Terms of Service

The following terms and conditions (the “Agreement”) form a binding agreement between you and us. Please review the following terms carefully. By using the Website or any localflavor.com Services, you are agreeing to these terms, as well as our Privacy Policy (published at www.localflavor.com/Legal/PrivacyPolicy and incorporated here by reference), Please read our Privacy Policy so that you can make informed decisions about participating in Local Flavor or using our services These Terms of Service and our Privacy Policy will govern your use of the Site and our Services. Please read this Agreement and Privacy Policy carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. If you do not agree to these terms, you must cease use of the Site and our Services.

The terms: LocalFlavor.com or Local Flavor or “us” or “we” or “our” refers to Local Flavor Inc., the owner and operator of the Site. The term “you” refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

1. Our Services
2. Our Website
3. Important Information About Procedures for Opening a New CashWards Card
4. Using Your Card
5. Conditional Use of Our Site and Services

Our Services

LocalFlavor.com is an online service whereby you, and others, may obtain or view information about our participating third party restaurants, bars and other merchants and participate in our CashWards™ Card Program (the “Services”) through our Website located at www.localflavor.com and mobile phone applications (the “Site”). The Services and Site are collectively referred to here as “localflavor.com.”

To Become a Local Flavor Member

1. To become a member of and participate in Local Flavor, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract, complete our enrollment process, and agree to the terms of this Agreement.
2. To participate in Local Flavor you must complete all of the required Enrollment Information on our Website at www.localflavor.com/signup other designation for enrollment.
3. To participate in Local Flavor you must register with us at least one valid Visa® or American Express® payment card. The term "payment card" includes credit cards, debit cards and other pre-paid payment cards, such as gift or rewards cards. We refer to the payment card(s) that you register with us as "Registered Cards". You may register an unlimited number of Visa or American Express Cards at any time.

Our Website

Our Website will have listings of various restaurants, bars, entertainment venues and other merchants which are Local Flavor Participants. These listings will have descriptions of the Participants, sample menus, directions and offers of special rewards known as “CashWards.” To become a Local Flavor Member and become eligible to participate in the CashWards Program, you must register at our Website and provide the information required including your name, address, date of birth, Social Security Number and the Visa or American Express Card(s) that you will use to pay for purchases at a Local Flavor Participant. You may provide your Social Security Number and Date of Birth to us after you have qualified for a CashWards Card, but we cannot issue a reloadable CashWards Card to you until you have provided us with this information. See the statement below regarding the federal government requirements for issuing a new CashWards Card.

The CashWards Program

The CashWards Program is a reward program offered by Local Flavor to its Registered Members. After you qualify, a Local Flavor CashWards Prepaid Debit Card will be issued to you. To obtain a CashWard you must use one of the payment cards you have registered at Local Flavor Participating Restaurants to pay for meals and beverages. Each Local Flavor Participating Restaurant may place CashWards offers on the site. If you (1) dine at a Participating Restaurant, (2) meet the terms of the offer described on the Local Flavor Website and (3) pay with one of your registered payment cards, you will be credited with a CashWard. The amount of the CashWard shall be the amount set forth in the Participating Restaurant’s Offer. A Participant may offer several different CashWards at any time. A CashWard may be offered for spending at least a certain amount, the number of visits to the Participating Restaurant, a first time visit or a Birthday Offer among other types of Offers. Initially, you must accumulate at least $ 20 of CashWards before they are loaded to a CashWards Card and the Card is issued to you. Thereafter, a minimum of $ 5 of new CashWards must be earned before the new CashWards are loaded to your Card. Loads will occur no less frequently than monthly, if earned and meet the minimum requirement.

Qualifications & Limitations for the CashWards Program

1. You must be a Registered Member of Local Flavor.
2. The Participating Restaurant must be a Participating Member on the date you make your purchase.
3. You will not be issued a CashWard Card until you have earned a minimum of $ 20 in CashWards under the Program.
4. You will not receive a CashWard for any purchase which is not specifically part of the Participating Restaurant’s CashWard Offer.
5. The rewards that you earn may vary depending on a variety of factors, such as the Participating Merchant and their Offer.
6. A CashWard may be offered for spending at least a certain amount, the number of visits to the Participating Restaurant, a first time visit or a Birthday Offer among other types of Offers.
7. Other conditions for earning rewards (for example, building a minimum amount of benefits ($ 20 prior to issuing a CashWard Car) may be applicable. Information on the type, amount, limits and other conditions on rewards, as well as on current Participating Merchants, is posted on our Website. You are responsible for reviewing this information before you make a purchase at a Participating Merchant, as these details may change from time to time and may affect the rewards you receive.
8. We provide mobile smart phone applications that you may use to get information about Local Flavor and the CashWards that are available at Participating Restaurants. The mobile smart phone applications may not provide all of the limits and other conditions for earning rewards and may not reflect future changes in your Local Flavor CashWards status when displaying rewards for future dates. You should refer to the Website for limits and other conditions on rewards and the amount of rewards available for future dates.

Important Information About Procedures for Opening a New CashWards Card

To help the government fight the funding of terrorism and money laundering activities, Federal law (USA Patriot Act) requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. your Card will be issued by Palm Desert National Bank. The Card is considered to be like an account at that bank. What this means for you: When you open an account, we will ask for your name, address, date of birth, Social Security Number and other information that will allow us to identify you. We may also ask you to enter your driver's license state and number.

Using Your Card

Activation

You will need to activate your Card when you receive it. You may do this by calling 855-755-1500 and following the prompts Once your Card is activated you may use it immediately. You may also obtain the amount of the initial Available Funds under the transaction history on the website.

Expiration Date

The CashWards Card and the funds on the Card will expire three (3) years from its issue date as set forth on the front of the Card. If you are an active Local Flavor Member when the Card and funds expire, we will issue you a new CashWards Card once you have earned the minimum CashWard amount for issuing a new Card after the expiration of your previous CashWards Card. Your Card is a Prepaid Reward Card loaded initially with a specific value. The Card is not connected in any way to any other account.

How to Use Your Card

You may use your CashWards Card to obtain goods and services everywhere VISA Debit cards are accepted. YOU ARE NOT ALLOWED TO USE THE CARD FOR UNAUTHORIZED PURCHASES OR TO EXCEED THE VALUE OF FUNDS AVAILABLE ON YOUR CARD. THERE IS NO CASH OR ATM ACCESS TO THE VALUE AVAILABLE ON THE CARD. There is no PIN Number for this Card and it is to be used with your signature only. The Card cannot be used to obtain cash, perform illegal transactions, or used for on-line gambling activity. For security and promotional reasons, we may limit the amount or numbers of transactions you can make on your Card. you do not have the right to stop payment on any transaction made with your Card. If you use your Card number without presenting your Card (such as for a internet, mail order or telephone purchases), the legal effect will be the same as if you used the Card itself. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a system malfunction or otherwise, you agree to remain fully liable to us for the amount of the transaction and any applicable fees or charges. If you wish to use your Card for a purchase that is greater than the balance of the funds available on your Card, you must tell the merchant to charge only the exact amount of funds available on the Card and then you must arrange to pay the difference using another payment method. The merchant may require payment for the difference in cash rather than accepting another card, such as a credit or debit card. Some merchants may not accept these “split transactions”. If you fail to inform the merchant prior to completing the transaction, your Card is likely to be declined. If you commence a purchase and then change your mind and fail to make the purchase, after the merchant has already obtained an “authorization” for the transaction, the “authorization” may result in a temporary hold for that amount of funds for up to ten (10) days. Car and hotel authorizations may result in a temporary hold on funds up to thirty (30) days.

Loads and Reloads of the Card

The initial load and issuance of the Card will occur after you have accumulated at least $ 20 of CashWards. Thereafter, the Card will be loaded each time you have earned at least $ 5 of CashWards. Loads will occur no less than monthly unless you have not earned the minimum amount since the last load. The maximum initial load to the Card will be $ 150 and the maximum amount of any reload is $ 250. The Maximum amount allowed on the Card at any one time is $ 1,500.

You may not load the Card with your own funds.

Authorized Users

You are wholly responsible for the use of each Card according to the terms of this Agreement.

Receipts

You will get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. It may take up to seven (7) days for the amount of the refund to be credited to your Card.

Card is Like Cash

Your CashWards Card is like cash. Please treat it carefully and if you lose it or it is stolen, please call us immediately at 1-855-755-1500 to report it to us.

Card Information

You may access our website at https://www.localflavor.com/account to obtain information on the amount of Available Funds or to see a history of your transactions prior to your Card expiration date at any time.

Conditional Use of Our Site and Services

Your permission to use our Website is conditioned upon your agreement that you:

1. are 18 years of age or older
2. will comply with our Terms of Service
3. will not copy or distribute any part of LocalFlavor.com in any medium without our prior written authorization
4. will provide accurate information when creating an account or registering for Membership
5. are solely responsible for your User ID and the activity that occurs while signed in to or while using LocalFlavor.com or using your User ID
6. are solely responsible for your Content submissions, including discussion posts, comments and links, pictures, and other such content
7. represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize LocalFlavor.com to use any and all Content submitted by you to LocalFlavor.com in accordance with the licenses granted in this Agreement
8. hereby grant each LocalFlavor.com user, whether using LocalFlavor.com or an application authorized by LocalFlavor.com but developed via a third-party developer, a non-exclusive license to access the Content you submit through LocalFlavor.com and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through LocalFlavor.com’s functionality and under these Terms of Service
9. will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to LocalFlavor.com; and
10. hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Passwords

We may establish an account on the Website for you in which you can obtain information, from time to time, about your participation in Local Flavor, access to your account at the Website requires you to use a login identification, which we refer to as a Login ID, and password that you select. you agree to keep your Login ID and password confidential and not share them with anyone else. We may treat any person using your Login ID and password to have authority to access your account and act on your behalf with respect to Local Flavor and the services we provide.

Limited License

We grant you a non-exclusive, non-transferable, limited right to access, display and use the Website, and all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials (we refer to these items collectively as "Contents") on the Website, for your personal, non-commercial purposes. We also authorize you to download Content on the Website, subject to your agreement that: (1) you will not obtain any ownership or title to the Content; (2) you may use the Content solely for your personal use in learning about, evaluating, or participating in programs offered by us, and not for any commercial purposes; (3) you may not modify the Content, or sell, assign or transfer the Content to any person; (4) you may not reproduce, disclose, display or distribute the Content in any public or commercial manner; and (5) you will not alter or remove any copyright notice, proprietary legend or other notice contained in any Content. The Website as a whole, and all Content, is protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to us, unless otherwise noted. The Website contains our service marks, including, but not limited to Rewards Local Flavor® and CashWards℠. All rights in the intellectual property relating to the Website and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Website or the Content.

User Conduct

You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked Websites; (2) disrupt or interfere with any other person's access, use or enjoyment of the Website or affiliated or linked Websites; (3) upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; (4) use or attempt to use or access another person's account or personal information, or create or use a false identity on the Website; (5) attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access; and (6) violate any local, state or federal laws or regulations that apply to your access to or use of the Website.

Liability for Any Loss or Damages Arising from the Content or Provision of Services of Any Third Party Service or Resource

You will be responsible and liable for any information you post to the Local Flavor Website or for any link you establish to the Lo9cal Flavor Website. Any false or misleading use of the Website or our trademarks or service marks is prohibited. You may not use any robot, spider or other device to monitor Content on the Website.

Limitation of Damages

All information provided on the Website is subject to change without notice. While efforts have been made to make the Website helpful and accurate, we do not warrant the accuracy of the information on the Website. We do not provide a warranty regarding virus-free use of the Website or use of any Content downloaded from the Website. Further, we are not responsible for any information, statements or opinions of a Local Flavor Member that are posted to the Website by a Member.

THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

THESE LIMITATIONS OF LIABILITY SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Indemnity

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your use of the Website, except to the extent that we fail to perform our express obligations to you under this Agreement.

Electronic Communications

The communications between you and Local Flavor use electronic means, whether you visit the Site or send us emails, or whether Local Flavor posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Local Flavor in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Local Flavor provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Changes

We reserve the right, at our sole discretion, to modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when posted on the Website or the date when e-mail notice of the change is sent to you. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Website or remove any content without notice or liability.

Reservation of Rights and Release

Local Flavor reserves the right, but has no obligation, to monitor, or take any action Local Flavor deems appropriate regarding disputes that you may have with any Participating Restaurants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Participating Restaurants.

Enforcement and Choice of Law

This Agreement shall be governed by the laws of the state of Delaware, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable.

Our Privacy Policy

Our privacy policy describes the types of information that we may collect when you visit the Website, register as a Member and how we may disclose that information. By using the Website, you agree to the terms of the Privacy Policy.

Entire Agreement

Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these terms constitute the entire agreement between you and us governing your use of this Website. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.

The Website Terms of Use were last revised on December 21, 2010.
© 2010 Local Flavor Inc. All Rights Reserved.