StayPoints Reward Program Terms and Conditions

The following information forms the basis of participation in the StayPoints Reward Program (“StayPoints” or "Program"). These Terms and Conditions ("Terms and Conditions") are intended to protect the members of the Program ("Members") and StayPoints, LLC ("StayPoints, LLC" or "Our"). Your participation in the Program will be governed by these Terms and Conditions

  1. Membership is limited to individuals who are over 21 years of age or older, and who have been accepted as members by StayPoints, LLC. Corporations, associations or groups are not permitted to enroll in the Program. Program membership and its benefits are offered at the sole discretion of StayPoints, LLC, except that membership shall not be refused on the basis of race, creed, religion, gender or national origin. Program membership is void where prohibited by any city, state or country law which would include any business code, commerce law or regulation. No Membership is allowed for Prohibited Persons: StayPoints, LLC is a United States company and is prohibited from providing services or membership to certain “prohibited persons” who are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury.  In all circumstances, members are responsible to be personally informed of their own laws, codes and regulations of their country of origin in regard to their ability to join or participate in reward or loyalty programs in their country of origin or abroad.
  2. The Program Terms and Conditions are governed by and are to be construed under the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. By participating in the Program, you consent that venue for all suits will be in the Northern District of Alabama or, if there is no federal jurisdiction, venue will be in Jefferson County, Alabama Claims may not be resolved through any form of class action. The Program Terms and Conditions set forth herein supersede all prior Program Terms and Conditions. By enrolling in the Program, you signify your agreement to these Terms and Conditions, StayPoints, LLC’s privacy policy found at www. StayPointsrewards.com/privacy and the website Terms of Use found at www.Staypointsrewards.com/siteterms and incorporated herein by reference. If you do not agree to any of these terms or the privacy policy or the Terms of Use, you should not enroll or participate in the Program. All interpretations of Program Terms and Conditions and the privacy policy shall be at the sole discretion of StayPoints, LLC.
  3. No purchase or enrollment fee is necessary to become a Member of the Program. To apply for membership in the Program without having resided at a participating StayPoints Property, visit www.Staypointsrewards.com and click the link titled  “JOIN” In order to enroll in the Program, you will have to create an account. When creating your account, you must provide accurate and complete information and you will have to provide a valid email address. Failure to provide accurate information constitutes a breach of the Terms and Conditions. You are solely responsible for the activity that occurs on your account, with or without your permission, and you must keep your account password secure.
  4. You may cancel your enrollment in the Program at any time by contacting the Program Administrator in writing to   info@mystaypoints.com . Cancellation of membership may result in the loss of all accumulated Points and the cancellation of Program benefits and privileges. The Program has no predetermined termination date and may continue until such time as StayPoints, LLC decides to terminate the Program, at any time, with or without notice. Members will have six months from the date Program termination is announced to accumulate and redeem a desired Reward. This means that, regardless of the amount you participate in the Program, your right to accumulate Points and claim Rewards can be terminated by StayPoints’ LLC six months after StayPoints, LLC announces Program termination.
  5. StayPoints, LLC reserves the right to add, modify, delete or otherwise change any of the rules, terms, procedures, conditions, benefits, or Rewards pertaining to the Program at its sole discretion, with or without notice, even though changes may affect the value of Points already accumulated. This means that StayPoints, LLC may make changes that affect, but are not limited to, rules for earning Points, Reward redemption levels, rules and procedures for the use of Rewards, continued availability of Rewards, Reward types, and the features of special offers. Each Member is responsible for remaining knowledgeable as to the Program Terms and Conditions and as to the number of Points in his or her account.
  6. By participating in the Program, you (Member) represent and warrant to StayPoints, LLC that your employer has authorized you to participate in the Program , and that your participation in the Program does not violate any contractual or other obligation listed in a Member’s employees manual or guidelines and/or  between  Member  and  Member’s employer.  Also, member agrees not to solicit, receive nor expect to receive reward points in any city, state or country jurisdictions where the receipt of reward or loyalty points is illegal or against any corporate or government ethics code or regulation.  Property Operators will be responsible for understanding, interpreting and adhering to any and all city, state or country law, regulation, code etc., pertaining to the reward points offered through their customer reward and/or loyalty programs and both Member and Property Operators will hold harmless StayPoints, LLC and its marketing partners any reward points being given to any member in a city, state or country that prohibits such rewarding, rebating, etc.
  7. Program membership entitles Members to the right to earn Points, which can be redeemed for Rewards in accordance with the Terms and Conditions of the Program. Member benefits and Rewards are offered in good faith by StayPoints, LLC through its Reward catalog, however, benefits and Rewards may not be available if prohibited by law. All Rewards are subject to availability.
  8. Members must not maintain membership in or earn Points on multiple accounts. You agree not to sell or transfer your use of or access to the Program or permit anyone else whose account was suspended or terminated to use the Program through your email address or password.
  9. StayPoints, LLC reserves the right to discontinue Program membership for any Member who appears to be using the Program in a manner inconsistent with the Terms and Conditions or intent of the Program or any portion of the Program. StayPoints, LLC also reserves the right to discontinue membership for any Member who acts in a manner inconsistent with local or federal laws, statutes or ordinances or if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the account as determined in StayPoints, LLC’s sole discretion. Such discontinued membership may result in the loss of all accumulated Points and the cancellation of Program benefits and privileges. In addition to discontinuance of Program membership, StayPoints, LLC shall have the right to take appropriate administrative and/or legal action, including, without limitation, criminal prosecution, as it deems necessary in its sole discretion.
  10. The sale or barter of any Program Points or other benefits other than by StayPoints, LLC is prohibited. Any Points or benefits which StayPoints, LLC deems in its sole discretion to have been transferred, sold or assigned in violation of Program Terms and Conditions may be confiscated or canceled.
  11. The Program, these Terms and Conditions, the www.StayPointsrewards.com website and all related content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos associated therewith or contained therein ("Marks"), are owned by or licensed to StayPoints, LLC, subject to copyright, trademark and other intellectual property rights under the law. Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. StayPoints, LLC reserves all rights not expressly granted in accordance with these Terms and Conditions.
  12. The term “StayPoints Properties” as used in these Terms and Conditions shall mean any physical address of a lodging unit where a Property Operator has decided to market and provide lodging and reward points for a member’s stay. StayPoints Properties are not owned or operated by StayPoints, LLC and StayPoints, LLC. has no managerial responsibility or liability for these properties.   The owners, managers, officers, directors, partners, employees, agents and/or operators of StayPoints Properties shall be referred to herein as “Property Operators.”
  13. Members who have not resided at a StayPoints Property in any consecutive 24 month period may be subject to forfeiture of all accumulated Points and/or deactivation of the Member’s account. Points expire three years after the year of their issuance. For example, a Point issued at any time during 2012 will expire at 11:59:59 p.m. on December 31, 2015.
  14. Upon any forfeiture of a Member’s accumulated Points, the Member may begin to earn Points again thereafter in StayPoints, LLC’s sole discretion. Forfeited Points may be retrieved by a Member in StayPoints, LLC’s sole discretion. Any Reward redeemed by the Member before the Points are forfeited is still valid.
  15. StayPoints, LLC may attempt, but is not required, to communicate with Members through mail, email, texts, telephone calls and other correspondence to advise them of matters of interest, including notification of Point forfeiture or Program changes, or such promotional matters deemed appropriate by StayPoints, LLC, and each Member expressly agrees to receive all such communications. Members may opt out of such communications as allowed by StayPoints, LLC. Neither StayPoints, LLC, nor third party companies participating  known as Marketing Partners in the Program ("Marketing Partners"), nor Property Operators will be liable for any failure to communicate any matter of interest or promotion and will not be responsible for incorrect or inaccurate transcription of Member contact information, for problems related to any of the equipment or programming associated with or utilized by the Member, for any human error, for Reward unavailability, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Web site or on-line service, Web site inaccuracy, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or e-mail for whatever reason.
  16. Each Member is responsible for creating private account access information and for maintaining the security of that information. If the security of that information is breached by the Member or a third party, StayPoints, LLC. shall not be liable for any access to that account not authorized by the Member, accumulation of Points, redemption of Rewards, or other account activity that occurs as a result, and in no event shall StayPoints, LLC be responsible for reimbursing the Member for any Points redeemed or other damages or losses claimed to occur as a result of that unauthorized access. If a Member becomes aware of any fraudulent activity, including unauthorized redemption of a Member's Points or Rewards, the Member must report the fraudulent activity to StayPoints, LLC in writing, within 90 days of it occurring, and provide all further requested information and cooperation to StayPoints, LLC to be eligible for reinstatement of lost Points or Rewards, which reinstatement may be awarded in StayPoints, LLC’s sole discretion.
  17. Each Member is responsible for advising StayPoints, LLC of any changes to his or her contact information, including his or her email address.
  18. Accrued Points do not constitute property of the Members. Except as specifically provided herein, accrued Points are not transferable, assignable, saleable, replaceable or redeemable for cash.
  19. StayPoints, LLC is not responsible, and assumes no liability, for changes or discontinuances of the Marketing Partner's service or product(s) which may affect Program Rewards offered or the accrual of Points.
  20. Nothing in the Program Terms and Conditions is intended or shall be construed to create or establish any agency, partnership or joint venture relationship between StayPoints, LLC, and the Marketing Partners.
  21. Earning of Program Points and redemption of Program Rewards are subject to all applicable laws and regulations. Program benefits and Rewards may be subject to income or other taxes. Determination and payment of such taxes are the sole responsibility of the Member or Reward recipient.
  22. No Membership allowed for Prohibited Persons: StayPoints, LLC is a United States company and is prohibited from providing services or membership to certain “prohibited persons” who are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury.

 

Accrual of Reward Points

  1. Program Points (“Points”) can be earned for stays only at StayPoints Properties.  StayPoints Properties are subject to change at any time, without notice. . If a property/unit address ceases to be represented by a StayPoints Operator, all stays subsequent to such date will not be eligible to earn Program Points regardless of when the reservation was made. To earn Program Points for stays at StayPoints Properties, a Member must be a registered occupant/guest/tenant, as applicable, at a StayPoints Property and meet all of the conditions described herein.  StayPoints Operators solely and independently decide which of their units receive reward points and the amount of points to be received.
  2. Any Points earned in conjunction with specific stays at StayPoints Properties will be considered redeemable when they have been,  submitted by the rewarding Property Operator to StayPoints, LLC, and added to the Member's account. Furthermore, Points will not be available for redemption prior to being paid for by the rewarding Property Operator and the Points have been added to the Member's account.
  3. If a Member believes they did not receive the correct Point credit(s) for stays,  the Member should contact StayPoints, LLC via the contact information offered at the end of this document.   Failure to supply adequate and unaltered documentation may result in denial of such point credit.

Reward Redemption

  1. To qualify for a Reward (a "Reward"), the Member must have sufficient Points in their account to redeem the Reward from the current Program Reward catalog.
  2. It is solely the responsibility of the Member to be informed about the Program and to request the specific Rewards online. Rewards must be requested online via www.staypointsrewards.com..  Members can typically expect a delivery time of between 1 and 3 weeks on most shipped rewards. Though ship times are typically on schedule, neither StayPoints, LLC Marketing Partners nor Property Operators  can guarantee that any Reward will be delivered on a specific scheduled time.  Members expressly acknowledge that delivery of certain Rewards may take longer than initially indicated at time of order . Members can check reward ship dates thought their Member account at www.staypointsrewards.com .   Rewards will be sent to the address on file at the time of Reward redemption or as otherwise directed at time of redemption. Rewards that are received electronically will be sent to the email address the Member has listed in their Member Account.  Electronically delivered rewards are typically received significantly sooner than rewards requiring physical shipment.
  3. When a Reward is requested, the corresponding number of Points for that Reward level will be deducted from the Member's account.
  4. The Reward may be issued to the Member, or to any other person, as directed by the Member. Once issued, the Reward is not transferable and may be used only by the individual named on the Reward. If a person other than the individual named on the Reward documentation attempts to redeem the Reward, the Reward will be deemed void and accommodations and/or transportation will be denied.
  5. Rewards may not be sold, auctioned, bartered, brokered purchased or otherwise transferred except with the express written consent of StayPoints, LLC. Any Reward obtained in that manner without the required consent will be considered to have been fraudulently obtained and deemed void. Altered Reward Certificates are void. Voided Certificates will not be honored.
  6. Reward Certificates will not be replaced, reissued or credited if lost, stolen or otherwise destroyed. StayPoints, LLC, not responsible for performance of the U.S. Postal Service, other delivery suppliers, or any other supplier.
  7. All Rewards are subject to certain restrictions.
  8. Marketing Partner Reward usage is subject to capacity controls, which limit the availability of products offered by certain companies or other Marketing Partners.
  9. Rewards may not be combined with other certificates, discounts, packages or promotional offers unless otherwise specified in writing by StayPoints, LLC.
  10. Rewards cannot be redeemed for cash, prizes or credit. Rewards are not exchangeable.
  11. Points which have been deducted from the Member's account for a Reward will not be re-deposited.
  12. Reward Certificates are void where copied, prohibited or restricted by law.
  13. All Rewards must be redeemed in strict accordance with the procedures specified on the Reward Certificate.
  14. StayPoints, LLC reserves the right to reject any order or request to redeem Points in the event of an error. StayPoints, LLC reserves the right without notice to replace any out of stock item or Reward with an item of equal or greater value or to instead redeposit the Points associated with the order. Determination of Reward equivalency is at the sole discretion of StayPoints, LLC.
  15. Any tax liability incurred in connection with the receipt and/or use of Program Rewards, including, but not limited to, local or city occupancy taxes, international departure tax, customs fees, airport surcharges or individual income tax is the sole responsibility of the Member .  Any incidental charges associated with the receipt or usage of rewards are the responsibility of the member
  16. .
  17. StayPoints, LLC, is not responsible, and assumes no liability for transportation or other services that Marketing Partners provide or fail to provide.

Conditions of Participation

Your participation in the Program is expressly conditioned on your agreement and adherence to the following provisions:

  1. STAYPOINTS, LLC PROVIDES THE PROGRAM, THESE AND OTHER MATERIALS, THE CONTENT, AND ALL OTHER SERVICES, REWARDS, AND PRODUCTS "AS-IS" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. You also agree that StayPoints, LLC, does not represent, warrant or guaranty that the Program, Content, or any such other products, Rewards, and services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented. IN NO EVENT SHALL STAYPOINTS, LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO (I) YOUR PARTICIPATION IN THE PROGRAM, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM OR USE OF ANY REWARDS, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (VII) THE STAYPOINTS, LLC WEBSITE OR ANY USE THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INDEMNITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STAYPOINTS, LLC,  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. In the event StayPoints, LLC, is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to a payment equal to the lesser of (i) the value of accrued Points in your membership account, or (ii) five hundred dollars ($500.00). You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based, otherwise such claim or action is permanently barred. If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by StayPoints, LLC, to exercise rights granted to StayPoints, LLC hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency.
  2. You agree to defend, indemnify and hold harmless StayPoints, LLC from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your enrollment, use and participation in the Program; (ii) your use of any Reward, (iii) your stay at any StayPoints Property or non-participating property, (iv) your breach or violation of any term of these Terms and Conditions; or (v) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and your participation in the Program.
  3. These Reward Program Terms and Conditions, together with the privacy policy at www.Staypointsrewards.com/privacy and the website terms of use at www.mystaypoints.com/siteterms shall constitute the entire agreement between you and StayPoints, LLC concerning the Program. In the event of a conflict between any provision of these Terms and Conditions and any provision of the website Terms of Use, the conflicting provision that is more favorable to StayPoints LLC (as determined by StayPoints its sole discretion) shall prevail over the provision which is less favorable to StayPoints.
  4. For purposes of these Conditions of Participation, all references to StayPoints, LLC  or Program shall include (i) StayPoints, LLC’s subsidiaries, affiliates, officers, directors, partners, employees, agents, (ii) Marketing Partners, and their officers, directors, partners, employees, agents (iii) Property Operators and their officers, directors, partners, employees, agents.

 

ADDITIONAL CONDITIONS OF USE

IMPORTANT - PLEASE READ THESE ADDITIONAL TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR YOUR REWARDS PROGRAM.  THEY WILL COVER ALL OF YOUR USES OF AND PARTICIPATION IN THE SERVICES DEFINED BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.  YOUR CLICKING ON THE BUTTON MARKED "I AGREE" AND YOUR CONTINUED USE OF AND PARTICIPATION IN THE SERVICES INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. 

These terms and conditions govern your use of a web-enabled customer incentive and loyalty program called StayPoints Guest Reward Program ("Services") provided by StayPoints, LLC  and its affiliates (collectively, "we" "our" or "us").  You acknowledge that you have read and unconditionally agree to these terms and conditions, as may be amended by us from time to time upon notice (via email, web site posting or otherwise) to you.  You warrant and represent that you are authorized to participate in and use our Services and that you are at least 18 years of age.  You also warrant that all information you provide under this Agreement is true and complete and that you will promptly update such information to maintain its accuracy.

PRIVACY

Please review the Privacy Policy, which also governs your visit to this site and use of our Services, to understand our practices with respect to participant information collection, use and disclosure practices.  You may view the privacy policy by clicking the "Privacy" link at the bottom of this web site. 

ELECTRONIC COMMUNICATIONS

When you visit this site or use our Services, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT/TRADEMARKS/OTHER PROPRIETARY RIGHTS

All content (and the compilation thereof) included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is and will remain our property or that of our content suppliers and is protected by United States and international copyright laws. Except as otherwise provided herein, all graphics, logos, page headers, button icons, scripts, and service names on the site are and will remain our trademarks or service marks.  All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  You will not have, acquire or assert any rights in our Services, web site, components or proprietary rights and will not, without our prior written consent, copy, reproduce or distribute in any manner any of the content, data or information available through our web site or Services.  You will not remove or modify any copyright, trademarks, service marks, confidentiality or other proprietary notice or marking appearing on any materials relating to the Services or web site.
 
YOUR ACCOUNT

If you use this site or Services, then you are responsible for maintaining the confidentiality or security of your account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password. You also agree to immediately notify us of any unauthorized use thereof.  Property Operators are solely responsible for determining how your points are awarded for each stay but not redeemed under the Services or when your points expire.  We, or the product retailer, are also responsible for providing direct support to you for all program related questions.  We are responsible only for direct support relative to technical issues reported through the email contact tool and return processing as outlined below.  Product retailers and/or manufacturers may also provide additional terms and conditions associated with your product selection that may or may not be displayed through this site.  We reserve the right at all times for any reason to modify or refuse your use of Services and/or content, including, but not limited to, the ability to terminate your account or program, remove, change or edit content or products offered, and/or cancel your orders  at our sole discretion.   

RISK OF LOSS

The risk of loss and title for all items purchased or acquired through the Services will pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

We attempt to provide all Services to be as accurate as possible in describing the products offered through this site. However, We can not and do not warrant that product descriptions or other content of this site or the Services are accurate, complete, reliable, current, or error-free. You acknowledge that interruptions and loss of Services may occur as a result of maintenance or repairs to our Services or web site, unexpected outages or interruptions or an act or omission by you or any third party.  We will not incur any liability as a result of any such interruption or loss.  If a product offered through the Services is not as described, then your sole remedy is to request a Return Merchandise Authorization (RMA) by way of the contact form within the system and to return the product in unused condition and we, at our discretion, will credit any points back to your account subject to our product retail supplier’s standard return policies.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE EXTENT PERMISSIBLE BY LAW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US OR OTHER THIRD PARTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND MAY BE SUBJECT TO CHANGE OR REMOVAL AT ANY TIME. 

WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE WILL BE UNINTERRUPTED, TIMELY OR FREE FROM ERRORS, INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR SUPPLIERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

INDEMNIFICATION

You will indemnify, defend (at our election) and hereby release us, our directors, our officers, our employees, our suppliers and our agents from all losses, damages, penalties, costs and expenses (including, but not limited to, legal fees) caused by, arising from or relating to information or content provided by you or your use of or participation in our Services or web site or your breach of these terms and conditions.

MISCELLANEOUS

These additional conditions of use are governed by Georgia law, without regard to principles of conflict of laws.  You may not assign these terms and conditions without our prior written consent.  These terms and conditions, your registration and any other user policies, including our privacy policy, are the entire agreement between the parties and supersede all prior agreements and understandings between the parties related to these Services and web site.  We may modify any of the terms and conditions contained herein, at any time and in our sole discretion, by posting a change notice or new terms and conditions on this website.  All provisions of these terms and conditions are severable and any provision of these terms and conditions found by a court of competent jurisdiction or arbitration panel to be invalid or unenforceable will not affect the validity or enforceability of any other provision of these terms and conditions.  To the extent legally permissible, the parties will replace any illegal, invalid or unenforceable provision of these terms and conditions will a valid provision that will implement the intended purpose of the illegal, invalid or unenforceable provision.  Any notices under these terms and conditions will be in writing and delivered to the following address:
      
StayPoints Rewards

P.O. Box 36641

Birmingham , Al


DISPUTES

Any dispute that is not resolved between you and us in an effective and timely manner and relating in any way to your visit to this site or use of our Services will be submitted to confidential arbitration in Atlanta, Georgia; except that, to the extent you have in any manner violated or threatened to violate our or our supplier’s intellectual property rights.  In such case, we may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this terms and conditions will be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these terms and conditions will be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.

RETURNS POLICY

All redemptions are final and cannot be cancelled unless it is determined that wehave made an error on the order or the item is received damaged. Return policy details and additional terms and conditions related to item redemptions must be agreed to during the checkout process.

 

If you require clarification or further information, you may contact the Program Administrator at:

By Mail: StayPoints Administrator?P.O. Box 36641?Birmingham, Alabama 35236

By Telephone:? 1-888-99-STAYPOINTS (1-888-997-8297)?

8:30 AM to 5:30 PM EST

Monday – Friday, excluding typical U.S. Holidays

By Web:?www. StayPointsrewards.com

By Email:?info@mystaypoints.com

Please note however, the Program Terms and Conditions cannot be superseded or changed except in writing from StayPoints, LLC.

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