LTK Shopping Terms of Service

You can use the headers below to quickly find the relevant sections of the Agreement.

1. Introduction
2. Service Availability and Termination
3. Access to Our Services
4. Rights and Restrictions on Use
5. WARNINGS; DISCLAIMERS
6. Inappropriate Activity
7. Links to Other Sites, Networks, Platforms, and Apps
8. Ownership of Intellectual Property
9. Export Control
10. Use of Content in the Services
11. Feedback and Idea Submission and LTK Research
12. Digital Millennium Copyright Act
13. Assignment
14. No Warranty/Disclaimers
15. Limitation of Liability
16. Indemnification
17. Arbitration, Choice of Law, Venue, Claim Resolution and Class Action Waiver
18. Several Notes About This Agreement and Apple
19. General Terms
20. Contact Us

 

1. Introduction

When you use our Services you agree to these contractual terms, our Privacy Policy, Cookie Policy, and Community Guidelines. It is your responsibility to review the latest versions.

• CONTRACT

  Please carefully review this End User License Agreement and Terms of Service Agreement (“Agreement”), Privacy Policy, Cookie Policy, and Community Guidelines, which are all incorporated by reference, because by registering, visiting, accessing, downloading or using our shopping Services (described below) you are agreeing to a legally binding contract. This Agreement governs your shopping activity using the Services. The Services are owned and operated by LTK. The Agreement shall be effective immediately upon your access to the Services (the "Effective Date") and shall continue in full force indefinitely until terminated. LTK may terminate your use of the Services with or without cause or notice in its sole discretion, including, without limitation, if LTK believes that you have violated or acted inconsistently with the Agreement. By using the Services, you understand and agree to all terms and conditions of this Agreement. Your continuing visits, access, or use of our Services reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement, do not register, visit, access, download or use our Services. You can terminate this Agreement at any time by closing your user account and no longer visiting, accessing or using our Services. LTK may modify the Agreement or any other terms, such as the Privacy Policy and Cookie Policy, at any time. If you have registered as a user with an account and an email address, LTK will notify you of any material changes prior to those changes taking effect, via email and/or via the Services. The Agreement and any accompanying or incorporated terms are effective immediately upon posting. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Services.    LTK  will  also    post    the    terms at https://qa-company.qashopltk.com/ltk-terms-of-service. If you choose not to accept any new terms, you may close your account and/or stop using the Services. Where the law allows, you acknowledge that continued use of LTK Services after LTK posts or sends notice of updated terms means that your personal data is subject to any updated Privacy Policy. During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which LTK will provide to you prior to your use of those features. Some features may not be available to all users, and LTK has no liability to you for limiting your right or access to certain features of the Services. Where translations are provided, these are for convenience only; the English version is controlling in all cases.

• SERVICES

  rewardStyle, Inc. d/b/a LTK (together with its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns, “LTK”) provides mobile and desktop software and tools which allow you to shop Creator Guided content, and operates various platforms (“Platforms”), applications ("Apps") and online websites including but not limited to all domains and subdomains at rewardStyle.com, liketoknow.it, and shopltk.com ("Sites") (collectively, together with and any associated websites, products or services offered by LTK, the "Services"). Our Services allow you to shop the looks you like from thousands of Creators (individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms). We may also provide emails of content and Creators that may interest you. Our Services create technological and commercial relationships between third-party retailers/brands, advertisers and other businesses (“Merchants”), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms (“Creators”) and shoppers like you. Our Services create a free, fun and convenient shopping experience to you, while facilitating sales and marketing of Merchant products and services (collectively, “Products”) and the payment of commissions to Creators. During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which LTK will provide to you prior to your use of those features.

2. Service Availability and Termination

We may change, suspend, or terminate your use of the Services at our discretion, including associated Linking Technologies and Third Party Apps (both defined below). LTK may change, suspend or terminate your use of the Services with or without cause or notice to you, including, without limitation, if LTK believes that you have violated or acted inconsistently with the Agreement. In the event of termination, all your representations, warranties, indemnifications, and promises shall survive. Furthermore, sections on claims and dispute will continue to govern any claim or dispute. We may, but do not promise to, store or keep any content that you have provided, liked or posted. LTK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE, OR LOSS OF CONTENT).

3. Access to Our Services

LTK reserves the right to discontinue the Services or to change the content or any component of the Services in any way and at any time, including test/beta features, and third party applications, integrations, or links, with or without notice to you, and without liability. LTK may at its discretion provide or not provide the Services or any features thereof at any time to you. All features may not be available to all users as LTK may test features, or roll out to select geographies or cohorts, at LTK’s Fharadiscretion. From time to time, LTK may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Services”). Beta Services may be subject to additional terms and conditions, which LTK will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of LTK and subject to the confidentiality provisions in these Terms. LTK makes no representations or warranties that the Beta Services will function. LTK may discontinue the Beta Services, as with any of the Services, at any time in its sole discretion. LTK will have no liability for any harm or damage arising out of or in connection with a Beta Service or any of the Services. The Beta Services may not work in the same way as a final version. LTK may change or not release a final or commercial version of a Beta Service at our sole discretion. LTK makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products provided by any Merchant, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto.

• ELIGIBILITY

  To use our Services, you must (1) be at least 16 years of age and (2) be either old enough to lawfully enter into this Agreement yourself or have your parent or legal guardian do so. THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS AGED 16 YEARS OF AGE OR OLDER. IF YOU ARE 16 OR OLDER, BUT UNDER THE APPLICABLE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION OF RESIDENCE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 16 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD’S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD’S USE OF THE SERVICES. LTK DOES NOT ENCOURAGE, SOLICIT, OR PERMIT VISITORS TO THE SERVICES WHO ARE UNDER THE AGE OF 16.

• REGISTRATION

  You agree to provide certain information to set up your account. As part of the registration process, you will select a username and password and may provide certain information. You hereby consent to our access to and collection of such personal information about you. By registering for the Services, you hereby authorize LTK to send you emails and other communications. You agree to protect your password and not share your account with others. You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for any and all activities that are conducted through your account. LTK shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify LTK immediately of any unauthorized use of your account. LTK shall have the right at any time to change, modify or amend your username and password. You agree to provide correct information and keep it updated. You agree to only use our Services for personal reasons and not, for example, to compete with us. You represent and warrant that the information you provide to LTK is accurate, true, not confidential, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of LTK and are not using the Services in competition with LTK. You further represent and warrant that you are using the Services solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Services, any materials available through the Services, or LTK.

• UPDATES

  We may provide you updates from time to time and may require you to use the most updated version. LTK shall have the right in its sole discretion to substitute, replace, modify, update or upgrade (“Updates”) the Services as LTK deems advisable; and, all such updates shall be incorporated in and subject to this Agreement and shall be the exclusive property of LTK. If LTK shall provide you with any updates, you will be required to utilize such version. LTK will only be required to support the most recent and current version provided to you. Depending on the update, you may not be able to use the Services until you have downloaded the latest version and accepted any new terms that may apply. In case of a conflict between this Agreement and other terms provided with respect to updates, such other terms will prevail. This section will not require LTK to deliver new features and functionality nor any future offerings.

• SUPPORT

  We may provide user support. LTK reserves the right at any time to discontinue, cancel, or modify the technical support provided, if any. If you have questions about Products, please reach out to the appropriate Merchant directly for any questions related to such Products and all aspects of the transactions between you and such Merchants, including to request information about a Merchant’s refund policy, returns, fulfilling any sales or customer service, fraudulent transactions, or required legal disclosures.

• MESSAGES

  You agree to receive messages from us, including marketing materials. You agree to receive messages, including notices and marketing materials, through the Services or through your contact information, such as email. It is your responsibility to ensure LTK has your current email address. Any notice sent to you via such email address by LTK shall be deemed given, received, and read by you, whether or not it actually is received and/or read. If you purchase Products from Merchants using Linked Technologies or Third Party Apps, you may receive an order confirmation from us. Please note this order confirmation is solely for record purposes, but if you have questions about your purchase, reach out to the appropriate Merchant directly.

• AUTOMATED PROCESSING

  We may provide relevant content to you and others based on automated processing. Our Services include making suggestions for content that may be interesting to you and others. We use the data you provide and the data we have about other users, to make these recommendations.

• MOBILE DEVICES/CARRIER CHARGES

  Your use of Mobile Media may incur separate charges, such as by a carrier. You agree to be solely responsible for any such charges. Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). This Agreement shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Sites or such Apps through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to LTK; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Sites or any of the Apps. LTK is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.
  
  

4. Rights and Restrictions on Use

• LTK’S LIMITED LICENSE TO YOU

  You agree to only use the Services for personal reasons and understand that you may not copy or otherwise use the Services in an unauthorized manner. Subject to your acceptance of this Agreement and your continuing compliance with this Agreement and any other    relevant     policies, LTK    grants    to    you    a    personal, non-exclusive, non-transferable, revocable limited license to download, access and use the Services and related software (excluding source and object code) for your non-commercial, personal use on a device or machine(s) of which you are the primary user. You may not copy, rent, lease, lend, sell, assign, transfer, distribute, sublicense or prepare derivative works of any of the Services. If you sell or otherwise transfer to a third party a device on which the Services are installed, you must remove the Services from such device before doing so.

• WARNINGS; DISCLAIMERS

  Our Services include content from third parties such as Creators and Merchants, which we do not control. Where our Services contain links to other sites provided by third parties, LTK does not control the contents of those sites. Such links should not be interpreted as approval by LTKof those linked websites. We also may offer users the ability to use Linked Technologies and/or Third Party Apps for Product sales with certain Merchants. You acknowledge and agree that the Services are not a marketplace, and any contract of sale of Products made through the Services is directly between you and the Merchants. Merchants, not LTK, are the merchants/sellers of record for all Products you purchase through the Services. We disclaim any liability for such content or use. You understand that LTK does not accept any liability whatsoever for any harm that might result from any statements presented on the Services, and/or Linked Technologies and/or Third Party Apps including statements and opinions on the Services, Products viewed via the Services, or third-party advertisements or services posted or linked through the Services. You understand that any statements by LTK, its employees, agents, and affiliates are provided for informational purposes only. LTK reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, and without liability. LTK makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products advertised, offered, or provided by any Merchant, statements made by any Creator, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto. LTK does not guarantee the accuracy, integrity, appropriateness, or quality of any third party content, including Creators or Merchants, and in no way will be liable for any content published, promoted, or linked to by any Creator or Merchant.

• POSTING CONTENT

  Our Services may include the ability to upload or post content including text through the Services or make contact with other users of the Services. At all times, you must comply with this Agreement and the Community Guidelines. You further warrant that any such content does comply with those standards and you will be liable to us and indemnify LTK for any loss or damages we may suffer as a result of your breach of warranty. You further acknowledge that LTK has no obligation to prescreen, monitor, review, or edit any content posted by you and other users on the Services. You further agree and represent that you own any content that you publish or transmit and that you have received all necessary permissions, clearances from, or are authorized by the owner of any part of the content to submit it to the Services. By posting content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your content. LTK has a right to disclose your identity to any third party who is claiming that any content posted by you to our Services constitutes a violation of their intellectual property rights or of their right to privacy. LTK reserves the right to cut, crop, edit, or refuse to publish your content at our sole discretion. You acknowledge that Creators may have the ability to delete certain content on their posts, including comments you may publish. You acknowledge that Creators have no liability to you in the event your comment is deleted and that Creators have discretion to manage comments on their posts pursuant to the Community Guidelines. Further, LTK has the right to remove, disallow, block, or delete any posting you make on our Services if, in our sole discretion, your post does not comply with this Agreement or the Community Guidelines or in response to complaints from other users or third parties, including Merchants, with or without notice and without any liability to you.
  
  

• RESTRICTIONS ON YOUR USE

  You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of LTK is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by LTK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LTK or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing LTK’s name or trademarks without our express written consent. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You    agree    that    you    will    not    take    any    action    that    imposes    an    unreasonable    or    disproportionately    large    load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services. You agree you will not reverse engineer, disassemble or decompile any LTK prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the Services. You agree that you will not use the Services for any authorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
  
  

• YOUR LICENSE TO LTK

  You grant us a non-exclusive license to use your data in connection with the Services and their promotion. You grant to LTK a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit your data, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as LTK sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. You further grant to LTK all rights necessary to facilitate your use of a third party’s site, app or services that require syndication or other use of your data in connection with the Services.
  
  

5. Warnings; Disclaimers

• If you choose to share content and/or communications through the Services in areas that others can view, copy, and use, then you do so at your own risk. LTK IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY INFORMATION, COMMUNICATION, OR CONTENT THAT YOU VOLUNTARILY SUBMIT THROUGH THE SERVICES OR ANY OF THE APPS IN AREAS THAT OTHERS CAN VIEW, COPY AND USE.

6. Inappropriate Activity

You agree not to behave inappropriately or harass other users. We reserve the right to determine if an act is offensive. Inappropriate content and/or harassment includes anything LTK, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, content that:

• impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;
• promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, directed toward children under 1 years of age pursuant to the Children’s Online Privacy Protection Act (see also, FTC’s Children’s Privacy Site at http://business.ftc.gov/privacy-and-security/childrens-privacy), likely to deceive any person,
• or otherwise objectionable;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• you do not have the right to disclose under contract or applicable law;
• contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
• involves the transmission of “junk mail”, “chain letters” unsolicited mass emails — “spam”l or solicitations
• uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
• engages in promotion material, advertising, or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
• incorporate the Services or any portion thereof into any other program or product;
• use the Services in a manner that may create a conflict of interest of undermine the purposes of the Services;
• provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• includes other people’s personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
• violates or encourages or facilitates the violation of any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  
  In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. LTK reserves the right, at any time and with or without notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content or use in violation of this Agreement, the Community Guidelines, or otherwise harmful to the Services or our users. Violating this Agreement may also lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary.

7. Links to Other Sites, Networks, Platforms, and Apps

Your decision to access Linked Technologies and Third Party Applications is at your own risk. We are not responsible for third party activities. The Services may contain links to third party sites, networks, platforms or apps (“Linked Technologies”), including but not limited to advertisers and payment platforms. However, please be aware that LTK is not responsible for and cannot control the terms of service or privacy policies of such other Linked Technologies. We encourage you to be aware when you leave the Services, and to read the applicable agreements for all Linked Technologies. The Agreement applies solely to these Services. LTK is not responsible for and makes no representations or warranties regarding Linked Technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Linked Technologies. Inclusion of any Linked Technologies in the Services does not imply approval or endorsement by LTK. If You decide to access any Linked Technologies, then You do so at your own risk. LTK may, in its sole discretion, provide you with access to third-party applications, which interface with LTK application programming interfaces ("LTK APIs") (for purposes of this Agreement, such third-party applications are "Third Party Apps"). Such Third Party Apps use LTK APIs, but are not endorsed by LTK. Use of such Third Party Apps is voluntary. Use at your own risk. By using Third Party Apps, you may be granting Third Party Apps access rights to your activities, including without limitation related metadata. LTK makes no representations or warranties regarding your use of any Third Party Apps, which shall be governed by a separate agreement between your and the owners of such Third Party Apps. You agree that LTK has no liability whatsoever for the Third Party Apps, including, without limitation, providing continued access to the LTK APIs, technical issues related to the Third Party Apps or their interaction with the LTK APIs, and any damages or claims caused by, arising out of or relating to the Third Party Apps. LTK may change, suspend, or discontinue any aspect of the LTK APIs at any time, including the availability of any LTK APIs. LTK may also impose limits on certain features and services or restrict Developer App's access to parts or all of the LTK APIs or the LTK Services without notice or liability.

8. Ownership of Intellectual Property

We own our intellectual property and only provide you a limited license to use our Services per this Agreement. You do not acquire any ownership rights by using our Services. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by LTK and are protected by law from unauthorized use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. LTK, the LTK logos, and all designs are trademarks and/or trade dress of LTK and may not be used without the express written permission of LTK. All other trademarks appearing on the Services are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the Apps or Sites, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LTK. You agree to only use the Services as expressly permitted herein.

9. Export Control

You agree to comply with all export laws. You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.

10. Use of Content in the Services

It's possible that not all Products or Services will be available to you. The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all Products or Services may be available in all geographic areas or to all users.

11. Feedback and Idea Submission and LTK Research

If you provide us feedback or ideas, then we may use or discard them at our discretion and without liability. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to LTK in connection with the use of the Services shall be the exclusive property of LTK, including, without limitation, any feedback on Beta Service offerings or Research services. Such Ideas will not subject LTK to any confidentiality obligations and LTK shall have no obligations to you, contractual or otherwise. You agree that LTK may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. This includes that any user reviews about LTK can be used for marketing purposes.

12. Digital Millennium Copyright Act

If you believe that your copyright has been infringed by a third party on our Services, then please follow this take down procedure.

It is LTK’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). LTK does not make judgments about the veracity of intellectual property infringement claims or adjudicate such claims. If the information you are complaining about is located on a third party site or application, then you should contact that third party site or application. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

You may notify LTK of alleged infringement of intellectual property rights by contacting our Designated Agent at:

Email: ip@shopltk.com
Mail: 3102 Oak Lawn Avenue, Suite 900, Dallas, TX 75219
Phone: (972) 707-8530

Upon receipt of notice of claimed infringement, LTK will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please be advised the DMCA requires that LTK send a copy of your complaint to the alleged infringer.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

13. Assignment

We may assign our rights and obligations, but you may not. LTK may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without LTK’s written consent.

14. No Warranty/Disclaimers

We disclaim any warranties for our Service and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED BY LAW, LTK AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE “LTK PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. LTK PARTIES NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES. LTK PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SERVICES OR ANY USER COMMUNICATIONS. LTK PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. LTK PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LTK PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Liability

This is the limit of our legal liability to you, if any. WHEN PERMITTED BY LAW, LTK PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE LTK PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, LTK PARTIES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

16. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS LTK PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. THE FOREGOING PROVISION MAY HAVE THE EFFECT TO PROVIDING INDEMNITY TO THE LTK PARTIES LIABILITY AND DAMAGES ARISING FROM THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

17. Arbitration, Choice of Law, Venue, Claim Resolution and Class Action Waiver

THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AND WE AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS AGREEMENT ALSO INCLUDES A TRIAL BY JURY WAIVER AND CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND WE AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

1. Arbitration.
   
   It is understood and agreed between the parties to this Agreement that any and all claims, grievances, demands, controversies, causes of action, or disputes of any nature whatsoever, including those related to the issue of arbitration or dispute resolution itself, (whether in tort, contract, equity, upon any law, statute, order, regulation, or otherwise) (hereinafter “Disputes”), arising out of, in connection with, or in relation to (i) this Agreement, (ii) the interpretation or enforceability of this Agreement, or (iii) questions of arbitrability under this Agreement, that cannot be settled by mutual agreement will be finally settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) and the procedures set forth in this Section.
   
   Any party hereto aggrieved will deliver a notice to the other party setting forth the specific points in dispute and invoking the procedures of this Section (the “Dispute Notice”). Within fourteen [14] days from delivery of the Dispute Notice, a representative from each party involved in the dispute will meet virtually or at a mutually agreed location in Dallas, Texas, for the purpose of determining whether they can resolve the dispute themselves by written agreement. Such meeting shall be held without prejudice to either party.
   
   Any points remaining in dispute within the later of fourteen [14] days from any such initial meeting or within thirty [30] days after the delivery of the Dispute Notice, may be submitted to ICC arbitration conducted in English before a panel of three arbitrators seated and venue in Dallas County, Texas (provided, that if the arbitrators determine in their reasonable discretion that an arbitration cannot be conducted in-person in such location due to COVID-19 Measures or otherwise without jeopardizing the health and safety of either party or the arbitrators, then the arbitration may be conducted either in an alternative location or via telephonic or video conference, as determined by the arbitrators in their reasonable discretion).
   
   The arbitration will proceed according to the Rules of Arbitration of the ICC in force when the Notice of Arbitration is submitted. We and you will each appoint one arbitrator (the “Party-Appointed Arbitrators”) and the Party-Appointed Arbitrators will appoint the third and presiding arbitrator within fourteen [14] days of the appointment of the second arbitrator; provided, that, any arbitrator not timely appointed herein will be appointed in accordance with the ICC Rules of Arbitration upon the written demand of any party. The arbitrators may enter a default decision against any party that fails to participate in the arbitration proceedings. The arbitrators shall have authority to grant injunctive or other forms of equitable or interim relief to either party where such remedies are permitted by applicable law. Any interim measures granted will be fully enforceable as an arbitration decision in any court of competent jurisdiction.
   
   The Arbitrator shall issue a written, reasoned award within twenty [20] calendar days from the close of the hearing, or within twenty [20] calendar days of service of post-hearing briefs if the Arbitrator directs the service of such briefs. The Arbitrator’s award will be a final and binding determination of the dispute and will be fully enforceable as an arbitration decision in any court having jurisdiction over such parties. The prevailing party or parties (as determined by the Arbitrator) will in addition be awarded by the Arbitrator such party’s or parties’ own legal fees and expenses in connection with such proceeding, except that the parties will pay the Arbitrator’s fees and expenses in equal shares. Damages that are inconsistent with any applicable agreement between the parties, that are punitive in nature, or that are not measured by the prevailing party’s actual damages shall be unavailable in arbitration or any other forum.
   
   Each party and, as applicable, the arbitrators will keep confidential, and will not disclose to any person, except the parties’ respective advisors and legal representatives, or as may be required by applicable Law, the existence or content of any Dispute under this Section, the referral of any such controversy to arbitration or the status or resolution thereof. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
   
   
2. Claim Resolution.
   
   Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
   
   You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against LTK.
   
   
3. Choice of Law, Venue.
   
   For any and all matters not subject to mandatory, binding arbitration as set forth above, the laws of the state of Texas (USA), without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement, or the Services will be litigated exclusively in the federal or state courts of Dallas County, Texas. The Agreement is fully performable in Dallas County, Texas. The parties consent to personal jurisdiction in Dallas County, Texas and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas. Notwithstanding the foregoing, LTK may institute proceedings for equitable relief in any court of competent jurisdiction.
   
   
4. Waiver of Trial by Jury.
   
   EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING (I) ARISING UNDER THIS AGREEMENT OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY SEEKING EQUITABLE RELIEF). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE EITHER OF SUCH WAIVERS, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, AND (C) IT MAKES SUCH WAIVERS VOLUNTARILY.

18. Several Notes About This Agreement and Apple

If you downloaded the Apps from Apple’s App Store, then please review these additional terms. The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at  http://www.apple.com/legal/internet-services/itunes/us/terms.html, and last visited February 7, 2017) as of the effective date hereof (“Apple’s Usage Rules”): Acknowledgement. The Parties hereby acknowledge that:

• this Agreement is between the Parties only, and not with Apple;
• Apple is not responsible for the Sites, the Apps, or the content thereof;
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
• Apple has no warranty obligations, whether express or implied;
• Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Apps or your possession and/or use of any of the Apps, including, without limitation, (i) product liability claims, (ii) any claim that such Apps fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
• this Agreement’s usage rules for the Apps are not intended to be less restrictive than Apple’s Usage Rules;
• Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement; and
• Upon your acceptance of this Agreement, 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 hereof.

Amended Scope of Limited License – The Apps.  If you download, access, or use any of the Apps from or through Apple’s App Store, then the limited license granted to you hereunder with respect to such Apps (see section 2(c) above) is hereby amended to add the following restriction: you may not use such Apps on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple’s Usage Rules.

19. General Terms

• U.S. GOVERNMENT CUSTOMERS

  The Apps are a “Commercial Item” as that term is defined 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, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government users (i) only as Commercial Items and (2) only with those rights granted to other users under this Agreement. Unpublished rights are reserved under the copyrights of the United States.

• FORCE MAJEURE

  LTK Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of LTK Parties or such other party.

• WAIVER / SEVERABILITY/HEADINGS.

  If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. LTK’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
  
  

20. Contact Us

This covers how to contact us. Any notices or communications sent by you to LTK pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as LTK may specify in writing.

All notices will be sent to:
ATTN: Legal
LTK
3102 Oak Lawn Avenue
Suite 900
Dallas, TX 75219
Email: legal@rewardstyle.com

September 27, 2023