TERMS AND CONDITIONS
Effective as of March 25, 2017
Rewards Everywhere Program Terms and Conditions
These Rewards Everywhere program Terms and Conditions and any additional terms and conditions that are established and required by CompLinks, LLC are applicable to certain programs or offers in which you may elect to participate as part of the CompLinks Rewards Everywhere program ("Terms and Conditions") govern the terms and conditions on which an individual ("you") may participate in the CompLinks Rewards Everywhere program, also known as the Rewards Everywhere powered by CompLinks (“CompLinks”). The Rewards issued in the program may also be referred to as points (“Points”). The Rewards Everywhere Program is owned and operated by CompLinks, LLC ("CompLinks", "us", "our", "we").
In connection with Rewards Everywhere, CompLinks operates this website, and the Rewards Everywhere mobile applications and mobile websites (collectively, the "Rewards Everywhere Sites").
By enrolling in the Rewards Everywhere Program, using the Rewards Everywhere Sites and/or CompLinks' services through the Rewards Everywhere Site, participating in the Rewards Everywhere Program or by clicking on the "I agree to the Terms and Conditions," you agree that you have read and understand these Terms and Conditions.
If you do not consent to these Terms and Conditions, please do not access, browse, or use the Rewards Everywhere Site, participate in the Rewards Everywhere Program, use the services offered through the Rewards Everywhere Program or the Rewards Everywhere Site or provide information to us.
Please review any additional terms and conditions that are provided by participating retailers, online merchants, manufacturers, and other participants who issue and/or fund Rewards (“Issuing Participants”) and participating merchants who redeem Rewards (“Redeeming Participants”) in the Rewards Everywhere Program (“Additional Terms and Conditions”). Subject to and without limiting the terms and conditions hereunder, you agree to comply with such Additional Terms and Conditions, and your participation in and use of the Rewards Everywhere Program is subject to such Additional Terms and Conditions. The Additional Terms and Conditions for Issuing Participants can be obtained through one or more of the following means: by visiting the Issuing Participant’s website; by calling the telephone number found at the Issuing Participant’s website; by visiting the customer support counter at the participating retail location; or by contacting the Issuing Participant's customer support department. The Additional Terms and Conditions for participation in the Rewards Everywhere program can be found here. Additional Terms and Conditions applicable to certain other programs or offers are described on this website, or in material provided in connection with a promotion or offer.
Changes to Terms and Conditions
We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions on the Rewards Everywhere Site. You can determine when these Terms and Conditions were last revised by referring to the “Last Updated” legend at the top of these Terms and Conditions. Your access to or use of the Rewards Everywhere Site following changes to these Terms and Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms and Conditions shall not apply to any dispute between you and CompLinks arising prior to the date on which CompLinks posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.
Participation in the Rewards Everywhere Program
When you enroll in the Rewards Everywhere Program as a member ("Member") you are able to collect points per dollar rewards ("Rewards") by, among other things, purchasing qualified products at participating online merchants and websites, and to exchange the Rewards for comp points at participating merchant properties.
To enroll, you must meet the terms for participation established by us to obtain an Rewards Everywhere Program account ("Rewards Everywhere Account" or “Account”).
Once your Rewards Everywhere Account is activated and you have provided us with a valid e-mail address, we will establish an account in your name. We may refuse to grant to you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address). You may only collect Rewards in one Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms and Conditions, commit fraud or falsify information in connection with your use of the Rewards Everywhere Program or the Rewards Everywhere Site, or take any other act which we feel is detrimental to CompLinks or the Rewards Everywhere Program in our sole discretion, we may terminate your Account, and you will forfeit any pending, current or future Rewards. You may elect to close your Account at any time by notifying CompLinks. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.
You can earn Rewards in the Rewards Everywhere Program in many ways including but not limited to the following:
Rewards may be earned by making purchases at the participating online merchants accessed through the online shops (“Online Shops”) from the links on the Rewards Everywhere Site.
Rewards may be earned through participating in certain sweepstakes, contests or promotions or taking certain actions.
Our Rewards Everywhere Program entitles you to earn Rewards only from Issuing Participants in the United States and payment cards issued in the United States. Specific offers, terms and conditions and expiration details for how to earn Rewards are described on this website or in material provided in connection with a promotion or offer.
In order to be eligible to earn Rewards, you must identify yourself as a Member by presenting required information regarding your membership in the Rewards Everywhere Program, as applicable, when dealing with Issuing Participants. Although each Online Shops transaction is made directly through an individual online merchant's website, you must access the online merchants through the Rewards Everywhere Site to earn Rewards for making purchases from the online merchants. Or you must access the sites through a search engine or their direct URL if you have the Rewards Everywhere Web Browser Extension (“Browser Extension”) installed.
Rewards that you accrue as a result of your transactions with Issuing Participants will be posted to your Account, and a summary of activity in your Account will be displayed on the Rewards Everywhere Site. Rewards will normally be posted to your Account within 4 to 5 days from the date of your purchase from an Issuing Participant, but may be posted to your Account at a later time depending on the Issuing Participant or the applicable offer. We do not assume any liability for the failure of Rewards to post to your Account in a timely manner. Rewards earned as a result of transactions with Issuing Participants expire in accordance with the terms of the applicable offer.
You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If you believe that proper credit does not appear on your Account, you should contact us via the Rewards Everywhere Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE REWARDS EVERYWHERE PROGRAM.
We will credit your Account with only those Rewards you earn by dealing with Issuing Participants in good standing with us, and may require Issuing Participant authorization to do so. We are not responsible if an Issuing Participant delays or fails to make such an authorization or for any other delay in recording Rewards in your Account.
We are not responsible if an Issuing Participant delays or fails to make adjustments to your Account regarding a disputed Reward or for any other delay in recording Rewards in your Account. Some participating retailers may not participate in the Rewards Everywhere Program or may participate only at certain times. We may refuse to record or honor Rewards in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Rewards if the Issuing Participant does not pay the amounts owed to us or tells us to cancel the Rewards (for example, because you returned or did not pay for products or services for which the Rewards were issued). Issuing Participants will determine the conditions under which they will permit you to earn Rewards and may change those conditions at any time and without notice. Neither we nor any Issuing Participant is responsible for any offer or Reward which is no longer in effect. CompLinks is not responsible for changes to, or discontinuance of, any special offer, or promotion offered by an Issuing Participant. CompLinks is not responsible for changes to, or discontinuance of, any Issuing Participant or Redeeming Participant, or for any Issuing Participant or Redeeming Participant withdrawing from the Rewards Everywhere Program, or for any effect on accrual of Rewards, or ability to redeem Rewards, caused by such changes, discontinuance, or withdrawal.
If you believe that any Account summary showing the number of Rewards in your Account is in error or have a dispute regarding Rewards, you must notify us at the Member Support Helpdesk within 60 days of the date the purchase was made or it will be deemed correct. You may be required to submit documentation to support your claim.
Rewards Everywhere Membership and all rights relating to it, are and will remain the property of CompLinks or the applicable Issuing Participant. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the Rewards Everywhere Program.
In the case of any failure by you to follow these Terms and Conditions or any other terms or conditions applicable to programs or offers in which you may elect to participate as part the Rewards Everywhere Program (including any terms and conditions of any Issuing Participant or Redeeming Participant), or any other fraud, misrepresentation, or abuse related to the Rewards Everywhere Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Rewards have been credited, as determined by us in our sole discretion, we and the Issuing Participants reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the Rewards Everywhere Program may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account. You give CompLinks permission to review your Account with Issuing Participants and Redeeming Participants in cases where CompLinks suspects fraudulent activity.
Redemption of Rewards
Redemptions of Rewards Everywhere Rewards take place in the form of an exchange of Rewards for the Redeeming Participants internal rewards program points from within the Rewards Everywhere Site. To redeem Rewards, you must be an active member in good standing with Redeeming Participants and their internal rewards program. The exchange rate is set by the Redeeming Participants staff and/or management and is beyond the control of CompLinks.
NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER'S ACCOUNT. REWARDS HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY, CANNOT BE APPLIED AS CREDIT TO ANY PAYMENT CARD STATEMENT, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS OR OFFERS ESTABLISHED BY US OR AN ISSUING PARTICIPANT. Transactions upon which Rewards are earned or redeemed are made directly with an Issuing Participant or Redeeming Participant, and CompLinks has no responsibility for the design, delivery, use, standard, quality or otherwise of any goods or services sold by Issuing Participants or Redeeming Participants through the use of the Rewards Everywhere Program. These transactions and all Rewards are subject to all applicable legal rules and the terms and conditions set by the Issuing Participants and Redeeming Participants.
THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE REWARDS EVERYWHERE PROGRAM AND ON THE COMPLINKS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. NEITHER COMPLINKS NOR ANY ISSUING PARTICIPANT, REDEEMING PARTICIPANT OR TRANSACTION INFORMATION PROVIDER WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE REWARDS EVERYWHERE PROGRAM OR YOUR USE OF THE COMPLINKS SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EACH OF THE FOREGOING PARTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPLINKS NOR ANY ISSUING PARTICIPANT, REDEEMING PARTICIPANT OR TRANSACTION INFORMATION PROVIDER WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULT OR COULD RESULT FROM INTERCEPTION BY ANY THIRD PARTY OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE REWARDS EVERYWHERE SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE REWARDS EVERYWHERE SITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER COMPLINKS NOR ANY ISSUING PARTICIPANT OR REDEEMING PARTICIPANT GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER COMPLINKS NOR ANY ISSUING PARTICIPANT OR REDEEMING PARTICIPANT SHALL BE LIABLE FOR ANY FAILURE OF THE REWARDS EVERYWHERE PROGRAM OR THE REWARDS EVERYWHERE SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF COMPLINKS OR SUCH ISSUING PARTICIPANT OR REDEEMING PARTICIPANT, AS APPLICABLE.
You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your Rewards Everywhere Account; (ii) provide any unauthorized third party with access to the Rewards Everywhere Program or any information, offers, data, text, photographs, links, images, software, chat, communications, interactive features and other content generated, provided or otherwise made available through the Internet and proprietary to CompLinks by any means; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Rewards Everywhere Program; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Rewards Everywhere Program; (v) introduce into the Rewards Everywhere Site any code intended to disrupt the Rewards Everywhere Program or Rewards Everywhere Site, alter or delete its content, access confidential content on the Rewards Everywhere Site or interfere with the operation of the Rewards Everywhere Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the Rewards Everywhere Site or to breach security or authentication measures without proper authorization; (vii) post any material in any form whatsoever on the Rewards Everywhere Site or within the Rewards Everywhere Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or (viii) infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Rewards Everywhere Program or the Rewards Everywhere Site; (ix) use fictitious Rewards Everywhere Program Rewards Codes or otherwise fraudulently obtain Rewards, or (x) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Rewards Everywhere Program or the Rewards Everywhere Site.
You may post reviews, comments, photos, and other content; and make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, advertising, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, use an e-mail address that is a name that is offensive, vulgar or obscene, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do post content or submit information or material to the Rewards Everywhere Site, Linked Sites (as defined below), through social media accounts administered by CompLinks, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant to CompLinks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting Rewards Everywhere, the Issuing Participants and the Redeeming Participants, and promoting and redistributing part or all of the Rewards Everywhere Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, throughout the world in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms and Conditions or the rights of any third party, and will not cause injury to any person or entity.
CompLinks has the right but not the obligation to monitor and edit or remove any activity or content. CompLinks takes no responsibility and assumes no liability for any content posted by you or any third party.
Ownership and Trademarks
CompLinks, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications trademarks, trademark registrations, service marks, trademark registration applications, tradenames, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the Rewards Everywhere Program and on the Rewards Everywhere Site. CompLinks may enforce all rights to the full extent of the law.
Without the prior written consent of CompLinks, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the Rewards Everywhere Program or the Rewards Everywhere Site. Systematic retrieval of content from the Rewards Everywhere Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Rewards Everywhere Site without written permission from CompLinks is strictly prohibited.
Nothing in the Rewards Everywhere Program or on the Rewards Everywhere Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Rewards Everywhere Program or on the Rewards Everywhere Site. Unless otherwise specified, the Rewards Everywhere Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Rewards Everywhere Site for your personal use only. Copying or downloading material from the Rewards Everywhere Site does not transfer title to any material on the Rewards Everywhere Site to you. If you copy or download any information or software from the Rewards Everywhere Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of CompLinks or such third party, which may own the marks.
You will not upload, post or otherwise make available on the Rewards Everywhere Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
You recognize the value of the goodwill associated with the Rewards Everywhere Program and acknowledge that the Rewards Everywhere Program and the Rewards Everywhere Site and all rights therein and goodwill pertaining thereto belong exclusively to CompLinks. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Rewards Everywhere Program or thereafter: (i) attack the title or any rights of CompLinks in or related to the copyright, trademarks, patents and other intellectual property in the Rewards Everywhere Program and/or the Rewards Everywhere Site; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the Rewards Everywhere Program and/or the Rewards Everywhere Site; (iii) claim (adversely to CompLinks or anyone claiming rights through CompLinks) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the Rewards Everywhere Program and/or the Rewards Everywhere Site; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the Rewards Everywhere Program and/or the Rewards Everywhere Site or bring the Rewards Everywhere Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of CompLinks' trademarks or any mark which is, in CompLinks' reasonable opinion, the same as or confusingly similar to any of CompLinks' trademarks; (vi) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in CompLinks' reasonable opinion, the same as, confusingly similar to or incorporates any of the CompLinks' trademarks, and/or (vii) engage in behavior we deem to be abusive to us, our employees, or to the Rewards Everywhere Program.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Rewards Everywhere Site infringe your copyright, you (or your agent) may send to CompLinks a notice requesting that CompLinks remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to CompLinks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, found here . Notices and counter-notices should be sent to
Attn: General Counsel
11924 Forest Hill Blvd Ste 10A-145
Wellington, FL 33414
Email: [email protected]
We may send you certain Rewards Everywhere Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties, including the Issuing Participants and Redeeming Participants, that have a relationship with the Rewards Everywhere Program. As a member in the Rewards Everywhere Program, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Rewards Everywhere Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting our Member Support Helpdesk. Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account (including communications informing you when you have linked or unlinked a payment card to your Account), without offering you the opportunity to opt out of receiving them. CompLinks is not responsible and shall have no liability for any promotional or other communications sent to you by Issuing Participants or Redeeming Participants.
Collection and Use of Certain Information
You acknowledge that in order to operate the Rewards Everywhere Program, we will collect information about you, your participation in the Rewards Everywhere Program and your purchases from Issuing Participants. You authorize Issuing Participants and their respective agents to disclose to us any and all information with respect to your purchases from such Issuing Participant, including but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, and the email entered for the purchase. You agree to hold us harmless for any information so disclosed to us.
Discontinuation or Suspension of Use
We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the Rewards Everywhere Program; (ii) change, discontinue or limit access to the Rewards Everywhere Program or any participant, reward, functionality, feature or other component of the Rewards Everywhere Program; or (iii) suspend or terminate your use of or access to the Rewards Everywhere Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
Limitation of Liability
NEITHER WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS, ANY TRANSACTION INFORMATION PROVIDER, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE COMPLINKS SITE, THE COMPLINKS PROGRAM OR YOUR PARTICIPATION IN THE COMPLINKS PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE COMPLINKS PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR COMPLINKS CARD, ALT ID OR PARTICIPANT CARD OR PIN; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE COMPLINKS PROGRAM MADE BY AN ISSUING PARTICIPANT OR REDEEMING PARTICIPANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF ISSUING PARTICIPANTS OR REDEEMING PARTICIPANTS. THIS APPLIES EVEN IF WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00).
You agree to indemnify, defend and hold CompLinks and its affiliates, the Issuing Participants, the Redeeming Participants and the Transaction Information Providers (and its and their officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents) harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms and Conditions, including without limitation attorneys' fees and costs. For those matters subject to indemnification by you in which neither CompLinks nor any of its affiliates is a party, any applicable indemnified Issuing Participant, Redeeming Participant and/or Transaction Information Provider may provide input into the defense of such matters, at their own expense. You further agree to cooperate as requested by CompLinks in the defense of any indemnified claim. You shall not in any event settle any indemnified claim without the prior written consent of CompLinks. Without limiting any obligation to indemnify and hold harmless, with respect to your obligation to defend, CompLinks reserves the right, at its own discretion and expense, to assume the exclusive defense (including exclusive control) of any matter that is subject to indemnification by you.
By participating in the Rewards Everywhere Program, you release CompLinks and its affiliates and the Issuing Participants, Redeeming Participants and the Transaction Information Providers from any injury or harm that may arise from participation in the Rewards Everywhere Program.
You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release CompLinks, the Issuing Participants, the Redeeming Participants and the Transaction Information Providers (and its and their officers, directors, employees, affiliates, parent companies, joint ventures, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Termination, Changes and Breach
We may change, cancel, suspend or discontinue any aspect of the Rewards Everywhere Program, the Rewards, the Issuing Participants and Redeeming Participants, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability and even though changes may affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire Rewards Everywhere Program without notice or liability.
For example, but without limitation, we may add, delete or change Issuing Participants, Redeeming Participants, time limits for collection, redemption or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. If no Rewards are recorded in your Account for twenty-four months, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Rewards Everywhere Program privileges or act in any other way to the detriment of us, our Issuing Participants, Redeeming Participants, or the Rewards Everywhere Program, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities. If a Reward expires or is cancelled for any reason, it becomes void without compensation. You may elect to close your Account, terminate your participation in the Rewards Everywhere Program, and not use our products and services or the products and services or the Issuing Participants or Redeeming Participants at any time in your sole discretion.
The Points issued in the Rewards Everywhere Program will expire if there is a period of twenty-four consecutive months of Account inactivity. An Account is deemed inactive if there has been no Points earned in any twenty-four consecutive months. After a period of twenty-four continuous months of inactivity, the Account balance will become zero.
License and Rewards Everywhere Site Access
CompLinks grants you a limited license to access and make personal use of the Rewards Everywhere Site. This license does not include any resale or commercial use of the Rewards Everywhere Site or its contents. The Rewards Everywhere Site or any portion of the Rewards Everywhere Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of CompLinks.
Availability of the Rewards Everywhere Site
COMPLINKS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE COMPLINKS SITE. You acknowledge that there may be interruptions in service or events that are beyond our control. The Rewards Everywhere Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the Rewards Everywhere Site to anyone at any time and for any reason.
Security of the Rewards Everywhere Site
Certain parts of the Rewards Everywhere Site will be password protected and accessible only to users with valid usernames and passwords. Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the user IDs and passwords by which you access the Rewards Everywhere Program and the Rewards Everywhere Site, and will allow access to the Rewards Everywhere Program and the Rewards Everywhere Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither CompLinks nor any third party will contact you to solicit your user ID or password. Therefore, you should not provide your user ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else's Account, username or password without that person's permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT COMPLINKS HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Rewards Everywhere Program and the Rewards Everywhere Site that would damage, interfere with or unreasonably overload the Rewards Everywhere Program and the Rewards Everywhere Site.
Linked Internet websites and other platforms
The Rewards Everywhere Site provides hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to other websites not controlled by us ("Linked Sites"). These Linked Sites may contain terms and conditions and privacy provisions that are different from those provided herein. In addition, if you use a social media platform or your mobile device or other method of communication to interact with CompLinks or the Rewards Everywhere Site, these applications also have terms and conditions and privacy provisions that governs the use of personal information related to that application. We are not responsible for the collection, use, or disclosure of information collected through Linked Sites, social media platforms, mobile devices or other methods of communication and we expressly disclaim any and all liabilities related to such collection, use, or disclosure.
These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Rewards Everywhere Program, your entitlement to collect and redeem Rewards and your entitlement to any other benefits of the Rewards Everywhere Program, and supersede all previous versions. Except as expressly provided herein, CompLinks and any applicable third parties reserve all rights with respect to the Rewards Everywhere Program and the Rewards Everywhere Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the Rewards Everywhere Site) in the event of any violations. CompLinks may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Rewards Everywhere Program or any Reward. We will not be deemed to have waived any of our rights even if we redeem Rewards when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. The Rewards Everywhere Program, all rules and Terms and Conditions are governed by the laws of Florida. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by either CompLinks or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and CompLinks. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Must Be At Least 18 Years Old to Use The Rewards Everywhere Site
At the Rewards Everywhere Site, CompLinks makes no active effort to collect personal information from individuals under the age of 18. Although CompLinks requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
The Rewards Everywhere Site is controlled and operated by CompLinks from the United States, and is not intended to subject CompLinks to the laws or jurisdiction of any state, country or territory other than that of the United States. CompLinks does not represent or warrant that the Rewards Everywhere Site, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the Rewards Everywhere Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
Not Authorized to Do Business In Every Jurisdiction
CompLinks is not authorized to do business in every jurisdiction. Information published on the Rewards Everywhere Site may contain references or cross-references to goods or services that are not available in your state or country.
The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, the language of these Terms and Conditions as written in English will govern.
The terms of these Terms and Conditions are governed by the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPLINKS AND/OR ANY ISSUING PARTICIPANT OR REDEEMING PARTICIPANT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPLINKS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Third Party Beneficiaries
The provisions of these Terms and Conditions are for the benefit of CompLinks and you and not for any other person or entity; provided, however, that the Issuing Participants, Redeeming Participants and Transaction Information Providers shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.
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