Bonneau Bonus! Legal Statements
End-User Agreement for Android and iPhone App
Last Updated: March 2021 (Application ver. 3.0)
TERMS OF USE
BY USING BONNEAU BONUS! MOBILE APPLICATION ("THE "APPLICATION"), YOU (THE "USER") ACCEPT THESE TERMS OF USE ("TERMS"). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND BONNEAU BONUS! LLC. INCLUDING ITS SUBSIDIARY, RELATED, AND AFFILIATED COMPANIES. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. THESE TERMS ARE ALSO AVAILABLE ON THE BONNEAU BONUS! WEBSITE (BONNEAUBONUS.COM) AND IN THE APPLICATION'S ABOUT US SCREEN. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
A. Age Restriction
Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User's parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.
B. Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. ("Apple") and incorporate and supplement Google LLC ("Android) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service and Android Terms and Conditions (available at https://www.android.com/enterprise/terms/) including without limitation the Licensed Application End User Agreement therein ("Apple Terms" and "Google Terms"). These Terms also incorporate, and supplement other terms, conditions, and policies of Bonneau Bonus! LLC posted at Bonneau Bonus! Rewards Program including without limitation the following related terms, conditions, and other policies, the location, and terms of which may be changed from time-to-time.
- Bonneau Bonus! Terms of Use (available at Bonneaubonus.com)
- Bonneau Bonus! Privacy Policy (available at Bonneaubonus.com)
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
C. End-User License
Subject to these Terms, Bonneau Bonus! LLC, grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an Android Phone, Android Tablet ("Android Device"), Apple iPhone, iPad, or iPod Touch ("iOS Device") owned or controlled by User as permitted by the Usage Rules contained in the Apple and Google Play Terms and accordance with these Terms ("User License"). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification, or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application ("Content") is prohibited. This Agreement and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
Bonneau Bonus! Rewards Program Virtual Card Feature
Using the Application's Virtual Card features, the User agrees to the Bonneau Bonus! Terms and Conditions, Terms of Use, and Privacy Policy (available at Bonneaubonus.com). Bonneau Bonus! LLC reserves the right to change such terms and conditions and privacy policy and/or discontinue the Application's Bonneau Bonus! Rewards Program card features at any time and without notice to the User.
D. User Information
Application features, such as Virtual Bonneau Bonus! Rewards Program card, store locator, mobile gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User's personal information, including, without limitation, usernames, passwords, proper names, email address, address, location, financial information (including credit card information), virtual Bonneau Bonus! Rewards Program card information, GPS location information, and information for and from third-party social-media accounts (collectively "User Information"). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to Bonneau Bonus! LLC, including its agents and third-party partners, and consents to Company Name, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and the purposes disclosed in one or more of the Bonneau Bonus! Rewards Program Privacy Policies identified in this Agreement.
However, the User is solely responsible for the confidentiality and security of User Information sent from or stored on the iOS Device by the Application. The User is also solely responsible for all transactions and activities are undertaken by anyone or anything with any Virtual Bonneau Bonus! Rewards Card registered in the User's name, whether authorized or unauthorized. This includes all unauthorized purchases made from the Virtual Bonneau Bonus! Rewards Program Card feature. The User agrees to notify Bonneau Bonus! LLC of any suspected unauthorized transactions associated with the Application or any other security breach. Bonneau Bonus! LLC shall not be responsible for any losses arising from User Information's financial loss or theft due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the iOS Device, including without limitation password-protecting the iOS Device and employing Apple's remote-wipe feature.
E. Prohibited Uses
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair Bonneau Bonus! Rewards Program servers or networks or those of their 3rd party provider;
- attempts to gain unauthorized access to a Bonneau Bonus! or 3rd party provider computer network;
- attempts to gain unauthorized access to Rewards Program Name user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- fails to comply with applicable third-party terms and conditions or other third-party policies (collectively "Acceptable Use").
Bonneau Bonus! LLC reserves the right, in its sole discretion, to terminate any User License, remove. content assist law enforcement in the prosecution of criminal liability or assert a civil or criminal legal action concerning Content or use of the Application, including any Virtual Bonneau Bonus! Rewards Program Card, that Bonneau Bonus! LLC reasonably believes is or might be in violation of these Terms. Still, failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
F. User-Generated Content
The User may generate content, written or otherwise, using the Application ("User-Generated Content"). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Bonneau Bonus! LLC (for example, in product marketing campaigns). User grants Bonneau Bonus! and its successors a worldwide; irrevocable; transferrable; sub-licensable; fully paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
G. Indemnification
User agrees to indemnify and hold harmless Bonneau Bonus! LLC, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof Bonneau Bonus! LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In this event, the User will cooperate in asserting any available defenses.
H. No Warranties
BONNEAU BONUS! LLC IS PROVIDING THE APPLICATION AND CONTENT TO THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MILLER OIL CO. INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
I. No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL BONNEAU BONUS! LLC OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER CONCERNING USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. BONNEAU BONUS! LLC, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
If applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other damages, in no event shall Bonneau Bonus! LLC, its agents, or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for the use of the Application or $100, whichever is less.
J. Intellectual Property
Bonneau Bonus! Rewards Program and Bonneau Bonus! LLC logos, and other Bonneau Bonus! Rewards Program or Bonneau Bonus! LLC trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of Bonneau Bonus! LLC or other companies of Bonneau Bonus! LLC. Other trademarks, service marks, graphics, and logos used in connection with the Application are their respective owners' trademarks (collectively "Third-Party Marks"). The Bonneau Bonus! Rewards Program and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the express written permission of Bonneau Bonus! LLC, obtained in advance of such use. Permission requests should be sent to [email protected]. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights. They may also have security components that protect digital information only as authorized by the Bonneau Bonus! LLC or the Content owner.
K. Choice of Law, Jurisdiction
These Terms are governed by the laws of the Commonwealth of the United States of America, without regard to State conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in County, State, United States of America and the federal courts in the United States District Court for the District of State, State, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
L. Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Bonneau Bonus! LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
M. Modification of these Terms
Bonneau Bonus! LLC reserves the right to change or modify these Terms or any other Bonneau Bonus! Rewards Program terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and its sole discretion by posting revisions on the Bonneau Bonus! Rewards Program website (Bonneaubonus.com) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User's acknowledgment and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Bonneau Bonus! LLC shall have any legal effect as a waiver by Bonneau Bonus! LLC of any Terms of this Agreement.
N. Third-Party Beneficiary
User agrees that Bonneau Bonus! LLC service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
O. Contact Us:
If you have any questions regarding our privacy practices, you can email us at [email protected] email for Bonneau Bonus! Rewards Program.