Terms of Use Agreement

City of Houston, TX - H-Town Rewards Mobile App Terms of Use Agreement

H-Town Rewards Program is a reward program offered by the City of Houston (“City”), a Texas Home Rule City  of the State of Texas principally situated in Harris County, for the purpose of engaging with Users, promoting community goals, encouraging local spending, and supporting local businesses, with the overall goal of making  the City more vibrant and connected by rewarding Users with H-Town Reward Points that will be redeemable at  merchants located within the Territory, who have agreed to participate in the H-Town Rewards Program  (“Redeeming Merchants”), through the use of the H-Town Rewards User application (“H-Town Rewards App”).  

Houston has engaged Colu Technologies (US) Inc. (“Colu”) to provide the H-Town Rewards App.  1. Definitions  

a. “City” has the meaning set forth in the preamble. 

b. “Colu” has the meaning set forth in the preamble.  

c. “H-Town Rewards App” has the meaning set forth in the preamble.  

d. “H-Town Rewards Program” has the meaning set forth in the preamble. 

e. “H-Town Reward Points” means promotional value awarded to a User’s Account upon completion  of Qualifying Actions by joining a Reward Offer and completing qualifying activities that a User  can exchange for goods and services at Redeeming Merchants. The redemption value of each H Town Reward Point equals One U.S. Dollar ($1.00).  

f. “Purchasing Merchant” means a merchant within the Territory. 

g. “Payment Card” has the meaning set forth in Section 4(c)(i). 

h. “Qualifying Actions” means an action or set of actions the completion of which is designated by  the City in a Reward Offer as qualifying for awarding H-Town Reward Points to Users’ Accounts,  in accordance with these Terms and the terms of a specific Reward Offer for the allocation of  rewards, including Qualifying Purchases.  

i. “Qualifying Purchase” means the purchase of goods or services by a User from certain Purchasing Merchants in the Territory, identified in a Reward Offer, through a Payment Card linked to the  App, and in compliance with the terms and conditions of the Reward Offer and these Terms. 

j. “Redeeming Merchants” has the meaning set forth in the preamble. 

k. “Reward Offer” means a reward offer selected by the City and published through the H-Town Rewards App, that Users can join and sets forth the terms for Users to be rewarded with H-Town  Reward Points, including identifying certain qualifying activities that Users can complete to earn  H-Town Reward Points, including Qualifying Purchases.  

l. “Terms” has the meaning set forth in Section 2. 

m. Territory” means the city limits of the City of Houston, Texas. “User” means any natural person  using the H-Town Rewards App and its services.  

n. “User Account” has the meaning set forth in Section 3(a). 

o. “User Information” has the meaning set forth in Section 3(a). 

2. Acceptance of Terms. Houston provides the H-Town Rewards App to Users subject to these H-Town Rewards Mobile App Terms of Use (“Terms”), which may be periodically updated by the City without  notice to you. By accessing and using the H-Town Rewards App, User accepts and agrees to be bound  by the Terms. User may read a current, effective copy of these Terms at any time on the H-Town Rewards  App, under the tab About/Terms and Conditions. Revised Terms will become effective immediately at the  time of posting. Any use of the H-Town Rewards App or the earning of points after such posting of the  revised Terms shall constitute User’s acceptance of such updated Terms. If any change to these Terms is  not acceptable to User, User’s sole remedy is to stop User’s participation in the H-Town Rewards Program  (e.g., cease accessing the earning or redeeming points), or otherwise using the H-Town Rewards App.  Notwithstanding the foregoing, the Terms will not be amended to add a participation fee without the prior  notification of such addition via the H-Town Rewards App.  

3. User and User Account 

a. Users opt-in to the H-Town Rewards Program by (A) downloading the H-Town Rewards App and (B) signing in to the H-Town Rewards App and creating a User account (“User Account”) by providing the User’s full name, phone number, email address, and other information, including,  by way of illustration and not limitation, such information that Colu may from time to time deem  necessary to prevent fraud (“User Information”). 

b. There is no cost to participate. 

c. Users must accept and agree to these Terms and the Colu’s Terms of Service by signing into H Town Rewards App and clicking the appropriate buttons when prompted to do so. User’s usage of  the H-Town Rewards App, including participation in the H-Town Rewards Program is subject to  these Terms and Colu’s App Terms of Service. 

d. Users must maintain the User Account in good standing. Users represent and warrant that all User Information required from time to time is truthful, accurate, current, and complete. Users agree  not to misrepresent any identity or User Information. Users must promptly notify Colu of any  changes to User Information by updating the User Account within the App, or by contacting - h-townrewards@colu.com. 

e. Colu’s Privacy Policy governs the collection, use, storage, and disclosure of User Information.  

f. Users must be 18 years or older to participate.  

g. Only one User Account may be created per phone number, and each individual person may have only one (1) User Account.  

h. User may only access and use the H-Town Rewards App for User’s own personal, non-commercial  use. 

i. User Account data, as well as data User submits using the H-Town Rewards App, is subject to all  applicable City, state, and federal public records laws. 

j. Each User is responsible for creating a secure User Account and for maintaining the security of that account. If the security of account information is breached by a User or other third party, the  City is not liable for improper access to the User Account, or for changes to a User Account by another User or third party. City is not responsible in such circumstances for reinstatement of lost  H-Town Reward Points or for any damages or losses sustained by a User as a result of such  unauthorized access. If User becomes aware of any fraudulent or unauthorized activity on User’s  User Account, User must report the fraudulent or unauthorized activity to City in writing and  provide relevant information and cooperation to City in connection with such activity.  

4. User Conduct 

a. User understands that all information, data, text, or other materials (“Content”) is the sole responsibility of the person from whom such Content originated. This means that User, not City,  is entirely responsible for all Content that User submits or otherwise makes available via the H Town Rewards App. City does not control the Content entered into the H-Town Rewards App  and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no  circumstances will City be liable 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 submitted or otherwise made available via the H-Town Rewards App. 

b. City is under no obligation to enforce these Terms on User’s behalf against another user. While City encourages User to let City know via email at h-townrewards@colu.com if User believes another user  violated the Terms, City reserves the right to investigate and take appropriate action at the City’s  sole discretion. 

c. User agrees that the H-Town Rewards App will not be used to: 

(1) Submit Content that is false or inaccurate; 

(2) Submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s  privacy, hateful, or racially, ethnically or otherwise objectionable; 

(3) Submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

(4) Submit or otherwise make available any Content that infringes any patent, trademark, trade  secret, copyright or other proprietary rights of any party; 

(5) Submit or otherwise make available any material that contains software viruses or any other  computer code, files or programs designed to interrupt, destroy or limit the functionality of  any computer software or hardware or telecommunications equipment;  

(6) Access or use the H-Town Rewards App or participate in the H-Town Regards Program to  engage in any illegal, fraudulent, or other illicit activity; or 

(7) Violate any applicable local, state, national or international law. 

d. User acknowledges, consents and agrees that City may access, preserve and disclose User’s User Account information and Content if required to do so by law or in a good faith belief that such  access preservation or disclosure is necessary to:  

(1) Comply with legal process;  

(2) Enforce these Terms; 

(3) Respond to claims that any content violates the rights of third parties; or 

(4) Protect the rights, property or personal safety of City, its users and the public.  

e. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the H-Town Rewards App, in whole or in part, is strictly prohibited and  subject to applicable federal and state laws. 

f. User is prohibited from tracing any information of any other H-Town Rewards App user or otherwise using the H-Town Rewards App for the purpose of obtaining information of any other  user. 

g. User is prohibited from attempting to gain unauthorized access to the H-Town Rewards App or the computer systems and networks connected to the H-Town Rewards APP through hacking,  password mining, or any other means.  

h. City reserves the right to suspend or terminate User’s User Account upon from City or without prior notice from City, for any reason whatsoever, including but not limited to violation or attempted violation of the Terms and/or applicable law, unexpected technical or security problems, long periods of inactivity of User’s User Account, or engagement by User in fraudulent or illegal  activities. In such a case, User is not allowed create a new User Account. 

5. Rewards 

a. Earning H-Town Reward Points. H-Town Reward Points are earned by a User through joining a Reward Offer and performing the Qualifying Actions as defined in the Reward Offer and in accordance with the Reward Offer terms and the Terms of Use. Users may not transfer H-Town  Reward Points to any other User.  

b. Qualifying Actions: Reward Offers may appear on the H-Town Rewards App from time to time, designating certain Qualifying Actions that would enable Users to earn H-Town Reward Points  and the terms for participation in a specific Reward Offer. City may ask Users to complete certain  activities to earn H-Town Reward Points. Examples include, by way of illustration and not  limitation, the following: (i) earn X H-Town Reward Points when you make Y Qualifying  Purchases with a Purchasing Merchant, (2) make a Qualifying Purchase with a Purchasing  Merchant and receive X percent of the purchase price in H-Town Reward Points (calculated with  each H-Town Reward Point valued at $1), or (3) refer others to join the H-Town Rewards Program  and receive X H-Town Reward Points. Reward Offers may be subject to individual rules,  requirements, and/or conditions as specified in the H-Town Rewards App. Reward Offers may be  time specific, having a certain termination date. Users are responsible for checking the H-Town  Rewards App for Reward Offer rules, restrictions, and termination dates. 

c. Qualifying Purchases: Where a Reward Offer defines Qualifying Actions as including Qualifying Purchases, the following conditions and requirements apply in order to receive H-Town Reward  Points for Qualifying Purchases: 

(1) Users must link at least one eligible debit or credit card (“Payment Card”) to the User’s  User Account. Please note that not all debit and credit cards are eligible to be linked to  User Accounts. All determinations as to card eligibility are at the sole discretion of City.  In order to be eligible as a Payment Card, the debit or credit card must be issued by a U.S.  financial institution. In addition, User may not be able to link a debit or credit card to  User’s Account if the card is already linked to certain other third-party card-linked offer  programs. Plaid Technologies, Inc. (“Plaid”) is used in the H-Town Rewards App to gather  Users’ data from financial institutions. By linking User’s Payment Card, User agrees that  Colu and Plaid may view transactions made by User through the Payment Card, and User  agrees that Plaid may act on User’s behalf to access and transmit User’s personal and  financial information from the relevant financial institution. User further agrees to User’s  personal and financial information being transferred, stored and processed by Plaid in  accordance with the Plaid Privacy Policy and by Colu in accordance with Colu’s Privacy Policy (Colu - Privacy Policy). 

(2) H-Town Reward Points can only be earned for a Qualifying Purchase in a Reward Offer when the following conditions are satisfied: (i) a User makes a purchase at a Purchasing  Merchant that has been designated by City in the Reward Offer in the H-Town Rewards App, during any time period defined by the City in the Reward Offer, and in accordance  with the Reward Offer terms; (ii) such purchase appears in the records of the Payment Card  linked to such User’s User Account as provided to Colu by Plaid, a third party provider of  payment account information; and (iii) such purchase is subject to the identification of the  underlying transaction in the records and its verification by Colu, and (iv) such purchase is  verified prior to a Reward Offer reaching any disclosed limit. expiration term or maximum  participation level. Despite efforts made, the process of identifying qualifying purchases  may be subject to errors and consequently users’ accounts may not be correctly rewarded automatically. Please contact customer support services at [h-townrewards@colu.com] in case you  suspect of such error, for further investigation. City reserves the right to require additional  evidence from User to confirm the Qualifying Purchase. In the event sufficient evidence  to support the Qualifying Purchase is not available or there is a good faith discrepancy  regarding the eligibility of the Qualifying Purchase (e.g., multiple purchases made at same time), H-Town Reward Points may not be earned by the User for such purchase in the City’s discretion. 

(3) The identity of Purchasing Merchants designated in a Reward Offer for Qualifying  Purchases may change during the term of the Reward Offer. For an up-to-date list of  designated Purchasing Merchants, check the Reward Offer in the App.  

(4) Tracking: Earned H-Town Reward Points will usually appear in a User’s User Account within ten (10) business days from the completion of Qualifying Actions as defined in a  Reward Offer. Users will be able to track in the H-Town Rewards App the number of H Town Reward Points earned and awarded to their Account, as well the number of H-Town  Reward Points deducted from their User Account through redemption. 

d. User Account Limit. No more than $2,000 worth of promotional value, in the form of H-Town Reward Points or otherwise, may be associated with the User Account of any individual User on  any given day. This means that the promotional value that remains in and has been redeemed from  the User Account at the end of one day, combined, may not exceed $2,000. Thus, if there are 1500  H-Town Reward Points in a User Account and the User redeems 500 H-Town Reward Points that  day, the User could not receive more than 500 H-Town Reward Points into the Account that day.  City reserves the right to set and revise User Account limits, without prior notice.  

e. City reserves the right, in its sole discretion, to remove awarded H-Town Reward Points, as well as prevent from enrolling in, suspend, and/or remove from the H-Town Rewards Program, any  User for any reason, including any H-Town Reward Points awarded in error, or in the event of any  suspected fraud, abuse, or misuse in connection with the H-Town Rewards Program.  

6. Redemption 

a. Redeeming Merchants. Users can pay for goods and services at Redeeming Merchants by using the H-Town Reward App to access and redeem the promotional value they have in their Accounts.  Users may do this at Redeeming Merchants by requesting that the Redeeming Merchant redeem the User’s H-Town Reward Points and apply them toward all or part of the purchase price of any  goods or services offered by the Redeeming Merchant. Users shall determine the amount of  promotional value, in the form of H-Town Reward Points, that will be redeemed by a Redeeming  Merchant in connection with the purchase of the Redeeming Merchant’s goods or services;  provided, however, that a User may not redeem H-Town Reward Points in excess of the User  Account Limit described above. City reserves the right to set and revise redemption limitations,  without prior notice.  

b. Refunds  

(1) There will be no cash refunds. 

(2) Should a Qualifying Purchase transaction that resulted in H-Town Reward Points awarded  to the User’s User Account be cancelled for any reason (e.g., based upon a return, charge  back, dispute, or other refund request for a Qualifying Purchase for which the User has  already received the H-Town Reward Points) the H-Town Reward Points balance in such  User’s User Account may be reduced by the amount of the rewards received for the  cancelled transaction. If the User Account balance is insufficient to cover the cancellation  amount, the User Account will fall into a negative status and be credited as H-Town  Reward Points are earned and awarded in the future. 

(3) Except as expressly set forth in this Section 4(b)(iii), all redemptions of H-Town Reward Points are final and irrevocable. If a transaction that involved the redemption of H-Town  Reward Points is rescinded due to a technical error of a User (including, by way of  illustration and not limitation, the inclusion of the incorrect Redeeming Merchant as part  of such transaction), then the City shall credit the appropriate User’s User Account with  the number of H-Town Reward Points redeemed by the Redeeming Merchant in such  rescinded transaction, provided that such error is reported to Colu within two (2) business  days after such redemption. If a transaction that involved the redemption of H-Town  Reward Points is rescinded for any other reason (including, by way of illustration and not  limitation, by the return of purchased goods or the refund of the purchase price for services  rendered), or if a User’s technical error is not reported to Colu within the time period set  forth in the preceding sentence, then the terms of such rescission shall be agreed, and any disputes relating thereto shall be resolved, by the User and the Redeeming Merchant, and neither the City nor Colu shall be responsible for crediting or debiting either the User’s User Account or the Merchant’s Accounts in connection with such rescission. 

7. Privacy

            All information generated from the User in establishing a User Account, participating in the H Town Rewards Program and Reward Offers, making Qualified Purchases, using H-Town Reward Points and otherwise using the H-Town Rewards App is held and processed by Colu in accordance with the (Colu  - Privacy Policy).  

8. Information in the App and Third-Party Information, Services and Links  

a. The information presented through the H-Town Rewards App is made available solely for general information purposes. Neither City nor Colu warrant the accuracy, completeness, or usefulness of  this information. Colu and City disclaim all liability and responsibility arising from any reliance  placed on such materials by User or any other user of the H-Town Rewards App.  

b. The H-Town Rewards App may include content provided by third parties, or based on information published on third-party websites or content on social media and other publications. All statements  and/or opinions expressed in such content are solely the opinions and the responsibility of such  third parties. Colu and City not responsible, or liable to User or any third party, for such content.  User’s use of third-party services is at User’s own risk, and User is solely responsible for  complying with all legal and contractual requirements necessary for using third-party services. For  the avoidance of doubt, City and Colu do not endorse any of the Purchasing or Redeeming  Merchants displayed in the H-Town Rewards App nor any messages and statements in with respect  to such merchants in the H-Town Rewards App.  

c. The H-Town Rewards App contains links to third-party websites, applications, and services that are not owned or operated by City or Colu. Separate terms and conditions apply to Third-Party  Services. User should read those terms and conditions carefully before accessing any Third-Party  Services. Neither City nor Colu are responsible for the actions, content or services of such third  parties. 

9. Modification and Termination 

a. City reserves the right to change, suspend, or discontinue all or any part of the H-Town Rewards App or the H-Town Rewards Program at any time without prior notice or liability. This includes  the right to modify, amend, cancel, delete, change or terminate the H-Town Rewards Program or  any Terms of the H-Town Rewards Program in any manner at any time in City’s sole discretion, including but not limited to terms applicable to eligibility for participation, H-Town Reward Point values, redemption values, rules for receiving or using H-Town Reward Points, or any other aspect of the H-Town Rewards Program. These modifications may affect H-Town Reward Points already received, including the opportunity to use such H-Town Reward Points or their redemption rate. 

b. A User Account may be suspended or terminated at any time and at the sole discretion of the City. Upon termination for any reason and by any party, User Account balances are canceled. 

c. Users may terminate their User Accounts at any time by contacting h-townrewards@colu.com. User  Accounts may not be terminated by Users if they are in a negative status. See 4(b)(ii) above. User  Accounts must remain open until they have reached a zero (0) balance or until terminated by City  or until the H-Town Rewards Program has ended, whichever is earlier.  

10. City’s and Colu’s Proprietary Rights. 

          User acknowledges and agrees that H-Town Regards App and  H-Town Rewards Program contains proprietary and confidential information that is owned by the City  and/or Coly and protected by applicable intellectual property and other laws. User shall not use such  proprietary and confidential information in any way whatsoever except for use of H-Town Rewards App  in compliance with these Terms. 

11. INDEMNITY & DISCLAIMER OF WARRANTIES 

a. City makes no guarantees, warranties, or representations of any kind concerning the App and services provided through the App, including the Program except as expressly contained in these  Terms. USER AGREES TO RELEASE, DISCHARGE, DEFEND, INDEMNIFY AND  HOLD HARMLESS THE CITY AND ITS OFFICERS, DIRECTORS, ELECTED  OFFICIALS, AFFILIATES AND AGENTS, AND PURCHASING AND REDEEMING  MERCHANTS FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION  (E.G., ALL LIABILITY, JUDGMENTS, PENALTIES, LOSSES, COSTS DAMAGES AND  EXPENSES, INCLUDING ATTORNEYS’ FEES) MADE BY ANY THIRD PARTY OF  WHATEVER KIND OR NATURE, EITHER IN LAW OR EQUITY ARISING FROM OR  RESULTING OR TO RESULT FROM ANY ACT, MATTER, ACCIDENT, OR  OCCURRENCE, WHATSOEVER, ARISING OUT OF: IN CONNECTION WITH OR  INCIDENTAL TO USER’S USE OF THE H-TOWN REWARDS APP, INCLUDING BUT  NOT LIMITED TO: 

(1) USER’S SUBMISSION OF DATA THROUGH THE H-TOWN REWARDS APP,  

(2) THE EARNING, REDEMPTION, AND USE OF H-TOWN REWARD POINTS,  INCLUDING ANY REWARDS THAT, AFTER RECEIPT, MAY BE LOST,  STOLEN, OR DESTROYED;  

(3) USER’S USE OF THE H-TOWN REWARDS APP; 

(4) USER’S VIOLATION OF THESE TERMS; 

(5) USER’S VIOLATION OF ANY RIGHTS OF ANOTHER.  

PURCHASING AND REDEEMING MERCHANTS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR REPRESENTATIVES OF CITY. REDEMPTION AT A REDEEMING MERCHANT MAY VARY. CITY IS NOT RESPONSIBLE FOR, AND ASSUMES NO LIABILITY FOR, THE ACTIONS OR REDEMPTION RESPONSIBILITIES OF A REDEEMING MERCHANT. NOTHING IN  THE H-TOWN REWARDS PROGRAM OR IN THESE TERMS IS INTENDED TO  CREATE ANY AGENCY, PARTNERSHIP OR JOINT VENTURE BETWEEN CITY AND  ANY MERCHANT. IF ANY REDEEMING MERCHANT IMPROPERLY DENIES ANY  USER ANY BENEFIT THEY ARE ENTITLED TO UNDER THE H-TOWN REWARDS  PROGRAM, THE LIABILITY OF THE REDEEMING MERCHANT, OR OF CITY IS  LIMITED TO THE FAIR MARKET VALUE OF THE DENIED BENEFIT AS  DETERMINED BY CITY OR COLU. 

b. CITY PROVIDES ANY AND ALL SERVICES THROUGH THE H-TOWN REWARDS APP, INCLUDING THE H-TOWN REWARDS PROGRAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. CITY, TO THE FULLEST EXTENT PERMITTED BY  

APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND,  EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY,  COMPLETENESS OR AVAILABILITY. 

c. User agrees that City has not represented that (1) the H-Town Rewards Program will include any particular products or services, (2) that the H-Town Rewards Program and any other services provided through the H-Town Rewards App will not be interrupted, without omissions or error  free, or (3) that defects will be corrected or changes implemented. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CITY’S OWN NEGLIGENCE, WILL CITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING  BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA  OR OTHER INTANGIBLE LOSSES, ARISING OUT OF THE H-TOWN REWARDS  PROGRAM, INCLUDING BUT NOT LIMITED TO USER’S USE OR INABILITY TO  ACCESS OR USE OF THE H-TOWN REWARDS APP, ANY CONDUCT OR CONTENT  OR ANY THIRD PARTY ON THE SERVICES, ANY CONTENT OBTAINED FROM THE  H-TOWN REWARDS APP OR PROGRAM, OR, EVEN IF A REPRESENTATIVE OF  CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

d. USER AGREES THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE CITY  AND USER AND THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED  UPON ALLOCATION OF RISK BETWEEN USER AND THE CITY. USER ACKNOWLEDGES THAT ABSENT USER’S AGREEMENT TO THIS LIMITATION OF LIABILITY THE CITY WOULD NOT PROVIDE THE H-TOWN REWARDS APP TO USER. 

12. Notice 

a. City may provide User with notices regarding the H-Town Rewards APP, including changes to these Terms, by email, SMS, text message, website postings, or any other reasonable means now  know or hereafter developed. Notices shall be effective immediately. 

b. Such notices may not be received if User violates these Terms by accessing the H-Town Rewards App in an unauthorized manner. User agrees that User will be deemed to have received any and  all notices that would have been delivered had User accessed the H-Town Regards App in an  authorized manner. 

13. General Provisions  

a. Governing Law. These Terms shall be construed and interpreted in accordance with the applicable laws of the State of Texas and City of Houston. Venue for any disputes relating in any way to this  Agreement shall lie exclusively in Harris County, Texas and/or the Southern District of Texas— Houston Division.  

b. Invalidity. If any provision of these Terms is invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure of City to exercise any of its rights under  these Terms does not constitute a waiver of such rights in any other instance. 

c. Captions. The captions and section titles in these Terms are for convenience only and have no  legal or contractual effect. 

d. Entire Agreement. These Terms constitute the entire agreement between User and City with  respect to User’s use of the H-Town Regards App and the H-Town Rewards Program, superseding  any prior version of these Terms between User and City with respect to the H-Town Regards App  and H-Town Rewards Program.