Terms Of Use

These terms and conditions (“Terms of Use”) is an agreement between you and High Note Enterprises, LLC d.b.a. Contact Karma (“Contact Karma”) and governs your access to an use of all of websites, mobile applications and application programming interfaces (“APIs”) published by Contact Karma (“Services”). By using the Services, you agree to be legally bound by these Terms of Use unless you have entered a separate written agreement with Contact Karma that explicitly supersedes these Terms of Use.

CHANGES TO THE TERMS OF USE

The Terms of Use may be changed or modified in whole or in part at any time. These changes are deemed to be effective at the time that they are published on Contact Karma’s website.

DEFINITIONS

“You”, “your” and “user” refer to you, as a user of the Services (through any medium and in any way including scraping, crawling, integrating with or otherwise accessing the Services). In the case that you represent a company or corporation, this definition extends to that organization as well and you agree that you are duly authorized both to use the Services on behalf of that organization and to commit to these Terms of Use on its behalf.

“Vendor” refers to any provider or a product or service that uses the Services for the purposes of advertising or promoting themselves to other users.

“We”, “us” and “our” refer Contact Karma.

“Karma Points” refers to the loyalty rewards system used by Contact Karma.

“Service Vouchers” refer to vouchers for products or services from Vendors that may be purchased through Contact Karma.

“PII” refers to personally indentifying information such as name, address, phone number or email address.

‘Billing Information” refers to data beyond PII that is collected for purposes of billing a user such as credit card numbers, expiration dates or payment service credentials for third-party billers such as PayPal.

“Social Media Accounts” refers to accounts on other services such as Facebook, Twitter, LinkedIn and Google’s Gmail that may be linked to from your Contact Karma account. All use of Social Media Accounts is governed by their respective terms of service.

ELIGIBILITY TO USE THE SERVICES

To use the Services:

  • You must be 18 or more years of age.
  • You must have the legal authority to agree to the Terms of Use.
  • You must never have had an account on Contact Karma that was terminated by us.
  • You must at all times while accessing the Services be duly authorized by any business that you represent.

TERMINATION

Contact Karma retains the right to terminate access to the Services to any user at any time without notice and without reason. In the case of termination, any and all rights to any virtual property including, without restriction, Karma Points, will immediately terminate. Only paid-for products such as Service Vouchers shall survive termination.

You may choose to close your account at any time. Doing so and discontinuing the use of the Services represents termination by you.

In any case of termination whether by us or by you, the Terms of Use shall survive and govern.

SERVICE AVAILABILITY

Contact Karma does not represent or warrant in any way that the Services will be available or accessible to any given user at any given time. Not guarantees expressed or implied are made for uptime, performance or any other service level agreement.

ACCOUNTS

In order to use the Services, you must create an account. You are responsibility for maintaining the security of your account by picking a difficult to guess password and keeping your password confidential. You are responsible for all activities including but not limited to all purchases and all content submissions made by anyone using your account.

You must submit complete and accurate PII that belongs to you. If you make purchases through Contact Karma, you must submit your Billing Information as well. Contact Karma does not allow pseudonyms or the use of others’ PII or Billing Information.

COMMUNICATIONS FROM CONTACT KARMA AND OTHER USERS

By using the Services you agree to receive certain communications from us and other users via email or via other communications channels approved by you such as Social Media Accounts. The communications include those that are necessary for the Services to function properly (“Transactional Messages”). They may also include non-essential communications to promote site functionality or other offers (“Marketing Messages”), but you can also opt out of Marketing Messages through your account settings.

If you no longer wish to receive any communications from us, you must close your account. Even if you close your account, however, we may occasionally communicate with you about reopening your account pursuant with applicable laws.

YOUR CONTENT

“Your Content” refers to any and all information that you submit to Contact Karma including but not limited to reviews of vendors, special offers, communications with other users, postings to message boards and your account information such as PII and Billing Information.

You are solely responsible for Your Content and, once submitted, Your Content cannot necessarily be withdrawn. You assume all risk and liability associated with Your Content including but not limited to claims of libel, false or misleading offers, third-party rights, violations of confidentiality, violations of law, hate speech, pornography, harm to minors, moral turpitude or false statements.

Furthermore, should you include your PII or Billing Information in forms not intended for that purpose (such as comments or reviews), you absolve Contact Karma of all responsibility for protecting it under the terms of our Privacy Policy.

You are also solely responsible for verifying the privacy settings of any of Your Content when you submit it to be sure that it will only be shared with those you intend to see it.

You own Your Content subject to these Terms of Use. We may, however, remove it and/or discard it from the Services at our sole discretion at any time and we are under no obligation to retain or return it to you once submitted.

CONFIDENTIALITY OF CONTENT

If the Services are used as intended, Contact Karma will make commercially reasonable efforts to protect Your Content, PII and Billing Information according to the privacy settings you specify. However, we reserve the right to share your PII and Your Content upon written request to law enforcement personnel in the execution of their duties or to a duly constituted court, regulator or other authorized entity under law. We also may use Your Content to resolve billing disputes and in our own legal defense.

You represent that you have read and agree with our Privacy Policy. In the case of disagreement between these Terms of Use and the Privacy Policy, the Terms of Use shall prevail.

USE OF CONTENT

Contact Karma may display Your Content to other users of the Services in any way in accordance with your privacy settings. Your Content that you set as public may also be used by reformatting, redacting and/or incorporating it into advertising and other derivative works in association with your name. It may also be syndicated or licensed to any third-party for any lawful purpose. To this end, you irrevocably grant us worldwide, non-exclusive, royalty-free, transferrable and sub-licensable rights to use your public Content for any lawful purpose.

OUR CONTENT AND INTELLECTUAL PROPERTY

The Contact Karma name, logo, site design, layouts, style sheets, functionality and all other content that is not submitted by you or another user (“Our Content”) is and remains the property of Contact Karma to the maximum extent permitted by law. You may not copy, reproduce, publicly display or otherwise use Our Content without our written permission.

RESTRICTIONS ON THE USE OF THE SERVICES

While using the Services, you agree not to (and not to assist others to):

  • Submit irrelevant, inappropriate or untrue content (see Your Content)
  • Violate the Terms of Use
  • Reverse engineer or deconstruct any portion of the Services
  • Attempt to disable or interrupt the availability of the Services by excessive automated use (such as by scripts, bots other unauthorized API access) or cyber attacks (such as denial of service attacks)
  • Use automated tools to parse or crawl the Services including via the API without our permission
  • Attempt to violate, disable or circumvent Contact Karma’s privacy protection on the content, PII or Billing Information of other users
  • Upload, inject or transmit any malicious software (such as computer viruses or SQL injections)
  • Attempt to gain unauthorized access to the service including access to others’ accounts
  • Access our servers for any reason other than to use the Services as set out in these Terms of Use
  • Copy, reproduce, use, sell, post or distribute in any way content other than your own including redactions and derivative works
  • Attempt in any way to interrupt the proper functioning of the Services

KARMA POINTS

Karma Points represent a loyalty reward system only and do not have any cash value. They are redeemable only to Contact Karma and at Contact Karma’s sole discretion. If Contact Karma has chosen to allow the use of Karma Points to deepen discounts, gain access to premium features or for any other purposes, this will be clearly indicated with the specific offer.

If your account is terminated by us or by you for any reason or for no reason, your accumulated Karma Points shall immediately become invalid. Karma Points are not transferrable.

SPECIAL OFFERS AND VOUCHERS

Vendors may post Special Offers that can be purchased by users of the Services. These Special Offers shall be in the form of vouchers redeemable for the specific goods and/or services and subject to the limitations and conditions specified in the offer and printed on the voucher.

Vouchers have a “Voucher Price” which indicates the amount paid for the voucher by the Contact Karma user. They also have a “Face Value” which represents the regular retail price of the goods and/or services for which they can be redeemed. The percentage difference between the Voucher Price and the Face Value of the voucher is deemed to be the Discount associated with the voucher.

Vouchers also have expiration dates. If a voucher is used prior to its expiration date and subject to its terms and conditions, it shall be redeemable for its face value worth of goods or services from the vendor.

If a voucher is not used prior to its expiration date, a vendor may still choose to honor it and their discretion, but will redeem it for its Voucher Price rather than for its Face Value worth of goods and/or services.

Vouchers may contain PII and will also have a redemption code, barcode or other unique attribute for determining its authenticity (“Validation Codes”). You understand that Contact Karma and its participating vendors have no way to track and validate vouchers other that through these codes. Therefore, you agree not to distribute these codes or any facsimile of any voucher purchased by you and you take full responsibility in the case that a copy of your voucher is made and redeemed with the vendor.

RETURN POLICY FOR SPECIAL OFFERS AND DISCOUNTS

In the case that a vendor does not honor a voucher that you attempt to use in compliance with its terms and conditions and prior to its expiration date, Contact Karma will provide you with a full refund. You must request this refund no more than 5 business days after the voucher’s expiration date.

If you do not wish to use the voucher or it is past its expiration date, you can return it for its Purchase Price less a processing fee of 10% or $5 whichever is greater (as permitted by law), for a period of up to one year (or the minimum permitted by law, whichever is greater) from the date of issuance of the voucher.

If you have used the voucher or the voucher has been used by someone else, Contact Karma disclaims responsibility and you will need to contact the vendor directly for returns, exchanges or refunds. All of this will be subject to the vendor’s own return or exchange policies.

VENDORS

If you represent a vendor placing special offers on the site, you agree to honor these offers subject to the terms and conditions you submit at the time of posting. Contact Karma will pay you for all fees due within five (5) business days of receiving valid voucher Validation Codes from you.

INDEMNITY

You agree to indemnify and hold harmless Contact Karma, its affiliates, parents, subsidiaries and related companies, directors, owners, officers, employees, partners, licensors and licensees, agents, representatives and suppliers (“Affiliates”) from any and all claims or demands (including legal fees) made by you or any third party arising out of (a) your access or use of the service; (b) legal issues with Your Content including libel; (c) your violation of the Terms of Use; (d) the unauthorized use of your account by any third party using your password; (e) your violation of any rights of other including intellectual property rights; (f) your failure to honor vouchers issued by Contact Karma based on a special offer you have submitted or (g) any claims or demands you may have relating to goods and/or services purchased using vouchers purchased via the Services.

Contact Karma reserves the right, at your expense, to retain legal counsel and assume the exclusive defense of such claims. You agree not to attempt to settle or defend such claims without the prior written consent of Contact Karma.

DISCLAIMER OF LIABILITY

THIS SECTION LIMITS THE LIABILITY OF CONTACT KARMA AND ITS ASSOCIATES. IT SUPERCEDES ALL OTHER SECTIONS OF THIS TERMS OF USE.

  1. THIS SERVICES IS PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND DISCRETION. CONTACT KARMA AND ITS ASSOCIATES EXPLICITLY DISCLAIM ANY WARRANTIES EXPRESSED OR IMPLIED AS TO THE MERCHANTABILITY OF, FITNESS FOR OR RELIABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE.
  2. OTHER USERS’ USE OF THE SERVICES IS AT THEIR OWN DISCRETION. AS SUCH, CONTACT KARMA AND ITS ASSOCIATES TAKE NO RESPONSIBILITY FOR THE ACTIONS OF OR CONTENT CONTRIBUTED BY ANY THIRD PARTY.
  3. CONTACT KARMA AND ITS ASSOCIATES DO NOT MAKE ANY ASSURANCES AS TO THE QUALITY OF ANY VENDOR LISTED THROUGH THE SERVICES OR TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION DISPLAYED THROUGH THE SERVICES.
  4. IN THE CASE OF YOUR DISSATISFACTION WITH THE SERVICES OR CONTACT KARMA AND ITS ASSOCIATES, YOUR SOLE RECOURSE SHALL BE THE TERMINATION OF YOUR ACCOUNT AND USE OF THE SERVICES.
  5. THE MAXIMUM AGGREGATE LIBILITY OF CONTACT KARMA AND ITS ASSOCIATES TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES SHALL BE THE AMOUNT OF ANY FEES PAID BY YOU TO CONTACT KARMA FOR PRODUCTS OR SERVICES NOT YET RECEIVED BY YOU.
  6. CONTACT KARMA AND ITS ASSOCIATES DISCLAIM ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES; LOSE OF PROFITS; BUSINESS INTERRUPTION; LOSS OF REPUTATION OR GOODWILL; OR LOSS OF DATA.
  7. CONTACT KARMA AND ITS ASSOCIATES DO NOT IN ANY WAY ENDORSE, RECOMMEND, WARRANTY OR STAND BEHIND ANY GOODS OR SERVICES PURCHASED USING VOUCHERS PURCHASED THROUGH THE SERVICES.

GENERAL TERMS

  1. We reserve the right to change these Terms of Use in whole or in part at any time. The only notice to you of such a change will be the posting on the ContactKarma.com website of the new Terms of Use.
  2. If any provision of these Terms of Use is found to be unenforceable, it shall it no way impact the enforceability of the other provisions.
  3. Subtitles and headings are used for convenience only and shall not be construed to have specific meanings.
  4. Contact Karma’s inaction or failure to immediately enforce any part of the Terms of Use shall not be considered to be a waiver or dismissal of any rights under these Terms of Use.
  5. This agreement shall be interpreted under the law of the State of Illinois. In the case of any claim brought by you, by us or by any third party, the jurisdiction and venue shall be Cook County, Illinois.
  6. If you wish to notify us of any refund request, inappropriate or disallowed content, failure to adhere to the Terms of Service by another user or any other matter, you must use the Contact Us feature on our website.