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Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS & CONDITIONS UNLESS YOU OFFER DIFFERENT TERMS THAT ARE ACCEPTED IN WRITING BY LOYALTY EXCLUSIVES, INC.. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE.
Loyalty Exclusives, Inc. reserves the right, in its sole discretion, to revise these Terms & Conditions at any time, for any reason, without notice. Loyalty Exclusives, Inc. also reserves the right, in its sole discretion, to change the methods through which future rewards are earned. This may include changing the approval requirements necessary to receive future rewards by increasing or decreasing the number of advertiser offers that must be completed to qualify, establishing or eliminating friend referral requirements and adding or decreasing the amount of steps necessary to confirm that you have a legitimate account. Loyalty Exclusives, Inc. may also add or remove any product or service listed as a reward at any time. If Loyalty Exclusives, Inc. replaces a reward, the new reward may not be of equal value. Please check these Terms & Conditions periodically for changes. Your use of this website following any such modification constitutes your agreement to follow and be bound by the Terms & Conditions as modified. The last date these Terms & Conditions were revised is set forth below. IF YOU BREACH ANY OF THESE TERMS & CONDITIONS, YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AND YOUR ACCOUNT WILL BE DISQUALIFIED.
Loyalty Exclusives, Inc. is responsible for reward fulfillment. Please do not contact our advertisers regarding the status of your reward.
A. You must be a U.S. resident at least 18 years of age or older, with a valid U.S. email address and shipping address. Please do not enter a P.O. box as your shipping address; we will not ship to P.O. boxes.
B. You must register with valid information, including a zip code that is not disqualified from participating.
(1.)The following zip codes are disqualified from participating:
07103, 07104, 07108, 07112, 07114, 60411, 60422, 60423, 60426, 60428, 60429, 60430, 60443, 60452, 60461, 60156, 60471, 60477, 60478, 60487
C. To qualify for the reward on this particular website, you must:
(1.) the following reward offers: two (2) offers from Silver Offers, two (2) offers from Gold Offers, and four (4) offers on Platinum Offers;
(2.) refer 0 unique household(s) that also complete the program requirements.
*Please note that available reward offers will vary. Some reward offers require a purchase. Credit card offers may require you to activate the card by making a purchase, transferring a balance or taking a cash advance.
D. Follow the redemption instructions.
E. This offer is limited to one reward per household.
F. Each household is limited to the use of one email address.
G. Each household must use the same email address throughout all websites owned or operated by Loyalty Exclusives, Inc., and/or its affiliated companies.
H. In a six-month period, each household may qualify for and receive:
(1.) multiple rewards offered by Loyalty Exclusives, Inc., and/or its affiliated companies and with a total value of $1,000; or
(2.) one reward offered by Loyalty Exclusives, Inc., and/or its affiliated companies with a value that exceeds $1,000.
I. This offer expires 60 days from the date you register on the website.
J. If at the end of the 60-day period you have successfully completed the required number of reward offers but you have not referred 0 unique household(s) that also completed the program requirements, you will not be eligible to receive the reward. However, as a consolation for participating, you may automatically receive a check for a minimum amount of $25 or a $25 (minimum amount) gift card to the merchant of our choice.
A. Valid Information
(1.) You must provide valid and truthful registration information.
(2.) If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that any information you provided is untrue, inaccurate, not current, or incomplete, your account may be placed on hold or disqualified.
(1.) Only one account is allowed per household. Any accounts that share the same name, email address, mailing or shipping address, telephone number, credit card or IP address will be considered the same household. Accounts in violation of this rule will be placed on hold or disqualified.
(2.) You may not have multiple accounts at more than one address or under more than one name or email address.
(3.) You may not use another persons name or information to receive products from this website. For example, you may not register on this website for another person or complete offers for another persons account.
(4.) You are responsible for maintaining the security of your account. Loyalty Exclusives, Inc. is not liable for any losses incurred through the access of your account by a third party.
(5.) You may access your account at any time by clicking on Check Gift Status and entering the email address that you used to register on the website.
C. Expiration/Cancellation of Account
(1.) Your account will expire 60 days from the date you register on this website. Upon expiration, you will no longer be eligible to receive the reward.
(2.) There is no way to cancel an account. If you no longer wish to remain a part of this website, you should refrain from accessing your account.
Except where prohibited by law, participation in this website constitutes your consent to Loyalty Exclusives, Inc.'s use of your name, likeness, voice, opinions, hometown and state for promotional purposes in any media, worldwide, without further approval, payment or consideration.
A. Optional Offers/Survey Pages
(1.) Completion of the optional offers and survey pages is not required to qualify for the reward.
(2.) We may preselect certain offers for you to view. If you are not interested in signing-up for an offer, click Next or Skip.
(3.) When you answer an optional offer, we will transfer some or all of the information you submitted during the website registration process to the applicable advertiser without providing you with another opportunity to review the information.
(4.) When you select yes or no next to a survey question, we will transfer some or all of the information you submitted during the website registration process to advertisers that we believe may be of interest to you without providing you with another opportunity to review the information.
B. Completion of Reward Offers
(1.) You must provide valid and truthful information when completing an advertisers offer. Accounts in violation of this rule will be placed on hold or disqualified.
(2.) Once you have completed an advertisers offer, you will not receive credit for that offer, or any other offer sponsored by that advertiser again by Loyalty Exclusives, Inc. or any of its affiliated companies, for six months. For purposes hereof, an advertiser generally is the business unit sponsoring the offer, although some advertisers may apply this rule to the entire corporate entity sponsoring the offer. If you have any questions regarding which definition applies, please Contact Us.
(3.) In order to receive credit for completing an offer, you must complete the offer by clicking on the offer from this website. You must click the offer link via our web page in order for us to correctly track and credit your account. Importantly, some applications such as spyware blockers or pop-up blockers may preclude these links from functioning correctly and Loyalty Exclusives, Inc. is not liable for such failures.
(4.) You may apply only once to any given credit card offer. Credit card offers may require you to activate the card by making a purchase, transferring a balance or taking a cash advance.
(5.) You may complete any reward offer only once across all Loyalty Exclusives, Inc. and any of its affiliated companies websites to be credited toward the qualification for the reward.
(6.) In order to receive proper credit for completing an offer, you must make sure that your browser settings are set to accept all cookies, and that you click on our exact offer link to get to the offer providers website.
C. Failure to Receive Credit for a Reward Offer
(1.) Loyalty Exclusives, Inc. does not guarantee that you will receive credit for an offer. We reserve the right to refuse crediting your account for a variety of reasons, including but not limited to improper sign-up, lack of appropriate information or documentation or improper browser settings.
(2.) Loyalty Exclusives, Inc. is not responsible for delays in reporting offer completion. The time it takes to receive credit for an offer varies with each advertiser.
(3.) Loyalty Exclusives, Inc. is unable to manually credit an offer.
(4.) If you believe that you have successfully completed an offer and you have not received credit for that offer, you should confirm that you have: (1) satisfied all of the requirements stipulated by the advertiser; and (2) waited the appropriate amount of time for offer completion to be reported back to this website (this amount of time varies with each advertiser). If you have questions, Contact Us.
D. Bonus Offer
You may be presented with an opportunity to qualify for bonus gifts on the reward offer pages. Completion of the Bonus Offer on any given reward offer page will be deemed a completion of one (1) reward offer on the page upon which it is displayed and will also count as the completion of the Bonus Offer.
In order to qualify for bonus gifts, you must successfully complete one (1) of the Bonus Offers and satisfy all Eligibility requirements specified in Section I above.: All terms and conditions covering the Completion of Reward Offers and the Failure to Receive Credit for a Reward Offer in Section III above shall also apply to Bonus Offers.
E. Terms of Offers
(2.) You complete offers through our website publisher partners at your own risk. Loyalty Exclusives, Inc. is not responsible for content, services or products associated with our website publisher partners. If there is a complaint about services or products received from a publisher, you should contact the offer provider in question.
A. How it Works
(1.) As stated above, in order to qualify for the reward on this website you must refer 0 unique household(s) that also complete the program requirements.
(2.) In order to connect these referrals to your account, we will provide you with a unique link to this website, which you must then distribute to the intended parties. Your referral link will be provided on your custom account page. Any referral that does not click this URL or type it into their web browser accurately cannot be tracked and thus cannot be connected to your account. Note that some applications can remove the tracking part of this URL. You assume the risk of this link breaking when using our website.
(3.) You are responsible for distributing the referral link. Loyalty Exclusives, Inc. will not send out any communications on your behalf to encourage such sign-ups to occur.
(4.) You may complete more than the required number of reward offers and may refer more than the required number of unique households; however, you are limited to earning only one reward per household. Additional referrals or offer completions will not result in additional rewards.
B. Referral Fraud
(1.) Loyalty Exclusives, Inc. reserves the right to screen all referrals for suspicious activity. We reserve the right to determine, in our sole discretion, which referrals are fraudulent or in violation of these Terms & Conditions, and to place on hold or disqualify all accounts associated with an improper referral.
(2.) Participation in a conga line or any other organized system of individuals trying to obtain enough referrals to qualify for the reward is strictly prohibited and will result in disqualification of your account, as well as the account belonging to the person(s) that referred you to the website and the person(s) that you referred.
A. Redemption Process
(1.) You may access your account at any time by clicking Check Gift Status and entering the email address that you used to register on the website.
(2.) Log in to your account when your offer and referral status is Approved, and a confirmation email will be sent to you with instructions for verifying your information. You must follow the instructions in the Approval email to enter the Redemption Center. In the alternative, once your offer and referral status is approved, you can access the Redemption Center by logging in to your account and clicking Click here to redeem your gift.
(3.) After verifying your information in the Redemption Center, click Click here to get your gift to generate a Redemption Certificate. Print out this certificate and mail it to the address provided in the Redemption Center instructions. Certificates sent to any other address may not be processed.
(4.) Your Redemption Certificate must be postmarked within 15 days of your final required offer being Approved or your account will be disqualified.
(5.) Should the value of the reward or the cumulative value of rewards received during the calendar year exceed six hundred dollars (USD $600.00), you must provide us with a completed IRS Form W-9. Your completed W-9 must be received at the mailing address provided in the Redemption Center instructions prior to the shipment of the reward. If you fail to return the form within 30 days of Loyalty Exclusives, Inc.'s request, or if you provide false information on the form, your account will be disqualified. To learn more about IRS Form W-9, go to http://www.irs.gov.
B. Reward Fulfillment and Delivery
(1.) Loyalty Exclusives, Inc. reserves the right to substitute a check for the reward. The amount of the check shall be determined by Loyalty Exclusives, Inc. in its sole discretion. By cashing the check, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this website, Loyalty Exclusives, Inc., its parent, successors, assigns, affiliates, advertisers and employees.
(2.) Loyalty Exclusives, Inc. reserves the right to substitute a gift card for the reward. The amount of the gift card and the merchant shall be determined by Loyalty Exclusives, Inc. in its sole discretion. By accepting the gift card, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this website, Loyalty Exclusives, Inc., its parent, successors, assigns, affiliates, advertisers and employees.
(3.) Loyalty Exclusives, Inc. reserves the right to substitute a product of comparable value for the reward. Comparable value shall be determined by Loyalty Exclusives, Inc. in its sole discretion.
(4.) Rewards that are back ordered will be replaced with another item of comparable value, a check or a gift card, or they will ship when they are made available. Discontinued products will be replaced with another item of comparable value, a check or a gift card.
(5.) All rewards are shipped to the address you submit in the Redemption Center. It is your responsibility to submit the correct address. We will not ship to P.O. boxes. Loyalty Exclusives, Inc. is not responsible for lost orders stemming from incorrect shipping addresses, theft or carrier errors. In the event a situation arises necessitating package forwarding, Loyalty Exclusives, Inc. is in no way responsible for ensuring delivery.
(6.) If, after you have received a reward, we determine that you violated these Terms & Conditions, you agree to return the reward at your expense. Additionally, Loyalty Exclusives, Inc. reserves its right to pursue legal action against you.
C. Return Policy
(1.) Loyalty Exclusives, Inc. will not accept returned rewards. By returning a reward, you are relinquishing your claim to the reward.
(2.) If a product is found to be defective, you should consult the warranty information included with the reward, if applicable. Loyalty Exclusives, Inc. is not responsible for the repair or replacement of damaged or defective products. Please contact the relevant vendor for questions about damaged or defective products. In cases where you do not know what vendor shipped the product to you, Contact Us to obtain the appropriate vendors contact information.
A. Your account and associated accounts may be placed on hold and/or disqualified for:
(1.) having multiple accounts within Loyalty Exclusives, Inc. websites, and any of its affiliated companies websites;
(2.) providing false information to Loyalty Exclusives, Inc. or an advertiser on the website;
(3.) corresponding with other individuals or posting information on a website, forum or auction that has to do with manipulating the website or canceling the offers, including, but not limited to, cancellation phone numbers, cancellation time frames and any encouragement or direction to cancel the offers after signing-up with the applicable advertiser(s);
(4.) utilizing prepaid cards with the intent or for the purpose of manipulating the website and/or "cancelling the offers";
(5.) improper or fraudulent referrals;
(6.) bidding on trademarked keywords associated with our advertising partners or their affiliates in Internet search engines to gain referrals through sponsored search results (e.g., bidding on the keyword Netflix in Google and appending your referral link to this bid upon keyword);
(7.) posting your referral link in places where it is not welcome or spamming your referral link online in any capacity;
(8.) purchasing referrals or paying individuals to complete offers;
(9.) participating in a conga line or any other organized system of individuals trying to obtain enough referrals to qualify for the reward;
(10.) using another persons credit card to complete offers;
(11.) violating these Terms & Conditions; or
(12.) any other reason or a combination of reasons at the sole discretion of Loyalty Exclusives, Inc..
B. Additional Terms for Hold Status and Disqualification
(1.) Loyalty Exclusives, Inc. reserves the right to place your account on hold or disqualify your account at any time, even after a reward has shipped.
(2.) Loyalty Exclusives, Inc. is not responsible for notifying you about a change in your account status.
(3.) If your account is placed on hold or disqualified, all other accounts created by or associated with you across all websites owned and operated by Loyalty Exclusives, Inc. and/or its affiliated companies may be placed on hold or disqualified, at the sole discretion of Loyalty Exclusives, Inc..
(4.) If your account is placed on hold or disqualified, you may not create another account on any website owned or operated by Loyalty Exclusives, Inc. or any of its affiliated companies.
(5.) If your account is disqualified, that disqualification is permanent and you are permanently prohibited from participating in any website owned or operated by Loyalty Exclusives, Inc. or any of its affiliated companies.
(6.) You will not be reimbursed for any expenses incurred through this website prior to your account being placed on hold or disqualified.
(7.) If you feel your account has been placed on hold or disqualified in error, Contact Us.
VII. CUSTOMER SERVICE
Due to the volume of customer service inquiries, Loyalty Exclusives, Inc. does not offer telephone support. All questions, comments and concerns should be submitted through the Contact Us link on the website.
A. Intellectual Property. This website, and all information and/or content that can be seen, heard or otherwise experienced on the website, including, without limitation, all reports, text, video, graphics, audio, and other materials (collectively, the Content) are protected by U.S. and international copyright, trademark and other laws, and belong to Loyalty Exclusives, Inc. or to third parties.
You may use the website and the Content solely for your personal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Loyalty Exclusives, Inc. reserves complete title and full intellectual property rights in any Content you download from this website. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer or create derivative works from any Content or information obtained from the website, except as expressly permitted by these Terms & Conditions. You may not mirror or frame the home page or any other pages of the website on any other website or web page and may not connect links, including deep links to the website. You may not use a robot, scraper or other automated means of accessing the website. You are prohibited from using any of the marks or logos appearing throughout the website without express written consent from the trademark owner, except as permitted by applicable law.
B. Intellectual Property Infringement Claims. It is the policy of Loyalty Exclusives, Inc. to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Registered Copyright Agent
Loyalty Exclusives, Inc.
18766 John J Williams Hwy, Unit 4, PMB 302 Rehoboth Beach, DE 19971
Contact Us: Click Here
C. DISCLAIMER OF WARRANTIES.
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. LOYALTY EXCLUSIVES, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE CONTENT. LOYALTY EXCLUSIVES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICES PROVIDED BY LOYALTY EXCLUSIVES, INC. AND THE CONTENT. LOYALTY EXCLUSIVES, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. LOYALTY EXCLUSIVES, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS, ON AN AS IS AND AS AVAILABLE BASIS.
D. LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LOYALTY EXCLUSIVES, INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LOYALTY EXCLUSIVES, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT; (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF LOYALTY EXCLUSIVES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E. Indemnification. You understand and agree that you are personally responsible for your behavior on the website. You agree to indemnify, defend and hold harmless Loyalty Exclusives, Inc., its parent, subsidiaries, affiliates, licensors, officers, directors, employees, and agents from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, indirect, incidental, consequential, and/or exemplary damages), and attorneys fees, resulting from or arising out of your use, misuse or inability to use the website or the Content, or any violation by you of these Terms & Conditions.
F. User Conduct. You agree to use the website only for lawful purposes. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to Loyalty Exclusives, Inc., the website, its users, or the Content. You agree not to add to, subtract from or otherwise modify the Content. You agree not to use the website in any manner that might interfere with the rights of Loyalty Exclusives, Inc. or any third party.
G. Enforcement/Choice of Law/Jurisdiction and Venue. Every provision of these Terms & Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms & Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms & Conditions and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms & Conditions, the website, your use thereof, or the Content (collectively, Disputes) are governed by, and will be interpreted in accordance with, the laws of the State of Pennsylvania, without regard to conflict of law provisions. Any Dispute will be adjudicated in a state or federal court situated in Harrisburg, Pennsylvania, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
H. Binding Arbitration/Class Action Waiver. You and Loyalty Exclusives, Inc. each agree that any and all disputes or claims that have arisen or may arise between you and Loyalty Exclusives, Inc. shall be resolved on an individual basis and resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(1.) Notice of Dispute. In the event of a dispute, you or Loyalty Exclusives, Inc. must give the other a Notice of Dispute, which shall be a written statement that sets forth the name, address and contact information of the party giving such Notice, the facts relied upon for raising the dispute, and the relief requested. If you are sending a Notice of Dispute to Loyalty Exclusives, Inc., you must send such Notice to Attn: Legal Department, 18766 John J Williams Hwy, Unit 4, PMB 302 Rehoboth Beach, DE 19971. Any Notice sent by Loyalty Exclusives, Inc. will be sent to you by U.S. mail to your address or email address, depending on the contact information we have for you. You and Loyalty Exclusives, Inc. will attempt to resolve any dispute through information negotiation within 60 days from the date the Notice of Dispute was sent. After 60 days, you or Loyalty Exclusives, Inc. may commence arbitration in the manner described below.
(2.) You may also litigate in small claims court in your county of residence or Dauphin County, Pennsylvania, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
(3.) Class Action Waiver. YOU AND LOYALTY EXCLUSIVES, INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NEITHER YOU NOR LOYALTY EXCLUSIVES, INC. WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(4.) Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (opt-out) by mailing us a written opt-out notice (Opt-Out Notice). For new Loyalty Exclusives, Inc. users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. If you are already a current Loyalty Exclusives, Inc. user and previously accepted the terms & Conditions prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than 30 days after the effective date of these Terms & Conditions, which is the date indicated at the end of these Terms & Conditions. You must mail the Opt-Out Notice to Attn: Legal Department, 18766 John J Williams Hwy, Unit 4, PMB 302 Rehoboth Beach, DE 19971.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and the user ID(s) and email address(es) associated with the Loyalty Exclusives, Inc. account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms & Conditions, including all other provisions of Article VIII will continue to apply and the most recent Sections VIII(G) and VIII(H) before the change you rejected will apply. Consequently, any dispute will be adjudicated in a state or federal court, as applicable, situated in Harrisburg, Pennsylvania and you hereby irrevocably submit to personal jurisdiction of such courts for that purpose. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(5.) Binding Arbitration and Arbitration Procedures. If you and Loyalty Exclusives, Inc. do not resolve any dispute by informal negotiation or in small claims court, any effort to resolve the dispute will be conducted exclusively by binding arbitration. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAAs Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAAs rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAAs website at http://www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or Loyalty Exclusives, Inc.., unless the arbitrator requires otherwise. The arbitrators award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(6.) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAAs rules, unless otherwise stated in this Agreement to Arbitrate.
(7.) Severability. With the exception of any of the terms in subsection VIII(H)(3.) of this Agreement to Arbitrate (Section (H)), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate (Section VIII(H)) shall still apply. If a court decides that any of the provisions in subsection VIII(H)(3.) of this Agreement to Arbitrate (Section VIII(H)) are invalid or unenforceable, then the entirety of this Agreement to Arbitrate (Section VIII(H)) shall be null and void. In that event, the remainder of the Terms & Conditions, including all other provisions of Article VIII will continue to apply and, any dispute will be adjudicated in a state or federal court, as applicable, situated in Harrisburg, Pennsylvania. You hereby irrevocably submit to personal jurisdiction of such courts for that purpose.
J. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Loyalty Exclusives, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Loyalty Exclusives, Inc. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
K. Language. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
L. Questions or Additional Information. If you have questions about Loyalty Exclusives, Inc., the website or these Terms & Conditions, please Contact Us.
Active Date: June 05, 2015
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