SITE TERMS OF USE

Effective August 31, 2020

Welcome to Grand Reserve™, operated by Vertical Finance, Inc. ("Vertical Finance," "we" and other first person pronouns). These Site Terms of Use ("Terms") cover your use of the Grand Reserve programs and related services that link to these Terms, including our websites https://grandreserverewards.com and https://grandreservecard.com, and mobile application. We’ll refer to the Grand Reserve programs and services collectively as "Services." By accessing, using or interacting with our Services (we will refer to all of those activities simply as "using"), you agree to these Terms.

IMPORTANT NOTE: These Terms limit our liability to you and require you to resolve disputes individually, through final and binding arbitration. That means that you waive any right to have a judge or jury decide your case and that you cannot bring claims in a class action lawsuit (or any similar proceeding). Please see "Disclaimers," "Limit of Liability" and "Dispute Resolution" below for more information.

Eligibility and Accounts

To use our Services, you must be at least 18 years old and reside within the United States. For example, we do not currently offer the Services in, or support user accounts from, Switzerland, the UK or countries in the European Economic Area.

Sanctioned Countries. You agree not to attempt to log on to the website or any mobile application from any country sanctioned by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (Treasury). See Countries Under OFAC Sanctions from the Treasury website. We may block, restrict, or terminate your access to the website or the mobile applications if you attempt to log on to the website or mobile application from an OFAC sanctioned country.

You must be an eligible user in compliance with these Terms in order to open a Grand Reserve Reward Program account and participate in our programs, including earning rewards.

Additional Terms

Certain Services are covered by additional terms and rules, which are included by reference as part of these Terms. Additional terms and rules can usually be found in conjunction with the Services they cover.

You must be of US legal drinking age to receive certain Services, including rewards and/or experiences. You must also meet any age or other requirements of the merchants providing rewards in our reward program.

Posts

We may give users the ability to comment, post information and submit content (all of the foregoing, "Posts") to our Services. As between you and Vertical Finance, you own your Posts. When you submit a Post, you grant Vertical Finance a worldwide, perpetual, irrevocable, transferable and sublicensable right to use, copy, modify, distribute, publish, display and process your Posts without notice and/or compensation, in any medium and for any purpose, as long as it is in connection with our Services. All Posts are non-confidential.

We reserve the right to remove or refuse any Post, but we do not assume any responsibility for Posts, including any obligation to screen Posts.

Suggestions

We appreciate your input. If you provide us with suggestions (e.g., input, feedback, etc.) we can use all of those suggestions in perpetuity, for any purpose and without compensation, attribution or accounting to you or to anyone else.

Your Conduct

You agree that you will not:

  • Use our Services to post ads, solicitations or spam or to harass anyone;
  • Submit viruses or interfere with our ability to provide the Services;
  • Scrape our Services or use them to extract content, skirt a security feature or access control, copy, frame, mirror or reverse engineer our Services, or deep-link to our Services if we ask you not to;
  • Share information that you do not have the right to disclose, such as confidential information of others; or violate anyone’s rights; or
  • State or imply that you are affiliated with or endorsed by Grand Reserve, Vertical Finance or any merchants participating in our programs.

Third Party Content and Sites

We may post or link to third party content, websites and apps. We do this because we think you may find them useful, but we are not endorsing those third parties, their content, or their products and services. Those third parties have not signed on to our Terms or our Privacy Policy and Vertical Finance is not responsible for them. If you want to know about their practices and requirements, you will need to read their separate terms and policies.

Intellectual Property Rights

Vertical Finance reserves all rights in our Services, including all content available on our Services. Using our Services or making suggestions does not give you ownership in our Services or the right to use our brand or logos.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Vertical Finance specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Vertical Finance does not warrant that our Services will meet your requirements, be uninterrupted or virus- or error-free. In addition, we cannot always anticipate technical or other difficulties relating to third parties that we work with, so we do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or loss of any user data. Any oral or written advice provided by Vertical Finance or its authorized agents does not and will not create any warranty.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify and hold harmless Vertical Finance, our merchants, directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees arising from your use of our Services and your Posts. We may elect to assume the defense and control of indemnified claims.

Limit of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERTICAL FINANCE SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE RULES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY EVEN IF VERTICAL FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dispute Resolution

The laws of the State of California, excluding conflict of laws rules, will exclusively govern any dispute relating to these Terms, any additional terms or rules, our Privacy Policy and/or our Services.

Except for the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, and you and Vertical Finance each agree to personal jurisdiction in those courts.

Unless you opt out, you and Vertical Finance will resolve all claims relating to these Terms or our Services through final and binding arbitration with the American Arbitration Association (including disputes about these arbitration provisions). The arbitration will be conducted by a single arbitrator under the AAA’s Commercial Arbitration Rules, in the United States county where you live or work, Los Angeles, CA, or any other location we agree to.

You can opt out of arbitration by sending a request to our email below. The email must be marked "LEGAL NOTICE: ARBITRATION OPT OUT" in the subject line and received within 30 days of the date that you first access our Services. You must include all information necessary for us to identify you. Once you opt out, your opt out will remain binding even if we update these Terms.

Some claims do not have to go to arbitration: claims that qualify for small claims court, lawsuits for injunctive relief and claims of intellectual property infringement.

App Store Requirements

If you download our app designed for use on an Apple iOS-powered mobile device, the below terms also apply to you:

  • These Terms are between you and Vertical Finance only, not with Apple, and Apple is not responsible for the Services or your Posts.
  • Apple has no obligation to provide any maintenance or support services with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services.
  • In the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
  • Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

General Terms

We do not plan to change these Terms very often, but we reserve the right to do so. We will notify you of material changes by posting notice on this webpage (or the webpage for the applicable additional terms or rules).

If any part of these Terms can’t be enforced, you and Vertical Finance agree that the court or arbitrator should modify the Terms to make that part enforceable while still achieving its intent. If that is not possible, then the unenforceable part should be removed without affecting the rest of these Terms.

These Terms (including any additional terms or rules for particular Services) are the only agreement between you and Vertical Finance regarding our Services, and they supersede all other agreements for our Services. If we don't act to enforce a breach of these Terms, that does not mean that we have waived our rights. Vertical Finance may assign its rights and obligations under these Terms without your consent.

Privacy

When you use our Services, you agree that we can use your information in accord with our Privacy Policy.

Where to Reach Us

Vertical Finance, Inc.
556 S. Fair Oaks Ave., Suite 508
Pasadena, CA 91105

legal@verticalfinance.com