Terms and Conditions of Use

Last Updated July 31, 2017

Resale Perks is a division of V2 Technology Solutions, Inc. (“We,” “Us,” “Our,” or “Company”). We provide technology services to various merchants (“Merchant”, or “Merchants”) that provide Perks, Rewards or Loyalty Programs using our website and the services that we provide (collectively, the “Services”) to our users (“you”). Our website located at www.resaleperks.com (the “Site”) and its related services (such services and the Site, together with our mobile and other software applications, collectively, the “Service(s)”), provide users with the ability to earn points and rewards (collectively, “Rewards”) from various participating merchants, subject to the following terms and conditions (“Terms of Use”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time without further notice.

The Service

Registration Requirements: You are required to register with us to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration forms. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. You further agree that you will not provide use with any mobile device numbers that are not assigned to you. Rewards: Any rewards are promotional only and made available by MERCHANT not by us and are redeemable solely for the goods and services offered by MERCHANT. We have no liability if MERCHANT refuses or fails to honor any Reward. Rewards cannot be combined with other rewards, offers, coupons, or promotions or used for taxes or gift cards unless otherwise permitted by MERCHANT. Rewards are void to the extent prohibited by law.

End User SMS Text Message Terms and Conditions

  1. When you opt-in to the Service at our kiosks, we will send you an SMS text message to confirm your signup. By replying YES, you consent to receive, from time to time, further text messages including offers or marketing of goods and services. No purchase is necessary to receive texts, nor is consent to any text subscription required to purchase goods or services.
  2. To stop receiving text messages, simply text STOP to the short code 91904. After doing so, you will receive an SMS message confirmation of your opt-out, and thereafter, you will no longer receive SMS messages from us.
  3. If you forget what keywords are supported by our Service, just text “HELP” to the short code 91904 for simple instructions on how to use our service as well as how to unsubscribe.
  4. The Service is available on many carriers including AT&T, U.S. Cellular, Verizon Wireless, Sprint, Virgin Mobile, Cricket, Boost, Nextel, MetroPCS and T-Mobile. The Service is not compatible with all cell phone models. Neither we nor the Merchant is responsible for any delays in sending or receiving text messages. The mobile carriers are not liable for delayed or undelivered messages. SMS messages may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather.
  5. Message and data rates may apply for messages sent to you from us and to us from you. Depending on your text plan, you may be charged by your carrier. Recurring messages will be sent. If you have any questions about your text plan or data plan costs, please contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected]
  6. If you have any questions regarding privacy, please read our Privacy Policy

Merchant Text Message Terms and Conditions

Content: The term “Content” refers to the data you are asking us to store, process, or transmit to end users. You represent and agree to the following:

  1. You own and/or have licensed the rights to distribute the content to mobile devices.
  2. All Content you send complies with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
  3. The Content adheres to the current U.S. Consumer Best Practices Guidelines published by The Mobile Marketing Association ("MMA").
  4. The Content does not violate any laws or regulations in the United States or any other jurisdiction where the Content is stored, delivered, or transmitted. You are responsible for all content. We only provide you with the service of sending messages to mobile phones.
  5. Campaigns: We may refuse, suspend, or terminate any campaign or account that, in our opinion, is not in compliance with the MMA guidelines or that we believe violates any applicable law or regulation.
  6. Limitation of Liability: You agree that we will not and are not liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to your use of our or the Merchant's Services.

Warranties and Limitations on Liability

We cannot guarantee continuous or secure access to our Services, and operation of the service and Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude and disclaim all express and implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any direct, special, indirect, or consequential damages arising out of your use of our Service or site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us for the Service in the 12 months prior to the action giving rise to the liability.

Indemnification

You will indemnify and hold us and the Merchant (and our respective officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or your use of the Service, to the extent not caused by our breach of the Agreement.

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