CellAllure® Earn™

 

Terms of and Conditions.

 

Effective:  August 2017

                                                                                                            

 

These Terms of Use (“Terms”) govern your download and use of the CellAllure®Earn™ smartphone and related application (the “App”) and website (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (“Content”). By accessing or using the Services you agree to be bound by these Terms. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.  The Services are owned and operated by GNJ Manufacturing, Inc., a Florida corporation (“GNJ,” “we,” “us” and “our”).

 

1. Basic Terms.

 

Our Services permit businesses and advertisers to deliver ads, coupons, deals and other advertising Content to a user’s mobile phone and within the Application and our website.  We intend to reward users for viewing the advertising Content by rewarding them with a portion of the revenue we received from Content providers.

 

You may use the Services only if you can form a binding contract with us and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

Due to the nature of our Services, the Services are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you.  In addition, GNJ may cease (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you or any other user with prior notice. We also retain the right to create limits on use and storage at our- sole discretion at any time without prior notice to you.

 

The Services include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, the personal information you provide us or other information. The types and extent of advertising by our advertising partners on the Services are subject to change. In consideration for GNJ granting you access to and use of the Services, you agree that GNJ and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether provided by you or others.

 

 

2. Privacy.

 

Any information you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that by using the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us. To provide you the Services, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your CellAllure®Earn™ account and you may not be able to opt-out of receiving these messages.

 

3. Passwords.

 

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

4. Advertising Content.

 

Any and all advertising Content contained in our Services is the sole responsibility of the business or advertiser who originated such Content. While we strive to display attractive ads relevant to you, we may not monitor, control, or take responsibility for such Content. Any use or reliance on any Content or materials displayed on the App or obtained by you through the Services is at your own risk.

 

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications displayed via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will GNJ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

5. Point Awards.

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Once you set up and register your Cellallure®Earn™ account, you will be able to earn points by logging-in to view offers and advertising Content.  Based on the offers and advertising content you view, you will be awarded points, which convert into dollars at the rate of 10,000 points = $1.00.  Points may be redeemed for cash (minimum ____________ points for redemption) using PayPal (PayPal terms and fees apply).  The number of points awards for viewing specific Content and the terms and conditions on which they may be redeemed may be changed by us from time to time without prior notice to you. You cannot receive point awards by viewing the same offer or advertisement twice.  Point awards are not transferrable.   Only persons over the age of 18 will be eligible to receive and redeem point awards and you will be required to certify your age in connection with your account registration.

 

6. Your License to Use the Services.

 

We hereby grant a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the software GNJ provides you as part of the Services. The sole purpose of this license is to enable you to use and enjoy the benefits of the CellAllure®Earn™ Services we provide, in the manner permitted by these Terms.

 

7. GNJ Rights.

 

All right, title, and interest in and to the Services are and will remain the exclusive property of GNJ and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Nothing in the Terms gives you a right to use our name, trademarks, logos, domain names, or other distinctive brand features. Should you provide any feedback, comments or suggestions regarding its Services, such provision is entirely voluntary and may, in its sole discretion, use such feedback, comments or suggestions as we see fit without any obligation to you.

 

8. Restrictions on Content and Use of the Services.

 

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the Terms , including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of GNJ and CellAllure®Earn™, its users and the public.

 

You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise); (d) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

 

9. Copyright Policy.

 

We respect the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, in our sole discretion.

 

10. Ending These Terms.

 

The Terms will continue to apply until they are terminated by either you  or FreeMo in accordance with this section.

 

You may end your legal agreement with us at any time for any reason by deactivating your account and discontinuing your  use of the Services. You do not need You do not need to specifically inform GNJ if you stop using the Services. If you deactivate your account, you will not be able to redeem points awarded but not yet redeemed and they will be forefeited.

 

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms; (b) you create risk or possible legal exposure for us; or (d) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

 

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that Sections 4, 7, 8, 9, 10, 11 and 12 shall continue to apply.

 

Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided in Section 1 above.

 

11. Disclaimers and Limitations of Liability.

 

Please read this section carefully since it limits GNJ’s liability and the liability of its parents, subsidiaries, affiliates, related companies, and their respective  directors, managers, officers, employees, agents, representatives, partners, and licensors (collectively, the “GNJ Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

(a) Services Provided “AS-IS”.

 

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE GNJ ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

The GNJ Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the GNJ Entities or through the Services, will create any warranty not expressly made herein.

 

(b) Links.

 

The Services may contain links to third-party websites or resources. You acknowledge and agree that the GNJ Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the GNJ Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

(c) Limitation of Liability.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GNJ ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FREEMO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GNJ, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GNJ ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

12. Aggregated Device Data.

 

Aggregated device data, including location and apps, may be measured by us or a third-party we retain for the purposes of market research and use of such data is subject to any such third-party’s Terms of Service and Privacy Policy.

 

13. Anonymous Data Collection.

 

By accepting these Terms of Use, you are consenting to the collection of anonymous user data by a third-party we retain (our “Data Partner”).

 

(a) Data Collection.

 

Any Data Partner we retain will collect data relating to your use of this and other apps, your device and use of the device, such as Bluetooth beacon data, hashed or encrypted values of your email or phone number, geolocation, and other permission-based user information. You will see the ê icon whenever data is being collected.

 

(b) Data Use.

 

Anonymous data collected by our Data Partner, if any. will likely be commercially shared with third parties for marketing and research, user trends and adoption measurement, interest-based profiling, analytics, and optimization.  Our Data Partner will likely not serve ads through this app, but data may be used to deliver interest-based ads via other channels.

 

(c) Privacy and Opt-Out Options.

 

Our Data Partner, if any, will collect data in accordance with applicable privacy laws, including the EU-US Privacy Shield Framework, and its own Technology Privacy Statement. You may opt-out of interest-based ads by clicking here.

 

14. General Terms.

 

(a) Waiver.

 

GNJ’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

 

(b) Severability.

 

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

(c) Governing Law and Jurisdiction.

 

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Broward County, Florida, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).

 

(d) Entire Agreement.

 

These Terms and our Privacy Policy are the entire and exclusive agreement between GNJ and you regarding the Services (excluding any services for which you have a separate agreement with us that explicitly supplements or replaces these Terms). These Terms supersede and replace any prior agreements between GNJ you regarding the Services. Other than entities which are subsidiaries or affiliates of GNJ, no other person or company will be third party beneficiaries to the Terms.

 

(e) Revisions and Updates to Terms.

 

We may revise these Terms from time to time, the most current version will always be the Cellulare®Earn™ website.  If, in our sole discretion, we determine a revision is material we may notify you via an update or e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

These Services are operated and provided by:

 

GNJ Manufacturing, Inc.

5811 West Hallandale Beach Blvd.

West Park, FL 33023