Customer Satisfaction, Service, Quality and Trust
Here at Chillbox, we pride ourselves on providing great service, products, and customer support. Please contact us with any questions, comments or issues you may have.
Getting Started
Welcome! This app has a number of features to help you save money and win prizes. You don't have to be a member of a convenience store rewards program to enjoy many of the benefits.
You can track your rewards in the app. Just print a rewards receipt, find the "Consumer ID," and enter that number by tapping the + on the Rewards screen. Not all programs have rewards tags - if you don't have one, it's OK. Keep using the app and you won't miss a thing!
"Places" are what we call stores near you. You can tap to view our Featured places, find places using Categories, or view your own list of Favorites. To look for places by name or location, use the Search feature at the top of the screen. When you find a place, tap it for additional details, including its location, directions, and any deals or rewards offered there.
Deals are special offers that help you save money. Some deals are mobile coupons found exclusively in the app, and others are "Store Specials" that let you know about special pricing.
You can browse deals by viewing our Featured deals, searching for them using Categories, or viewing your own list of Favorites. You can also view any deals offered at a particular place by visiting a store in the app.
- Scroll down the screen for additional information.
- Tap Places for a list of participating stores.
- Claim it by tapping Claim It Now when checking out at the store. You’ll be given a short period of time to show your phone to the cashier. (If a deal is a Store Special, it will tell you that no coupon is required.)
- Mark it as a Favorite by tapping the heart icon. This way, you can quickly find it again on the Home screen or Deals section.
- Share information about the deal via Facebook, Twitter, or email by tapping the Share icon. Some stores may even give you a special reward for sharing!
- Give your feedback to the store's decision-makers by tapping Feedback.
Rewards are incentives that you can earn or win. You don't have to be a member of a store loyalty program to get mobile rewards, but you do have to be registered.
If you do have a rewards tag, you can track your rewards in the app - just print a rewards receipt, find the Consumer ID, and enter that number by tapping the + on the Rewards screen.
Tap My Rewards to view a list of rewards that you're working toward earning, or have already earned. Tap All Rewards to see a full list of rewards offered by a particular program.
Chillbox Rewards Terms
20 POINTS PER DOLLAR in the store. 10 POINTS PER GALLON at the pump.
Scan your Loyalty ID with every purchase to earn points towards this reward! Points are earned for almost every item in our store and are based on in-store dollar amount and number of gallons of fuel purchased. See App for Claim Details. You must be registered to redeem your rewards.
Save on your favorite items! Take advantage of our automated clubs and earn free stuff for everyday purchases! Earn a club credit for every club item purchased, and receive a FREE Reward when club requirement is achieved! You must be registered to redeem your rewards. To register go to Settings, click on Profile and fill out all required fields (APP Instructions only).
Chillbox Everyday Deals are in-store promotions that will automatically be applied when the proper purchase is made. Offers valid only as stated. No coupon required. This is an in-store price promotion that will automatically be applied when required purchase is made. Offer valid only as stated. Available only at participating locations while supplies last. Limits may apply.
PUMP Rollback - Save 5 Cents/Gallon on Gas.
Take advantage of registering your account online. Once your Loyalty ID is successfully registered you earn 5 cents off a Gallon, at participating locations and for 60 days from first loyalty transaction. After the 60 days Promotional Period, you will continue to enjoy 3 cents off a gallon.
Privacy Policy
Chillbox Rewards Powered by AllPoints
AllPoints considers protecting your personal data very important and has developed this Privacy Policy describing AllPoints’ data collection policies and practices. You may choose to set up an account with AllPoints by means provided in the Licensed Application. By using the Licensed Application, or voluntarily sharing personally identifiable information by setting up an account or accessing the Services, you agree to the Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE OR DOWNLOAD THE SERVICES OR LICENSED APPLICATION. AllPoints may revise this Privacy Policy at any time. If AllPoints decides to revise this Privacy Policy, AllPoints will make reasonable efforts to post the changes to this Privacy Policy on its Sites or in the Licensed Application so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Licensed Application following the posting will constitute your acceptance of the Privacy Policy as revised. The Licensed Application may contain links to third-party websites, products, and services. This Privacy Policy only applies to the Licensed Applications, our Sites and our collection and use of your information. The linked websites, products and services of third parties, and their collection and use of your information are governed by the privacy policies of such third parties. We encourage you to learn about the privacy practices of those third parties.
Collection of Personal Information. We do not require you to provide us with personally identifiable information in order to use the Licensed Application. However, if you choose to participate in certain activities offered through the Licensed Application, such as accessing rewards, or creating an account with us, we may ask you to provide us with what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, and home/mobile telephone number, etc.). In addition, you may have the option of providing us with certain demographic information about yourself or your household (such as age, gender, date of birth, household income, and interests) (collectively, all such personally identifiable information "Personal Information"), and you will have the ability to check the type of promotional communications you wish to receive from us and the manner or medium in which you wish to receive them. There may be other occasions not specifically identified in this Privacy Policy when we may ask you to provide us with Personal Information. However, it will always be your decision whether to provide us with your Personal Information, and you can always opt out of receiving promotional communications from us as detailed in this Privacy Policy. In some cases, if you decline to share such information with us, then we may not be able to provide you with certain Services. There are different ways in which we may collect information when you use the Licensed Application, including without limitation when you:
Use the Licensed Application to search for rewards and/or deals.
View, share or redeem rewards and/or deals.
Create an account with us.
Search for and check in at places or locations through the Licensed Application.
Participate in certain programs, offers, and promotions.
Accumulate and distribute reward points through your account.
Automatically Collected Information: When you use the Licensed Application or open one of our emails, we use technology to automatically collect non–personally identifiable information including:
Reward and deal activity (including requesting and claiming).
Search activity (including finding locations and getting directions).
Application activity (such as searches performed and features accessed).
The dates and times that you use the Licensed Application or log in to your account.
Favorites: If you use the rewards section of the Licensed Application, we will collect and store the items that you claim, which locations are favorites, and your ratings for each location, if any. We may also use that information to serve you tailored advertising, deals or other content. We may from time to time share this information with our affiliates who provide rewards through the Licensed Application.
Location Information: Use of the Licensed Application may include location-based services. If you use those services, we may receive information about your location which we may use to send you geographically relevant promotions or advertisements. You will have the ability to turn off the location connection on your device according to your wireless device and carrier settings. The Licensed Application may also provide access to Google Maps API(s). By accessing Google Maps or other related Services, you agree to be bound by Google’s privacy policy, which is hereby incorporated by reference, currently available at http://www.google.com/privacy.html), as amended by Google from time to time.
Analytic Tools: We may use tools to better understand who is using the Licensed Application and how they are using it. These track information such as time of use, websites, rewards, deals, and advertisements visited, and time spent on each advertisement. We use this information to manage and improve the Licensed Application and service contracts with our vendors. We do not use such tools to collect or send device data to any third parties.
Email Information. We may place email links, tools and forms in the Licensed Application to allow you to contact us or our vendors directly. The Personal Information you provide in these links and forms, if any, is used to respond directly to your questions or comments. We may also file your comments to improve our Sites, the Licensed Application, products, or process, or review and discard the Personal Information. All information, other than the Personal Information that you send to AllPoints using these email links, tools or forms, will not be considered or treated as confidential information. Do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential or that you want to be treated as confidential.
Use of Your Personal Information. We use Personal Information to respond to your inquiries, improve our marketing and promotional efforts, to analyze the Licensed Application and service offers, and to customize our Sites, Services and the Licensed Application. We may use Personal Information to deliver information to you and to contact you regarding administrative notices. We may also use Personal Information to resolve disputes and troubleshoot problems. We may also use Personal Information and other collected information as follows.
Operate, maintain, deliver, and communicate with you about the rewards, deals, advertisements, content, and promotional offerings found through use of the Licensed Application.
Manage and store rewards information.
Monitor the effectiveness of marketing campaigns.
Aggregate usage metrics.
Improve the way the Licensed Application works and looks.
Improve our marketing and promotional efforts.
Provide you with custom, personalized reward promotions and advertisements.
Notify you if you win sweepstakes.
Send you messages relating to the use of the Licensed Application.
For other non–marketing or administrative purposes (such as customer service purposes).
AllPoints may provide services for the Licensed Application through contractual arrangements with affiliates, service providers, partners and other third parties ("Service Partners"). AllPoints and its Service Partners use your Personal Information to operate and deliver their products and services. Unless otherwise agreed by you in a separate agreement, AllPoints’ Service Partners may not use your Personal Information to inform you of other products or services available from those Service Partners. If you access to email or text communications from us via a wireless device, you understand that your wireless carrier’s standard rates apply to these messages and that you may change your mind at any time and elect to not receive such messages. You also represent that you are the owner or authorized the user of the wireless device on which the messages may be received and that you understand and are authorized to approve the applicable charges.
Marketing Affiliates: From time to time we share Personal Information with our affiliates or for their marketing or promotional uses. If you choose to participate in the rewards program, then we will share the information you provide to the advertiser who provided the reward or deal. Also, you may be given the option to register with a reward or promotional program of one of our affiliates or sign up for an affiliate’s newsletter. AllPoints does not rent, sell, or share Personal Information about you with non–affiliated companies without your consent or unless we have a good faith belief that access, use, preservation, or disclosure is reasonably necessary to (a) satisfy any law, regulation, legal process or enforceable governmental request, (b) enforce any applicable Terms of Use or agreements (including investigation of potential violations thereof), or (c) detect, prevent or otherwise address fraud, security, or technical issues.
Non–Personally Identifiable Information: We may share non–personally identifiable information with our affiliates when you interact with our promotional content on their websites. An affiliate may match the non–personally identifiable information we provide with Personal Information you have previously provided to that affiliate. We also may share such non–personally identifiable information with third–party ad servers, ad networks, and data exchanges ("Ad Partners") so that they can tailor their advertisements to your apparent interests and deliver those advertisements to you while you are either using the Licensed Application or on third-party websites. However, we do not share Personal Information with Ad Partners, and we do not permit Ad Partners to collect Personal Information about you from the Licensed Application.
Exceptions: We may disclose Personal Information about you if required to do so by law or in the good–faith belief that such action is necessary to comply with local, state, or federal laws or to respond to a court order, judicial or other government subpoena or warrant, or in the event of bankruptcy proceedings. We also reserve the right to share information that we believe, in good faith, is appropriate or necessary to take precautions against liability, protect us or our affiliates from fraudulent, abusive, or unlawful uses, investigate and defend ourselves against any third–party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Licensed Application, and to protect our rights, property, or safety and those of our affiliates and others.
Opt-Out Policy. If you sign up for an account with us, you may modify, correct, or delete your Personal Information and preferences at any time by going to your "Profile" section in the Licensed Application or by contacting us. To protect your privacy and security, we require you to enter your email address and password before allowing access to your Profile. If you no longer wish to receive email or text alerts and other special offers from us you can opt–out by either following the instructions included in each email or text, changing your preferences in your Profile, or by contacting us. If you cease to consent or affirmatively revoke consent for our collection of Personal Information as detailed in this Privacy Policy, we will take reasonably prompt steps to cease all such use. Please note we do not control communications between you and affiliates or other third parties. Please refer to such third party in order to determine their opt-out procedures.
Access and Integrity of Stored Personal Information. The Personal Information you provide to AllPoints during use of the Licensed Application is shown in your account settings. You can help AllPoints maintain the accuracy of your information by updating your account settings any time your Personal Information changes. If you wish to delete the Personal Information that you have provided, subject to your understanding that certain deletions may affect our ability to provide the AllPoints services you have requested, please send us an email at: allpoints@outsitenetworks.com.
Links. Use of the Licensed Application may include links to other applications or sites. This Privacy Policy applies to the Licensed Application only. Any information you submit to linked sites or other applications will be subject to the privacy policies of those sites or applications if any. You should review those policies carefully before providing any information to these linked sites or applications.
Security. AllPoints undertake reasonable and appropriate steps to protect Personal Information from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. However, as no security measures are perfect or impenetrable, we cannot guarantee the security of any information you transmit to us.
Children's Privacy Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain information from persons under 13 years of age, and no part of the Licensed Application is structured to attract anyone under 13. If you are under 13 years of age, please do not use or access the Licensed Application at any time or in any manner. If we learn that Personal Information of persons under 13 years of age has been collected through the Licensed Application without verified parental consent, then we will take the appropriate steps to delete this information.
Special Note to International Users The Licensed Application is hosted in the United States and is intended for and directed to users in the U.S. If you are a consumer using the Licensed Application from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, please be advised that through your continued use of the Licensed Application, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the U.S., and you consent to that transfer.
Notice of Privacy Rights to California Residents
CALIFORNIA USERS: YOUR CALIFORNIA PRIVACY RIGHTS
For residents of California Only. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ personal information with third–parties. Those businesses are required to accept such requests from customers but are only required to honor one request per the calendar year. Businesses have thirty (30) days to respond to each inquiry. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of the third–party businesses. In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business. If you are a current California resident and have provided your Personal Information to AllPoints, you may request such disclosure from AllPoints by sending correspondence noting your name, address, and email address. You must also include a request that AllPoints provide such disclosure to you by using the following or similar verbiage: "I request that AllPoints provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code." The request may be made by email or standard email to the address found below.
Contact Information. If you have any questions or complaints regarding how your Personal Information is treated under this Privacy Policy or generally about the implementation of the principles of this policy, we encourage you to first contact us by email at allpoints@outsitenetworks.com
End Users License Agreement
Powered by AllPoints
This is an agreement between you ("YOU") AND OUTSITE NETWORKS INCORPORATED, TOGETHER WITH ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "ALLPOINTS," "WE" or "US"). Please read the following terms and conditions carefully. These terms, along with the AllPoints Rewards Privacy Policy discussed below, (together, these terms and the Privacy Policy are called the "Terms"), govern your access to and use of the AllPoints Rewards mobile application (the "Application") and any related interactive and informational services made available to consumers ("Services") on any media platform (together, the Application and Services are called the "Program"), and constitute a binding legal agreement between you, as a user of the Program, and AllPoints Rewards, the provider of the Program (the "Agreement"). Your access to and use of the Program requires your compliance with the Terms. By downloading the Application, or accessing and/or using any portion of the Program, you agree to be bound by this Agreement.
Subject to your compliance with the Terms, you may download and install one (1) copy of the Application to your supported device, and access and use the Services, solely for your own personal and non–commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else; (iii) reverse–engineer, decompile or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. Furthermore, you agree that you will NOT use the Application to:
upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; stalk, harass, threaten or harm another; request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor’s school, church, athletic team or friends; pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service participant, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Apple reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities; No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AllPoints Rewards or its licensors.
In order to access certain features of the Services, you have to "register" (create a "Profile"). To create an Account, you must be at least 16 years of age or older at the time of registration, to participate in the Program. If you are younger than 18 years of age, then you need to ensure that your parents’ consent to your using the Services and redeeming rewards. If you are 18 years of age or older, you may be eligible to view "age restricted" content. You have control over the age restricted content through settings in your profile. If you register, you will be asked to choose a user name and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Profile, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating a Profile you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.
AllPoints reserves the right, in its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. Without limiting the foregoing, AllPoints shall have the right to immediately terminate or suspend any of your passwords or accounts without notice, in the event of any conduct by you or which AllPoints, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. AllPoints may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Licensed Application. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy any and all copies, full or partial, of the Licensed Application. In addition, AllPoints may, in its sole discretion and at any time, discontinue providing or limit access to the Services (defined below).
Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exist between you and AllPoints as a result of this Agreement, or use of the Application.
Discounts and rewards may be made available to you in a variety of ways from participating third-party businesses(Partners). Terms and conditions for each Deal or Reward are communicated by the Partner in the Fine Print located on the individual Deal or Reward detail screen.
As part of the Services we provide, you may receive push notifications, home screen alerts, text messages, emails or other types of messages directly sent to you outside or inside the Application ("Push Messages"). You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services or through the phone’s operating system. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
The Application may enable access to AllPoints’ and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and you accept any additional terms of service thereto. You must comply with any third party terms of agreement when using the Application or accessing such Services.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that AllPoints shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that AllPoints is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. AllPoints does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You bear all risks associated with your access and use of any Third Party Materials. Further, links to Third Party Materials do not imply endorsement by or affiliation of AllPoints with any third party or any third party web site, products and/or services.
Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. Neither AllPoints, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness location data or notification data displayed by any Services. YOUR USE OF ANY LOCATION DATA FOR REAL TIME ROUTE GUIDANCE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. The Services may also provide access to Google Inc. ("Google")’s Maps program. By using or accessing such Services, you agree to be bound by any of Google’s applicable terms of use or service.
You agree that Services contain proprietary content, information and material, that is protected by applicable intellectual property and other laws, including without limitation copyright and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that AllPoints is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to or from your device are not available in all languages or in all countries. AllPoints makes no representation that such Services and materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. AllPoints, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will AllPoints be liable for the removal of or disabling of access to any such Services. AllPoints may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You understand that AllPoints may offer integration of its own and/or with third party Services for your convenience. Further, you understand that AllPoints is not affiliated with or otherwise sponsored by these third party services. AllPoints makes no representation or warranty regarding the activities, products and services of, updates to, or privacy practices of any third parties, which may differ from those of AllPoints. The personal data you may choose to give to such third party Services are not covered by AllPoints’ Privacy Policy. Some third party companies may choose to share their personal data with AllPoints, in which case such data sharing shall be governed by that third party’s privacy policy. The personal data you may choose to give to AllPoints by means of downloading the Application or maintaining an account with AllPoints shall be governed by AllPoints’ Privacy Policy.
All comments or materials submitted by you to AllPoints, its affiliates, and licensors through the Services or Application, including without limitation, feedback, data, information, testimonials, images, reviews, questions, comments, ideas, suggestions, or concepts, know-how, techniques or methodologies contained within such content (collectively, "User Content") shall be received and treated by AllPoints, its affiliates and licensors, on a non–confidential and unrestricted basis. Further, by submitting such User Content, you hereby grant AllPoints a non–exclusive, royalty-free, perpetual, irrevocable license to use, copy, reproduce, modify, display, perform, distribute, adapt, promote, publish, edit, and translate, in any medium now known or later developed, the User Content, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such User Content. You agree that your User Content will not violate this Agreement or any third party rights, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary right, and that your User Content will not cause injury to any person or entity, or contain libelous or otherwise unlawful, threatening, abusive or obscene material, viruses, commercial solicitations, or any form of "spam."
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ALLPOINTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD–PARTY RIGHTS. FURTHER, ALLPOINTS MAKES NO WARRANTY THAT (A) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (B) THE APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF THE APPLICATION WILL MEET YOUR EXPECTATIONS, OR (E) DEFECTS IN THE APPLICATION WILL BE CORRECTED. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE APPLICATION IS USED BY YOU AT YOUR OWN RISK. ALLPOINTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE LICENSED APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALLPOINTS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU FURTHER ACKNOWLEDGE THAT NEITHER APPLE NOR ALLPOINTS HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE LICENSED APPLICATION.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ALLPOINTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OR INABILITY TO USE THE APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ALLPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. In no event shall AllPoints’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Without limiting the generality of the foregoing, you acknowledge that AllPoints, not Apple, is responsible for addressing any claims relating to the Application and your use or possession of the Licensed Application, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, FOR THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS OF USE ARE HELD TO BE LEGALLY INVALID, THEY SHALL ONLY APPLY TO THE EXTENT OF THEIR VALIDITY; FURTHER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.
You may not use or otherwise export or re–export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re–exported (a) into any U.S. embargoed countries, or countries that have been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202–1 through 227.7202–4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished–rights reserved under the copyright laws of the United States.
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Regardless of where you access or use the Licensed Application, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed and adjudicated only in the federal or state courts located in Norfolk, Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of this Agreement. Your use of the Application may also be subject to other local, state, national, or international laws.
Copyrights and Trademarks. Except where otherwise specified, the contents of the Application are Copyright © 2011 Outsite Networks Incorporated. All Rights Reserved. The AllPoints and Outsite Networks Incorporated names, marks, and logos are trademarks of Outsite Networks Incorporated. You may not use or frame any AllPoints name, trademark, logo or other proprietary materials or content, without AllPoints’ prior written consent. All other trademarks, logos and service marks are the property of their respective owners. You acknowledge that, in the event of any third party claim that the Application or your use or possession of the Application infringes a third party’s intellectual property rights, AllPoints, not Apple, will solely be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The contents of the Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Application without the prior written consent of AllPoints.
Please direct any questions or comments to AllPoints in the form of an email to: allpoints@outsitenetworks.com or by mail at:
Outsite Networks Incorporated
2551 Eltham Ave, Suite N.
Norfolk, VA 23513
Attn: Legal Dept
Indemnity. You agree to defend, indemnify and hold AllPoints and its officers, directors, employees, agents and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Licensed Application or your violation of this Agreement.
Third Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
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