SUPERPOINTS.COM TERMS OF SERVICE
Background
Superpoints LLC ("Superpoints," "our," "us," or "we"), through its Superpoints properties, allows Members to earn Superpoints ("Points") for certain activities and to utilize certain shopping, e-commerce, communication and informational features (the "Services"). The Services include use of the websites or apps in the Superpoints Network (the "Websites"), the Points Program, and any other features, content, or applications offered from time to time by Superpoints through the Superpoints Network.
Acknowledgment and Acceptance.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services and for the Points. By clicking the button in connection with the creation of your account or using the Services, you agree to be bound by this Agreement, you become a "Member" of the Superpoints Network (the "Points Program"), and you agree to these Points Program Rules set forth below (the "Points Program Rules"). The term "User" refers to a visitor to a Website who has not become a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Websites and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members, earn Points, or make use of the Services, you must read this Agreement and indicate your acceptance by registering.
YOUR USE OF THE SERVICES
This part of the Agreement includes our policy for acceptable use of the Services and Content (as defined below), your rights, obligations and restrictions regarding your use of the Services, and our Privacy Policy, which is incorporated by reference. Certain Services have additional terms, which are hereby incorporated into this Agreement.
Password and Account Information
When you sign up to become a Member, you may also be asked to choose a password, or one may be chosen for you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Superpoints immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You agree to promptly notify us of any change in your address (mail or email) or personal information by updating your profile. To update your profile or to change any of your marketing preferences, sign in and access the "Account" area. Your discontinued participation in the Services or failure to notify Superpoints of any address (mail or email) or material changes to your profile may result in the termination of your Membership and forfeiture of your unredeemed Points.
Please be careful and responsible whenever you're online. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your Personal Information, the Company does not ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Modifications
Superpoints may modify the terms of this Agreement relating to the Services from time to time. Notice of modifications will be posted on the Services.
Eligibility
Use of and Membership in the Services is void where prohibited. Membership limited to one per household. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Services does not violate any applicable law or regulation; (e) you are an individual, not a corporation or other business entity; and (f) you are not and shall not become a Member under another name or email address (in other words, you are limited to one Membership). You acknowledge that Superpoints may require that you execute and deliver an affidavit certifying the foregoing under penalties of perjury as a condition to continued Membership and/or may require that you execute and deliver a copy of a valid government issued photo identification, and that if Superpoints in its sole discretion elects to require that you do so and you do not deliver such affidavit or identification within seven (7) days of our request, Superpoints may terminate your participation in the Superpoints Points Program and/or your Membership, without liability. You acknowledge that your participation in the Superpoints Points Program (discussed below) is subject to all applicable laws, rules, and regulations. Superpoints may refuse to enroll you as a Member, and may restrict, modify, or terminate your participation in the Superpoints Points Program and/or your Membership, without liability, if you violate any law, rule, or regulation, or if your participation could violate any applicable law, rule, or regulation.
Independent Contractor
Nothing herein shall in any way be construed to constitute Member as an agent, employee or representative of Superpoints. Member acknowledges and agrees that it is the responsibility of Member to determine when Member is required to report as income any value received by Member via the redemption of Points for cash or otherwise. Member agrees to and acknowledges the obligation to pay all self-employment and other taxes thereon, as required by applicable law.
Additional Terms or Rules
Certain Services, programs or features within the Superpoints Network, which may or may not involve Point earning opportunities, have their own specific rules. For example:
SuperLucky Button
In addition to this Agreement, SuperLucky Button (https://www.superpoints.com/slb) use is subject to the current SuperLucky Button Sweepstakes Rules. In the event of a conflict between this Agreement and the SuperLucky Button Sweepstakes Rules, the SuperLucky Button Sweepstakes Rules shall prevail.
SuperLucky Mail
In addition to this Agreement, SuperLucky Mail (sent to your email inbox) use is subject to the current SuperLucky Mail Sweepstakes Rules. In the event of a conflict between this Agreement and the SuperLucky Mail Sweepstakes Rules, the SuperLucky Mail Sweepstakes Rules shall prevail.
Stumble Rewards
In addition to this Agreement, Stumble Rewards use is subject to the current Stumble Rewards Sweepstakes Rules. In the event of a conflict between this Agreement and the Stumble Rewards Sweepstakes Rules, the Stumble Rewards Sweepstakes Rules shall prevail.
Fees for Service
You acknowledge that Superpoints reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Superpoints terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription fees. You also acknowledge that Superpoints reserves the right to change or discontinue the Services at any time without notice to you and Superpoints shall not be liable to you or any third party should Superpoints exercise its right to change or discontinue the Services.
Consent to Receive Commercial E-mail
BY AND AS A CONDITION OF BECOMING A MEMBER, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF SUPERPOINTS, AND ACKNOWLEDGE AND AGREE THAT YOUR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY SUPERPOINTS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. You may change the settings in the Account area of the Website(s) to discontinue receipt of email, but by doing so your Membership will be terminated and all Points will be terminated. Superpoints reserves the right to send Members messages from time to time for which they may not be rewarded with Points. Such messages may include system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages"), and may be sent via email or regular mail. Members cannot unsubscribe from these Administrative Messages while they are Members.
Unauthorized Use by Members
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Superpoints. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
Proprietary Rights in Content
Superpoints does not claim any ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that you post to the Services (collectively, "User Content"). After posting User Content to the Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through the Services, you hereby grant to Superpoints a perpetual, non-exclusive, fully-paid, royalty-free, fully sublicensable, irrevocable worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content (in whole or in part). You also permit any User to access, display, view, store and reproduce such User Content for personal use.
Without this license, Superpoints would be unable to provide the Services. For example, without the right to modify User Content, Superpoints would not be able to digitally compress uploaded files that Members submit or otherwise format User Content to satisfy technical requirements, and without the right to publicly perform User Content, Superpoints could not allow Users to access files posted by Members. The license you grant to Superpoints is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Superpoints), fully-paid and royalty-free (meaning that Superpoints is not required to pay you for the use on the Services of the User Content that you post), sublicensable (so that Superpoints is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), irrevocable (meaning that you may not revoke or rescind such license for any reason) and worldwide (because the Internet is and the Services may be global in reach).
You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you to or through the Services.
The Services contain content of Superpoints or our licensors ("Our Content.") ("Our Content" and "User Content" is collectively referred to as the "Content"). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and Superpoints (or our licensors) owns and retains all rights in Our Content and the Services. Superpoints hereby grants you a non-exclusive, non-sublicensable, nontransferable, revocable, limited license to reproduce and display Our Content (excluding any software code) solely for your personal use in connection with viewing the Websites and using the Services in accordance herewith. Superpoints does not grant you any other licenses, express or implied, to the intellectual property of Superpoints or its licensors, including to Our Content, and you may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of Our Content.
Use Restrictions
You agree that you will use the Websites and Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use any Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by us; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Website; or (iv) use any Website for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Superpoints reserves the right, but shall have no obligation, to investigate your use of any Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Content Posted
Without liability of any kind, Superpoints may reject, refuse to post, or delete any Content (including private messages) that in the sole judgment of Superpoints violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Superpoints assumes no responsibility for monitoring the Services for inappropriate Content or conduct.
If at any time Superpoints chooses, in its sole discretion, to monitor the Services, Superpoints nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, any material or information that you transmit to other Members, and for your interactions with other Users. Superpoints does not endorse and has no control over the Content. Content is not necessarily reviewed by Superpoints prior to posting and does not necessarily reflect the opinions or policies of Superpoints. Superpoints makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users or that is transmitted by other Users to you.
Prohibited Content
Please choose carefully the information you post on the Websites and that you provide to other Users.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Superpoints reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Superpoints: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photos or links to pirated files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person's consent.
Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we expressly disclaim any responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Superpoints at abuse@superpoints.com and reference Service Abuse in the subject line.
Prohibited Activities
The following is a partial list of the kind of activity that is illegal or prohibited on the Websites and through your use of the Services. Superpoints reserves the right to investigate and take appropriate legal action against anyone who, in Superpoints’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; unauthorized advertising to, or solicitation of, any Member to buy or sell any products or services through the Services; covering or obscuring the banner advertisements on your personal profile page, or any page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; attempting to impersonate another Member or person; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person; holding yourself out as sponsored by, endorsed by or affiliated with Superpoints; use the Services for making available Content that is harmful to minors in any way; or using the Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send any notices of suspected Copyright Infringement issues to support2@superpoints.com and reference "Copyright Issues" in the subject line.
Disputes Among Users
You are solely responsible for your interactions with other Users. Superpoints reserves the right, but has no obligation, to monitor disputes between you and other Users.
Disclaimers Regarding the Services
Superpoints is not responsible for any incorrect or inaccurate Content posted on any Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Websites may contain links to other websites. Superpoints is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Superpoints. Inclusion of any linked website on a Website or from within the Services does not imply our approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. Superpoints takes no responsibility for third party advertisements which are posted on the Websites or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Superpoints is not responsible for the conduct, whether online or offline, of any User of the Services. Superpoints assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Superpoints is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Superpoints be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Superpoints event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline.
U.S. Export Controls
Any software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any Software is at your sole risk, and you agree to comply with all applicable export laws, regulations, or requirements as may apply to your use of the Services. You agree to indemnify Superpoints for any liability resulting from your failure to comply with applicable export laws, regulations, or requirements.
Trademarks
"Superpoints", "LuckMail", "LuckySearch", as well as the Superpoints Symbol are trademarks of Superpoints.
POINTS PROGRAM RULES
Earning Points
Subject to the terms and conditions hereof, if you become a Member you may earn Points for taking advantage of Point-earning opportunities through the Services and through third party websites; responding to offers from participating advertisers and partners via email, postal mail or telephone; and/or complying with the terms of other offers or programs from Superpoints, all as outlined herein.
Participation
We are under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them, and Point earning ability may differ from Member to Member, even for completing the same actions. As a condition to being eligible to earn Points, you agree to comply with the terms and conditions of all Superpoints and Superpoints partner offers, promotions and programs at all times and agree not to abuse the privileges of Membership by conduct that is detrimental to the interests of Superpoints, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with the Services. Points will be awarded to you if and when you fulfill the conditions for such award, as determined by us in our sole discretion.
Bonus Points
Member may be offered promotional opportunities to earn Bonus Points. There may be a delay between when Member engages in the activity qualifying Member to receive bonus Points and when the bonus Points are credited to Member’s account.
Point Balance
Your official Point balance is determined by our system, and you acknowledge that the balance displayed to you may differ from your official Point balance. We reserve the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled.
Point Redemption
Points may be redeemed only for rewards that are offered at the time of redemption, and rewards are subject to change at any time without notice. In the event that we make a cash reward option available (though we are under no obligation to do so), then subject to the then-current version of this Agreement and to the submission by you to Superpoints of all required documentation (which may include but is not limited to a valid Form W-9), Even if we make a cash reward option available, we reserve the right to suspend or terminate the ability of a Member to redeem Points for cash at any time and from time to time, without notice (and in our sole discretion). The number of Points required to redeem a reward may vary among Members and are subject to change at any time and from time to time, without notice in our sole discretion. Points will be subtracted from your account once you place a redemption order and it is captured by the Superpoints system. Once used to redeem a reward, Points will not be reinstated to your account. A pattern of placing orders followed by cancellations will be construed as purchasing fraud and could result in the termination of your Membership.
Enrollment
If Member voluntarily cancels enrollment in the Points Program or cancels such Member’s account, then the Points accrued in the Member’s account will immediately and automatically be forfeited by Member and expire. If Member’s membership or participation in the Points Program is cancelled by us (for any reason in our sole discretion), then the Points accrued in the Member’s account will immediately and automatically be forfeited by Member and expire.
Refunds
Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances.
Lost Rewards
Rewards must be redeemed in accordance with Points Program communications. Superpoints and participating merchants are not responsible for replacing lost, stolen or mutilated Rewards (in any form).
Shipping
Some rewards may require an additional charge for shipping and handling. All such charges will be your responsibility. Additionally, in the event that any sales or other tax is imposed on any transaction by you under the Points Program, all such taxes will be your responsibility.
We cannot deliver to PO, APO or FPO boxes. Rewards can only be shipped to Member’s mailing address with in the 48 contiguous United States. Items ordered at the same time may arrive separately. Merchandise will be delivered to Member’s shipping address within 14 days of placing the order.
Condition to Redemption
In conjunction with spending Points for rewards, you agree to confirm that all information in your personal profile (superpoints.com/profile) is up-to-date and accurate. Points may be spent only on rewards as offered through Superpoints or, to the extent available through the Points Program, its advertisers or partners at the time of redemption. Superpoints is not responsible for lost or stolen rewards once issued.
All rewards are subject to availability. Certain rewards are available only during the time periods described in the Points Program communications (including Points Program website). Certain restrictions apply to rewards. Terms and conditions of each reward are set forth in Points Program communications. Merchants participating in the Points Program are subject to change.
Please note any special instructions or restrictions as you request your redemption. All rewards are available while quantities last. Product specifications are subject to change without notice and all product orders are subject to product availability. You will be notified if the item you have ordered is not available and when it will become available. We reserve the right to substitute items of equal or greater value. We will ship the model pictured or the most current comparable model available (we are not responsible for typographical or pictorial errors). Items shown were the latest models available at the time of printing. We reserve the right to modify or cancel rewards offered in Points Program communications or in merchandise catalogs without notice.
Consequences of Inactivity
Superpoints reserves the right to cancel or disable accounts and terminate unredeemed Points in those accounts that are inactive for a period of 30 days or more or for Points not redeemed after 24 months. "Inactive" shall be defined as failure to log in for a period of 30 days. Superpoints reserves the right to limit your or suspend opportunities to earn Points while you remain inactive in our sole discretion.
Our Advertisers and Third Party Merchants
Your correspondence with or participation in our advertisers’ and third party merchants’ promotions are solely between you and the advertiser or third party merchant. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion. You understand and acknowledge that in some cases, there may be delay in the crediting of Points for promotions of advertisers or third party merchants due to advertiser's or partner's failure to provide necessary information to Superpoints for such crediting of Points. We will not be responsible or liable for the delay or failure to credit Points in such event.
Please review the terms and conditions applicable to specific rewards before redeeming. Terms and conditions imposed by the third party merchants may apply. You acknowledge and agree that it is your responsibility to review all such terms and conditions and that such terms and conditions shall apply to the applicable rewards in addition to this Agreement.
Points Non-Transferable
Your right to use Points is non-transferable, and points are non-transferable are void if transferred. Points and/or rewards may not be transferred to another account nor bartered or sold, and are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law. Points have no cash value.
GENERAL
Disclaimers
SUPERPOINTS MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH THE SUPERPOINTS POINTS PROGRAM – THEY ARE PROVIDED "AS IS," AND "AS AVAILABLE," AND SUPERPOINTS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE OR NON-INFRINGEMENT. SUPERPOINTS MAKES NO WARRANTY THAT IT WILL MEET MEMBERS' REQUIREMENTS, OR THAT SUPERPOINTS’S POINTS PROGRAM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT SHALL SUPERPOINTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SUPERPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUPERPOINTS'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
The warranty disclaimers and limitations of liability set forth in this Agreement shall apply irrespective of any failure of essential purpose of any limited remedy.
Disputes with Superpoints
Superpoints shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of Membership (including cancellation of Points) shall be final and binding. Superpoints reserves the right to exercise any legal remedy to recover damages for a breach or contravention of the terms hereof. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the City of Austin, Texas. Either Superpoints or you may demand that any dispute between us about or involving the Services must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent Superpoints from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold Superpoints, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on any Website or through the Services causes Superpoints to be liable to another.
Term and Termination of Account and Points
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions found in the Member area of the Website. Superpoints may delete your profile and terminate your Membership at any time in it’s sole discretion, without warning and without liability of any kind.
We reserve the right to terminate or disable, at our sole discretion, any Member’s account if we believe such Member has violated or acted inconsistently with this Agreement, or law. We shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding. We are not required to provide you notice prior to termination your membership or participation in the Points Program. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.
If your Membership is terminated for any reason, you may not create a new Membership during the six month period following such termination, and any attempt to contravene this limitation (as determined by Superpoints in its sole discretion) will result in the immediate termination of your Membership and the automatic forfeit of any Points associated therewith.
You understand and agree that disabling or termination of membership will result in the inability to redeem and/or earn Points. Membership and all your Points will terminate immediately in the event of your death.
All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Other
This Agreement is accepted by you upon your use of any Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Superpoints regarding your use of the Services. In the event of a conflict between this Agreement and any terms presented to you in connection with the purchase by you of any products from Superpoints, the terms presented in connection with such purchase shall prevail. The failure of Superpoints to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law. Superpoints may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Superpoints, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Questions
Please contact us at: support2@superpoints.com with any questions regarding this Agreement.
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