSES ARISING FROM : (a) THE USE OF OR INABILITY TO USE THE SITE; (b) ANY INACCURACIES OR OMISSIONS IN SITE CONTENT; (c) USE OF SITE CONTENT; (d) THE COST OF PROCURING SUBSTITUTE GOODS, ADVICE OR SERVICES RESULTING FROM USE OF THE SITE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES OR CONDUCT OF RPG, OR ANY THIRD PARTY ON THE SITE, AND (g) OTHER POTENTIAL MATTERS.
You agree to indemnify, defend and hold RPG, its present and hereafter created affiliates, and its directors, officers, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys’ fees and costs) resulting from (a) your access to or use of the Site, (b) your use of, or reliance on the products, services, advice, or information provided through the Site, or (c) your breach of any provision of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
UPDATES AND MODIFICATIONS
In our sole discretion, we may unilaterally amend or modify these Terms and Conditions or any other documents referenced herein at any time without notice to you by posting the amended Terms and Conditions or other document on the Site. Any amended or modified Terms and Conditions or other document will be effective upon posting. Your continued use of the Site constitutes acceptance of all modifications.
This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to principles of conflicts of law.
The parties consent and agree that any action, suit or other proceeding concerning any dispute or controversy based in whole or part on this Agreement shall be litigated only in courts located in Chicago, Illinois having competent jurisdiction of such action, suit or proceeding.
Where appropriate, words of the masculine gender include the female and words used in a plural or collective sense include the singular and vice verse. Whenever the words “include”, “includes” or “including” are used herein, they shall be deemed to be followed by the words “without limitation”.
All headings used in these Terms and Conditions are for reference purposes only and shall not be deemed to constitute a part of it.
These Terms and Conditions are binding on you and RPG (including its present and hereafter created affiliates) and our respective heirs, successors, personal representatives, and assigns.
If any provision in these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms and Conditions, including all of the remaining provisions, will remain in full force and effect as if such invalid or unenforceable provision had never been included.
Date posted: September 9, 2010