TERMS OF SERVICE - REDEEMITNOW, INC.


 
 

Revised 09.1.2009

1. ACKNOWLEDGMENT & ACCEPTANCE

PLEASE READ THE FOLLOWING TERMS OF SERVICE (“TOS” or “AGREEMENT”) CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "I AGREE" YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. YOU ALSO HEREBY ACKNOWLEDGE AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.

These TOS are effective upon acceptance of the registration for new registering Members, and is otherwise effective on September 1, 2009, for all Members.

2. GENERAL

RedeemItNow, Inc., a California corporation (hereinafter “RedeemItNow”) based in Calabasas, California, provides and maintains an Internet Web site, RedeemItNow.com (the "Site"), with related tools and processes, that provides enrolled Members the opportunity to redeem incentives earned from third parties that register to participate in the RedeemItNow Program (the "Program"). Such third parties, including affiliates of RedeemItNow and unrelated parties, provide awards, itcoin, or other rewards (“Awards”) to their customers and/or clients for a variety of reasons, including participation in activities, use of services, or as loyalty incentives. Only customers or clients of such registered third parties are eligible to enroll as Members of RedeemItNow. Members can redeem those Awards that are awards for products or vouchers for discounts on products only by the purchase of products (“Vouchers”) and/or redeem Awards that are transferrable into RedeemItNow itcoin (“itcoin”) for Amazon gift certificates, cash, or as payment towards merchandise as further described below. Vouchers and itcoin have no cash value and may be used only for redemption opportunities at RedeemItNow.com.

By enrolling in and/or using the RedeemItNow Program, you (hereinafter "Member" or "you") agree that you have read and understand this Agreement and that your use of the Program shall conform to these terms and conditions. The Program and use of the Site are provided to you under the terms and conditions set forth in the TOS, as revised from time to time, and any rules or policies otherwise set forth on the Site or published from time to time by RedeemItNow, all of which comprise the entire agreement between you and RedeemItNow. The use of the Site and the Program is void where prohibited.

The redemption of rewards may be subject to income, use or other taxes. Such taxes and all disclosures related thereto are the sole responsibility of the Member.

3. THE REDEEMITNOW PROGRAM

The RedeemItNow Program enables participating third parties that provide customers or clients with Awards to offer those customers and clients an opportunity to redeem such Awards for merchandise, discounts, and cash. The Program provides the following:

• Businesses that have programs that provide customers or clients with Awards can register to participate in the RedeemItNow Program. Such participating parties may award their members directly with RedeemItNow Vouchers and/or itcoin or may use their own Award format and enter into an agreement with RedeemItNow to permit its Award holders who become RedeemItNow Members to convert such Awards into RedeemItNow Vouchers and/or itcoin at an agreed upon conversion rate. Such third parties are solely responsible for their own Award programs, including the determination of the requirements for an Award, the amount of an Award, and compliance with conditions for an Award and RedeemItNow is not responsible for such matters.
• RedeemItNow Members who hold RedeemItNow Vouchers may use Vouchers in the RedeemItNow Voucher Store directly for products or discounts on products that are offered at the Voucher Store at the time of redemption. The product or discount for any Voucher is determined by the third party offering the Award based on its own program and its agreement with RedeemItNow.
• RedeemItNow Members who hold RedeemItNow itcoin may use itcoin in the RedeemItNow itcoin Store for payment towards merchandise or services, cash, and/or gift certificates as may be offered by the Program from time to time. The number of itcoin granted as an Award is determined by the third party offering the Award based on its own program and its agreement with RedeemItNow.

You expressly agree that RedeemItNow has no control over your Award earning activity with participating third parties. You acknowledge that such third parties determine the itcoin and/or Voucher and/or other Award for each activity, determine if you have met the terms of any specific Award earning activity, and all other terms and conditions of your earning of Awards. Such third parties also determine any conversion value from their Awards into RedeemItNow itcoin and/or Vouchers.

itcoin may be redeemed and Vouchers used only for rewards as offered through RedeemItNow at the time of redemption. All redemptions are subject to the terms and conditions set forth in the TOS and any rules or policies otherwise set forth on this Site or published from time to time by RedeemItNow. All transactions will be in United States Dollars.

We will require you to provide an accurate home address to redeem itcoin or use Vouchers. That information will be used for security purposes and will not be used for any solicitation and will not be sold or disclosed to third parties. Both the type of available rewards and the number of itcoin required to redeem a reward are subject to change at any time without notice. RedeemItNow is not responsible for lost or stolen rewards once issued. itcoin will be subtracted from Member's account once the redemption order is placed and captured by the RedeemItNow system. Once used to claim a reward, itcoin will not be reinstated to Member's account, except RedeemItNow reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled. By each redemption of itcoin for rewards or use of a Voucher, you are confirming that all information in Member's personal profile is up-to-date and accurate.

When RedeemItNow is advised by the participating third parties that itcoin are earned, the itcoin are deposited in a Member’s virtual Personal Account and amounts are displayed on Member's Personal Account Web page on the RedeemItNow website. You will only be eligible to redeem itcoin after you have accumulated at least ten thousand itcoin. RedeemItNow itcoin have zero ($0.0) monetary value. itcoin may be used towards payment for merchandise offered at the RedeemItNow itcoin Store at rates set forth at the time of redemption, but only in 10,000 Point increments.

Also, currently, 10,000 RedeemItNow itcoin may be redeemed at the RedeemItNow itcoin Store for a $10.00 Amazon.com gift certificate or $8.20 of PayPal cash. All such redemptions must be in 10,000 itcoin increments. Amazon.com gift codes are available only to residents of countries where use of Amazon gift codes is both possible and legally permitted. You may claim the Amazon.com gift certificate by clicking on a "Payout" button that will appear on your Personal Account web page and an email will be sent to your registered email account with the Amazon.com gift certificate code. RedeemItNow will have no liability regarding the gift certificate code.

PayPal cash is only available to Members who reside in countries supported by PayPal. To redeem PayPal cash, a Member must have an active PayPal account. PayPal is solely responsible for the delivery of cash to any User and neither We are not liable for any errors or omissions by PayPal or Member. All use of the PayPal system is subject to the Terms of Service and Privacy Policy of PayPal, which can be accessed from the Site for from PayPal directly. If a Member declines PayPal’s delivery of funds, Member’s itcoin used for conversion will not be reinstated in Member’s account.

Once a Member has selected a redemption reward from a third party such as Amazon or PayPal, RedeemItNow shall have no further obligation or responsibility for the fulfillment of the redemption by that third party provider. Any claims or disputes must be addressed directly to the third party provider.

Vouchers that are issued to a Member have specific discount values. Vouchers may be used for discounts on merchandise as specifically offered on the Site at the time of use. Any balance due for the merchandise must be paid by valid credit or debit card at the time the Voucher is used.

RedeemItNow does not provide any warranties for any merchandise redeemed as a reward, all such warranties are provided by the manufacturer only. For merchandise that is defective or damaged or which requires service, guaranteed by warranty or otherwise, you must contact the manufacturer directly.

RedeemItNow offers a return period of 30 days from the date of receipt for products you wish to return. All returned products must be complete in the original packaging, undamaged and in resalable condition. Return Merchandise Authorization (RMA) numbers are required for all returns. To obtain an RMA number, send an email to returns@redeemitnow.com or submit an RMA request at RedeemItNow.com. You must provide the original invoice number, product brand, complete model number of the product and a reason for return. All merchandise returned within 30 days is subject to a 15% restocking fee based on the original list price of the product in the RedeemItNow store. If you used a credit card to purchase all or a portion of the returned product, your credit card statement will reflect your refund minus this fee. Vouchers and itcoin will be reissued or reinstated in amounts reflecting the discount for the 15% restocking fee. Refunds will be issued within 30 days of receiving the product at the RedeemItNow Fulfillment Center. All shipping costs are the sole responsibility of the Member. There will be no right to return products beyond 30 days after receipt.

4. ENROLLMENT AND TERMS OF PARTICIPATION

Only individuals 13 years or older and who are members or clients of participating third party companies may enroll in the RedeemItNow Program and become Members. RedeemItNow may increase the age requirement or otherwise restrict enrollment to meet legal requirements in the prospective member’s country of residence. Corporations or other business entities are not eligible to become Members. You agree to provide current, complete, and accurate information in the registration section of the Site. Member agrees to provide only true and accurate information to RedeemItNow (including to its advertisers and partners) at all times. You agree further to update and keep such information current as needed. If RedeemItNow have reason to believe that Member is not providing accurate and truthful information, or if member is allowing someone other than Member to use its account, RedeemItNow shall have the right to terminate Member's account and Member shall not be eligible to redeem any balance in Member's account. You shall provide a password or accept a RedeemItNow assigned password in order to access the Program. You are solely responsible for maintaining the confidentiality of your password and account information. You shall immediately notify RedeemItNow of any unauthorized account activity, or any unauthorized use or any other breach of security known to you.

RedeemItNow Memberships and the right to use the Site and Program are limited to one individual per RedeemItNow account. RedeemItNow allows only one email address per Member. RedeemItNow reserves the right to limit RedeemItNow enrollment at any time.

RedeemItNow reserves the right to send Members messages from time to time. You expressly agree to receive communications from Us by email. Such messages may include RedeemItNow 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 enrolled in the Program.

Member's discontinued participation in RedeemItNow or failure to notify RedeemItNow of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed itcoin and Vouchers. RedeemItNow reserves the right to cancel or disable accounts and expire unredeemed itcoin and Vouchers in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: RedeemItNow website login, email response (click thru), profile update or any Voucher or Point redemption transaction.

Member shall comply with all laws, rules, and regulations that are applicable to Member or to Member’s participation in the Program or use of the Site. Member acknowledges that Member may only participate in RedeemItNow if and to the extent that such participation is permitted by such laws, rules, and regulations. RedeemItNow may refuse to enroll Member, or to restrict, modify, or terminate Member's participation in RedeemItNow, without liability of RedeemItNow to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in RedeemItNow could violate any law, rule, or regulation.

5. THIRD PARTIES, ADVERTISERS AND LINKS

RedeemItNow may provide advertising space and/or links and pointers to Internet sites maintained by third parties. RedeemItNow has not reviewed all of the third party sites nor reviewed the products or services they may provide. RedeemItNow is not responsible for, nor does it endorse, the contents or products or services of such third parties or their sites. RedeemItNow does not control in any respect any information, products or services offered or suggested by third parties on the Site. RedeemItNow does not endorse or otherwise warrant or guarantee the products or services of third parties that are advertised on the Site or connected to the Site by link.

Member's correspondence with or participation in promotions of RedeemItNow’s advertisers and partners are solely between corresponding Member and the advertiser or partner. RedeemItNow assumes 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. Member understands that, in some cases, there may be a delay in the crediting of itcoin for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to RedeemItNow for such crediting of itcoin. RedeemItNow will not be responsible or liable for the delay or failure to credit itcoin in such event.

6. PRIVACY POLICY/ PERSONAL AND NON-PERSONAL INFORMATION.


RedeemItNow promises to maintain the privacy of members' personal information. The full extent of our commitment can be found by visiting Privacy Policy.

You understand that We will use the personally identifiable information you provide during the registration process or in response to other requests to facilitate communications and target special discounts and offerings. Personally identifiable information is information that identifies you and includes such data as name, address, telephone number, and email address. We do not send your personal individual information or identify you individually to our clients or third parties unless you consent. You have no objection to the use of your personal information for these purposes. Please see our Privacy Policy for further information.

As stated below and further described in our Privacy Policy, we use cookies and Web beacons to obtain non-personal data such as IP addresses, browser type, referring URLs, clickstream data (information that users generate as they move from page to page and click on items within a website, usually stored in log files), operating system, and date/time stamp. We use such data to analyze trends, administer the site, track User's movement, and gather broad demographic and behavior information. The information collected by us through cookies and the Web beacons will not be disclosed or sold to third parties.

A cookie is a small piece of information that a website transfers to the hard drive of a visitor's computer to facilitate recognition and communication and for record-keeping purposes. You can adjust your Web browser to not accept cookies, but you may lose some functions if you do so. A web beacon is an invisible file located on webpages that you visit. They are often used in combination with a cookie to track navigation of a site and communicate with your computer to determine, among other things, whether you have been to that page before or viewed particular information. Such information does not personally identify you, but are data itcoin that may also be used to enhance the use of the web site, for market research and to target Activity invitations to you based on preferences.

We may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose, in accordance with the guidelines set forth here and in Our Privacy Policy.

7. ABUSE

Member agrees not to abuse RedeemItNow privileges by conduct which is detrimental to the interests of RedeemItNow, including without limitation attempting to spend itcoin or use Vouchers in a manner inconsistent with the rules of RedeemItNow or intent of this Agreement. RedeemItNow reserves the right to terminate or disable, at RedeemItNow's sole discretion, any Member if RedeemItNow believes such Member has violated or acted inconsistently with the rules of RedeemItNow or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem itcoin and Vouchers. Member understands and agrees termination of membership for abuse will result in the cancellation of all of Member's itcoin and Vouchers.

Without limiting RedeemItNow’s rights to determine if a Member is abusing the Program, the following actions are considered an abuse and a violation of this Agreement and cause for immediate termination of the right to continue to use the Site or participate in the Program.

• Registering with RedeemItNow by giving false or misleading information
• Changing your profile and giving false or misleading information
• Creating multiple RedeemItNow accounts
• Registering if you are under the age of 13 years old
• Registering or changing user profile with usernames or email addresses that RedeemItNow deems indecent
• Participating in purchasing or redemption fraud, or
• Tampering with RedeemItNow award links

8. NO SPAMMING OR JUNK MAIL

From time to time, RedeemItNow may solicit feedback on services provided by the Site. You warrant that your use of the Site or Program will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail. If you have breached this obligation, RedeemItNow may report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

9. DISPUTES

If you have a dispute regarding the closure of your account, you will be required to give us your social security number or other government issued identification and full name and postal address, so we can verify your registration information with appropriate government records. After we have run a check on your profile, if your records are accurate, we will advise you of our decision or the reason your account was closed. If, in our discretion, we should decide to re-open your account, we will re-open your account and advise you why your account was closed and re-credit any itcoin or Vouchers. If your records do not match, your account will remain closed and no further action will be taken. If we are not be able to verify your identity due to lack of access to government records, we will not process your dispute and there will be no recourse and your account will remain closed.

RedeemItNow 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 itcoin) shall be final and binding.

10. DISCLAIMER OF WARRANTIES

Member expressly agrees that use of RedeemItNow is at the Member's sole risk.

REDEEMITNOW AND ALL SERVICES OFFERED THEREIN ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. REDEEMITNOW MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH REDEEMITNOW OR THROUGH REDEEMITNOW ADVERTISERS OR PARTNERS; THAT REDEEMITNOW WILL MEET MEMBERS' REQUIREMENTS; OR THAT REDEEMITNOW WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES REDEEMITNOW MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REDEEMITNOW OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH REDEEMITNOW.

REDEEMITNOW EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REDEEMITNOW SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY REDEEMITNOW ADVERTISERS, PARTNERS, MANUFACTURERS OF MERCHANDISE, OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM REDEEMITNOW OR THROUGH REDEEMITNOW SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. LIMITATION OF LIABILITY

REDEEMITNOW SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO YOU PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, REDEEMITNOW’S LIABILITY, EITHER JOINTLY OR SEVERALLY, SHALL NOT EXCEED $100.

RedeemItNow is not responsible for damages or losses that result from participating or inability to participate in RedeemItNow, or reliance on or use of information, services, or merchandise provided on or through RedeemItNow.

RedeemItNow is not responsible and assumes no liability for changes or discontinuances of services from partner or providers which may affect offers or the accrual of itcoin or Vouchers.

12. TERMINATION RIGHTS

IN ADDITION TO REDEEMITNOW’S RIGHT TO TERMINATE YOUR MEMBERSHIP FOR BREACHES OF THIS AGREEMENT, EITHER MEMBER OR REDEEMITNOW MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE AT ANY TIME. UPON A TERMINATION WITHOUT CAUSE, THE RIGHT TO USE THE MEMBERSHIP CEASES IMMEDIATELY UPON NOTICE AND MEMBER'S WILL HAVE 90 DAYS TO REDEEM ANY REMAINING itcoin OR VOUCHERS THAT ARE ELIGIBLE FOR REDEMPTION.
 Termination of Member's membership by Member is effective upon Member submitting a termination request through the RedeemItNow Web site. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn itcoin or Vouchers after termination. 
 Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with RedeemItNow, Member's only recourse is to discontinue participation in RedeemItNow and properly terminate his or her membership. (See paragraph above.) Any continued use of the Site or participation in the Program will be deemed to be acceptance of the then current terms and conditions of RedeemItNow.

13. NON-TRANSFERABILITY

Membership and Member's right to use the Site or Program is non-transferable. itcoin and Vouchers are non-transferable and are void if transferred. Vouchers, itcoin and/or rewards may not be bartered or sold. Member's membership will terminate immediately in the event of Member's death. RedeemItNow accounts and itcoin and Vouchers are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

14. PROPRIETARY RIGHTS TO CONTENT AND OTHER INTELLECTUAL PROPERTY

Member acknowledges that RedeemItNow content (including but not limited to text, sound, photographs, graphics, or other material contained in any RedeemItNow communication, advertisements, or messages, whether by RedeemItNow or RedeemItNow 's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by RedeemItNow, its advertisers and partners, as the case may be.

Member agrees not to forward any RedeemItNow offers or promotions to others without first obtaining the express written permission of RedeemItNow. RedeemItNow offers are specific to Member's membership unless otherwise stated.

15. MODIFICATIONS

RedeemItNow reserves the right to change this Agreement, and/or any part thereof, at any time with or without notice to Member. RedeemItNow shall not be liable to Member or any third party should RedeemItNow exercise its right to modify or discontinue the Program. Member understands the most recent version of this Agreement will be located on the RedeemItNow Web site in the Member Services area under Terms of Service (“TOS”). Member's non-termination or continued use of Site or Program constitutes an affirmative acknowledgment by Member of any modification to the TOS and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.

16. GENERAL TERMS

All notices given by RedeemItNow to you will be given by email, regular mail or by general posting on the RedeemItNow Web site, at the discretion of RedeemItNow.

Member agrees to indemnify and hold RedeemItNow, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees, relating to or arising from Member’s use of the Site or Program or violation of this Agreement.

Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, creation, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Los Angeles, California, under the Commercial Arbitration Rules of the American Arbitration Association (“Rules”), by a single arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This contract shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration act and by the Rules, without reference to state arbitration law.

Member and RedeemItNow agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

RedeemItNow’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RedeemItNow in writing.

You agree that the registration procedure and subsequent activation of the "I AGREE" button constitutes your agreement to this Agreement. Further, the Agreement and any documents referred to or incorporated in this Agreement, including the Privacy Policy, is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. You agree that each use of the Program and the Site reaffirms your acknowledgment and agreement to this Agreement.

YOU ACKNOWLEDGE THAT BY CLICKING ON THE "I AGREE" BUTTON BELOW TO COMPLETE REGISTRATION AS A MEMBER, YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOREGOING STATEMENTS AND THIS AGREEMENT.

 
 
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