This is an agreement between you (“YOU”) AND Folk Oil Company, Inc. (“WE” or “US”). Please read the following terms and conditions carefully. These terms, along with the Privacy Policy discussed below, (together, these terms and the Privacy Policy are called the “Terms”), govern your access to and use of the 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 Us, 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:
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 13 years of age or older at the time of registration, to participate in the Program. 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.
We reserve the right, in our 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, we 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 we, in our sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. We 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, we may, in our sole discretion and at any time, discontinue providing or limit access to the Services. 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 us as a result of this Agreement, or use of the Application. 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 ours 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 we 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 we are 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. We do not warrant or endorse and do 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 web sites 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 us 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 we, nor any of our 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 we are 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. We make 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. We and our licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Services. We may also impose limits on the use of or access to certain Services, in any case and without notice or liability. You understand that we may offer integration of its own and/or with third party Services for your convenience. Further, you understand that we are not affiliated with or otherwise sponsored by these third party services. We make no representation or warranty regarding, the activities, products and services of, updates to, or privacy practices of any third parties, which may differ from ours. The personal data you may choose to give to such third party Services are not covered by our Privacy Policy. Some third party companies may choose to share their personal data with us, 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 us by means of downloading the Application or maintaining an account with us shall be governed by our Privacy Policy.
All comments or materials submitted by you to us, our 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 us, our affiliates and licensors, on a non-confidential and unrestricted basis. Further, by submitting such User Content, you hereby grant us 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. WE 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, WE MAKE 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. WE 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 US OR OUR 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 We 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 WE OR OUR VENDORS 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. In no event shall our or our vendors 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 we, not Apple, are 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.
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 State of Michigan, 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 Lansing, Michigan 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. All 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, we, 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 our prior written consent. Indemnity. You agree to defend, indemnify and hold us and our officers, directors, employees, agents, vendors 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.