Downtown CR Dollars Terms of Use

Downtown CR Dollars Terms and Conditions

These terms of use and conditions and Privacy Policy (collectively, this “Agreement”) is between Cedar Rapids Metro Economic Alliance, an Iowa non-profit corporation (“we” or “CRMEA”), and you (the “user” or “you”), and this Agreement governs your use of the Downtown CR Dollars mobile applications and websites (the “App”), and other services offered by CRMEA (collectively, the “Services”), and sets forth the legally binding terms and conditions for your use of the Services.

1. The Services. The Services include the Service that allows users to earn gift cards redeemable at participating businesses, under the terms and conditions of this Agreement. When you make purchases at participating businesses, you may submit receipt for approval using the form at www.cedarrapids.org/downtowncrdollars. Upon approval of the purchase by CRMEA, you will receive credit that can be accumulated towards $150 at which point a gift card will be issued and mailed to you towards subsequent purchases at any participating business. A list of participating businesses is found at www.cedarrapids.org/downtowncrdollars. Downtown CR Dollars gift cards have no cash value, cannot be redeemed for cash, and can only be redeemed toward a purchase at participating businesses. When you create an account, you will be required to provide your name and email address and create username and password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CRMEA is not responsible for third party access to your account that results from theft or misappropriation of your account. CRMEA and its associates reserve the right to refuse or cancel Service, terminate accounts, or remove or edit content in our sole discretion.

2.Subscription to the Service . Subject to the terms and conditions of this Agreement, CRMEA hereby grants you a non-exclusive, non-transferable subscription to the Service during the Subscription Term, which begins when you create an account and ends when terminated as provided for in this Agreement. You can cancel your subscription and this Agreement at any time by contacting the CRMEA. We may terminate this Agreement without cause at any time which termination will be effective immediately upon notice. CRMEA will have no other liabilities for exercising its right to terminate this Agreement.

3. Intellectual Property. You agree that CRMEA owns all intellectual property rights in the Service. Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses with respect to the Service. You further agree that you will not: (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or the Service in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or the Service; (c) access all or any part of the App or the Service in order to build a product, site, or service which competes with the Service; or (d) use the Service to provide services to third parties without prior written consent.

4.Termination.This Agreement can be terminated at any time. On cancellation or termination of this Agreement for any reason: (i) your subscription to the Service, as well as all permissions, subscriptions, and licenses granted to you by CRMEA under this Agreement will immediately terminate, and you will make no further use of the Service; (ii) any credits or Downtown CR Dollars are immediately forfeit; and (iii) CRMEA’s accrued rights to payment, as well as Sections 3-12 will survive termination or cancellation of this Agreement, however arising.

5.Representations and Warranties. You represent and warrant to CRMEA that: (i) you have the right to enter into this Agreement; (ii) you have all rights, licenses, and consents required to use the Services under this Agreement, and further represent and warrant that your use of the Services do not and will not violate any applicable law or regulation; (iii) you will not use the App for any purpose that is unlawful or prohibited by this Agreement; and (iv) you will not attempt to sell or trade any Downtown CR Dollars for anything of value except as a coupon toward purchases with participating businesses.

6.Disclaimer of Warranties. CRMEA does not and cannot warrant that Services will meet your expectations. CRMEA does not and cannot warrant that the Service will operate without errors, or that the Service will be available and operational at all times or that you will always have access to the Service. We do not warrant that our Services or the Internet or cellular or other communications networks will be available on a specified date or time or have the capacity to meet your demands during specific hours. CRMEA will not be liable for any damage, loss, or cost that you may suffer arising out of use of, or inability to, use the Service, even if the CRMEA had notice of the possibility of such damage, loss, or cost, regardless of whether such damage or event occurs as a result of the CRMEA’s negligence.

THE SERVICE IS PROVIDED “AS IS” WITH “ALL FAULTS.”EXCEPT AS PROVIDED IN THIS AGREEMENT, CRMEA EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EITHER PARTY OR ANY OTHER PARTY OR OTHERWISE, EVEN IF THE PARTY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

7.Limitation of Liability . In no event will CRMEA’s liability for the performance or non-performance of its obligations under this Agreement exceed $1.00. The foregoing is intended as a complete allocation of the risks between CRMEA and you. Because the bargain struck and the price paid reflect such allocation this limitation upon remedies will not have failed of its essential purpose.

8.Indemnity. You agree to indemnify and hold harmless CRMEA, its officers, directors, employees and agents from and against any claim, liability, damage, assessment, or expense (including expenses of investigation and defense, and reasonable attorney fees and expenses) of any nature whatsoever sustained, suffered or incurred for or on account of, or arising from or in connection with, any breach by you of any representation, warranty or covenant set forth in this Agreement, or resulting from any act or omission by you.

9.Notice. CRMEA may deliver notice to you under this Agreement by electronic mail or notices through the Service. Notices to CRMEA must be in writing and will be deemed given when (a) delivered personally, or (b) sent to address below, in which case notice is deemed given upon receipt:

Cedar Rapids Metro Economic Alliance
Attn: Operations Director
501 First St. SE
Cedar Rapids, IA 52401

10.Assignment. CRMEA may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. You will not, without the prior written consent of CRMEA, assign, transfer, charge, delegate, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement.

11.No Partnership or Agency. Nothing contained in this Agreement will be construed to place CRMEA and you in a relationship as partners, joint venturers, or principal and agent, respectively.

12.Miscellaneous. This Agreement comprises the entire agreement between you and CRMEA with respect to your use of the Service and supersede all prior agreements between the parties regarding the subject matter contained herein. Each party will have no liability to the other party under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the parties or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, change in any law or governmental order, rule, regulation or direction that impacts the Services, or any accident, breakdown of machines, fire, flood, storm or default of suppliers, sub-contractors, or service providers. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law principles. You agree to promptly and voluntarily submit to the exclusive jurisdiction of the Iowa state courts located in Cedar Rapids, Iowa or the United States District Court for the Northern District of Iowa located in Cedar Rapids, Iowa, with respect to any legal proceedings arising out of this Agreement, waiving all defenses with respect to jurisdiction, forum and venue. Any claim by you relating to this Agreement must be brought within one year of the date on which the claim arises. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. The parties agree that money damages may not be a sufficient remedy for breach of this Agreement, and the parties shall be entitled to equitable relief for any such breach, without the necessity of posting any bonds, in addition to any other remedies available to it at law or in equity. No waiver or amendment of any term in this Agreement shall be binding on the parties unless made in a writing expressly stating that it is such a waiver or amendment and signed by an authorized representative of both parties.

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