LoyalShops, LLC – Terms & Conditions (“Terms”)
Last updated: December 16, 2020
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the LoyalShops Services including, but not limited to LoyalShops Loyalty Rewards Standard, LoyalShops Loyalty Rewards Pro, LoyalShops Live Assistant & LoyalShops Texting Assistant & Texting Services via http://www.loyalshops.com (http://www.loyalshops.com/) website, http://www.liveassistant.shop, http://www.textingassistant.com, http://replysold.com, http://ctr.fit, http://ectr.co, http://lstxt.co, http://lsvip.co, http://regnow.shop, http://txt.fit (the “Services”) operated by Loyal Shops, LLC (“us”, “we”, or “our”).
Your access to and use of these Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
As texting services are a reoccurring-messages program, it’s required to abide by industry and regulator rules when communicating with customers with texting services. When requesting your customers to sign-up for your texting service, it must be stated that the service is a “Recurring Messages” solution. It also must be stated that “Msg & Data Rates May Apply”. The texting service can not referred to as “Free”. STOP and HELP instructions must be shown to customers during sign-up and through customer accessible methods. Customers signing-up with a Web Opt-In and Mobile Opt-In will be required to confirm their agreement with a “Y” or “Yes” when they are prompted on their mobile device.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Some subscriptions including but not limited to Texting are charged on a per use basis. Texts sent out by your account are the responsibility of the account holder to pay. Use of these services means you agree to the terms and conditions for use of the service within policies and that you agree to pay for services used including any messages sent under your account. Texting services are charged at the end of each subscription period. ReplySOLD services are charged with an initial monthly minimum fee at the beginning of each subscription period as stated on our www.loyalshops.com (http://www.loyalshops.com/) marketing site. ReplySOLD will charge at the end of the month a percentage of managed sales started with ReplySOLD and/or Managed through or ReplySOLD service if those combined sales during the subscription month exceed the base ReplySOLD subscription at the time of billing. For example, at the time of this update, ReplySOLD based monthly price was $49.99/mo and or .75% of managed sales, whichever is higher. So in the case of $5,000 in managed sales during the month, .75% of managed sales would be: $37.50. As that is lower than the $49.99 based ReplySOLD subscription, there would not be any additional monthly charge for ReplySOLD. As a second example, if sales were $10,000 for a Subscription month and the percent of managed sales is .75% charge, then that would create a managed sales charge of $75. As the customer is billed the $49.99 at the beginning of the month, this would result in an approximate $25 additional charge at the end of the subscription period as managed sales were higher than the base ReplySOLD membership rate.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Loyal Shops, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Loyal Shops, LLC customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Loyal Shops, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Loyal Shops, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Loyal Shops, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Upon 30 days of non-payment, your subscription will be canceled automatically and withiin another 30 days, your services content will be deleted.
Loyal Shops, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions, cost of text messages, cost of email messages or rates of managed sales for online sales tools including but not limited to ReplySOLD. Any fee change will become effective at the end of the then-current Billing Cycle or on a set date identified by LoyalShops.
Loyal Shops, LLC will provide you with a reasonable prior notice of any change in Subscription, messaging or managed sales fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified fee amounts.
Except when required by law, paid Subscription fees are non-refundable.
Unsolicited Messages, Spam, Phishing Policy
Unsolicited messages, spam or phishing email or text messages, or any fraud or intimidation attempts are not tolerated on LoyalShops services.
Please report any abuse of LoyalShop services immediately to firstname.lastname@example.org or 949-614-5650. Please include or be ready to inform LoyalShops of the details of the concern, contents of any concerning content, and content delivery timing.
Enforcement of LoyalShops Unsolicited Messages, Anti Spam & Anti Phishing Policy
LoyalShops Users agree to the Terms and Conditions when signing up for any LoyalShops subscription. Violations of any of our policies, including unsolicited messages, spam, phishing, or intimidating contact with others using these services or those reached by our services, are not acceptable. Violations of Loyalshops Policies may result in a warning up to and including termination of current and potentially future LoyalShops services. We also reserve the right to report potential illegal acts to law enforcement and communications providers / carriers that are effected.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
You agree that your business, business transactions or communications WILL NOT include any of the following: Gambling – Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance. Regulated or illegal products or services – Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed. Adult content and services – Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features. SPAM, Phishing, Fraud Content – Any kind of illegal content including SPAM or Phishing, Fraud or other illegal content is prohibited.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Loyal Shops, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Loyal Shops, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Loyal Shops, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Loyal Shops, LLC.
By signing up for our service, you agree not to use our service to obtain or gather knowledge of our services, how we use them, solve issues for the purpose of creating a competitive product. By signing up for a LoyalShops or LiveAssistant.Shop account, you agree to not create services that become a competitor to LoyalShops LLC. Services.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Loyal Shops, LLC.
Loyal Shops, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Loyal Shops, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Loyal Shops, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Loyal Shops, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Loyal Shops, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.