COLLOQUY Terms & Conditions
colloquy.com Website Use Terms & Conditions
Welcome to the COLLOQUY.com website (the "Website") operated by LoyaltyOne US, Inc. an Alliance Data Systems Company (“LoyaltyOne”). The Website services (collectively, the "Services") are offered by LoyaltyOne through Web pages that display the COLLOQUY navigation bar. These Website Use Terms and Conditions contain legal obligations to which you will be bound upon using the Website. Please read them carefully. Your access or use of this Website is expressly conditioned upon your acceptance of these Website Use Terms and Conditions, and any access or use of any portion of the Website constitutes your agreement to be bound by the Use Terms and Conditions. If you do not agree with these Website Use Terms and Conditions in their entirety, do not access or use any portion of this Website.
Except as otherwise stated in this Website, you may view, display, download or print ("Use") any page of this Website, subject to the following conditions:
- You use the material contained therein (including but not limited to text, graphics, images, data or sound, collectively, "Content") solely for personal, non-commercial purposes;
- You do not modify the Content therein in any manner, nor perform, publish or otherwise make public, or create derivative works of the content or any portion thereof;
- You do not remove, obscure or modify any copyright, trademark or other legal notice;
- You do not transfer to any person, entity, or computer, server, or other communications medium any Content found on or derived from this Website for your own or any third party's commercial purpose;
- No other uses of the Website are permitted without the express written consent of LoyaltyOne, and all rights herein not granted expressly granted are reserved.
3. Rules and Conduct.
You agree not to use the Website to:
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
- use the Website in a manner which is contrary to law, or would serve to restrict, inhibit or have a negative or damaging effect upon LoyaltyOne or any other user;
- use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
- adapt, translate, modify, decompile, disassemble, remove, or reverse engineer any software, applications, programs or devices used in connection with the Website;
- use or otherwise exploit this Website for any purposes other than as expressly provided by these Website Use Terms & Conditions.
4. Intellectual Property.
All right title and interest in this Website and the intellectual property and other proprietary rights in and affecting this Website (and all Content therein) including, without limitation, copyright, trademark, patent, proprietary information and trade secrets applicable thereto (collectively, "Intellectual Property") are owned by LoyaltyOne or third parties with all rights reserved. Except as expressly provided, nothing herein or within the Website shall be construed as conferring any license under any of the Intellectual Property rights of LoyaltyOne or any third party, whether by implication, waiver, estoppel, or otherwise. COLLOQUY is a trademark of Alliance Data Systems Corporation used under license by LoyaltyOne US, Inc., an Alliance Data Systems Company, Inc.
Comments, suggestions, ideas or materials sent or transmitted to COLLOQUY.com by you or on your behalf will be deemed non-confidential information and will become the property of LoyaltyOne. LoyaltyOne will have no obligation with respect to such submissions and will be free to use (without limitation as to time, media or geography), copy, modify, make derivative works and/or distribute or transfer it to third parties without limitation, for any purpose, commercial or otherwise, without compensation or acknowledgment to you.
You may not create any hypertext link to this Website, nor use framing or other techniques to enclose or use any COLLOQUY trademark, logo or other Intellectual Property or Content found herein as links without the prior written consent of LoyaltyOne.
8. Monitoring, Deleting and Disclosure Notice.
LoyaltyOne may, from time to time,
- monitor the Website and collect information on Website user activity and any Content posted or provided, irrespective of who posted/provided the Content or whether it was posted/provided properly or in violation of these Website Use Terms and Conditions; and
- employ a device to cause deletion of Content that is found on any computer when such computer's browser is opened. LoyaltyOne may disclose any information as necessary to satisfy any law, regulation or other governmental or third party request COLLOQUY deems appropriate. LoyaltyOne shall have no duty or obligation to challenge the scope or validity of any government or court order to disclose any such information.
9. Downloads and Shareware.
This Website may, from time to time, contain software that may be available for downloading by various third parties. Such software is available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that LoyaltyOne shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
You acknowledge and agree that LoyaltyOne, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any portion thereof. You further agree that LoyaltyOne will not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this Website or any Content, or with any terms, conditions, rules, policies, guidelines, or practices of LoyaltyOne in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
11. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT LOYALTYONE MAKES NO WARRANTY OR, REPRESENTATION (COLLECTIVELY, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. LOYALTYONE MAKES NO WARRANTY THAT THIS WEBSITE, OR ANY CONTENT OR FUNCTION CONTAINED THEREIN WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE/VIRUS-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCH CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COLLOQUY MAKES NO WARRANTY REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
12. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LOYALTYONE OR ITS CORPORATE AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, LOSS OF PROGRAMS OR OTHER DATA, OR LOSS OF USE, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER LOYALTYONE HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITE, OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE OR ITS CONTENT, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. Some jurisdictions may not permit the exclusion or limitation of warranties or damages in certain types of agreements and the foregoing exclusions and limitations may not be applicable to you.
13. Indemnity and Release.
You agree to defend, indemnify and hold LoyaltyOne, its parent, affiliates, subsidiaries, and third party information providers, and their respective, officers, directors, employees agents and contractors (collectively, "Indemnitees") harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with:
- any violation of these Website Use Terms and Conditions;
- use of the Website; the Website Content;
- unauthorized use of any user ID or password provided to you; or
- your service upon LoyaltyOne a subpoena or other court or governmental order to produce a person or record in connection with a legal or equitable action or matter to which LoyaltyOne is not a party.
- You hereby release and forever discharge the Indemnities in connection with any error, omission, interruption, deletion, defect, or delay in operations or transmission of this Website; and technical, network, telephone, communications, computer hardware or software malfunctions or errors of any kind.
14. International Use.
You agree to comply with all local laws and rules including, without limitation, laws governing the Internet, data, email, Intellectual Property and privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and/or work.
This Website originates in Ohio, United States of America. These Website Use Terms and Conditions shall be governed by and construed in accordance with the laws of Clermont Country, Ohio applicable therein.
These Website Use Terms and Conditions may be updated and amended from time to time by LoyaltyOne, with or without notice, and constitute the entire agreement between LoyaltyOne and you pertaining to your use of the Website. Failure of LoyaltyOne to insist upon or enforce strict performance of any right or provision of these Website Use Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Website Use Terms and Conditions is determined to be void, invalid or otherwise unenforceable pursuant to a court of competent jurisdiction or arbitrator, such determination shall not affect the remaining provisions (or parts thereof) contained herein.