Terms of Service (revised 6.8.08)
Acknowledgment & Acceptance
By enrolling and/or using the MyPoints® Program ("MyPoints"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in MyPoints shall conform to its terms and conditions.
The MyPoints Program is owned and operated by MyPoints.com, Inc. ("MyPoints.com").
MyPoints Program ("Program") members ("Members") may earn Points for taking surveys; taking advantage of Point-earning opportunities on the Program and other third party Web sites; responding to offers from participating advertisers and partners via email, postal mail or telephone; and complying with the terms of other offers or programs from MyPoints.com or other participating companies.
MyPoints.com reserves the right to send Members messages from time to time for which they may not be rewarded. Such messages may include MyPoints 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 can elect to stop receiving email through the BonusMail program, but cannot unsubscribe from these Administrative Messages while enrolled in the Program.
MyPoints.com is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them.
MyPoints.com reserves the right to limit MyPoints enrollment at any time.
Terms of Participation
Only individuals 18 years or older and residing in the U.S. and Canada may enroll in the MyPoints Program and become Members. MyPoints reserves the right to prevent access to the Program and the MyPoints website from IP addresses outside of the U.S. and Canada.
Corporations or other business entities are not eligible to become Members.
MyPoints membership and its right to use is limited to one individual per MyPoints account.
MyPoints.com allows only one email address per Member.
Member agrees to provide only true and accurate information to MyPoints (including to its advertisers and partners) at all times.
Member agrees to comply with the terms of all MyPoints and MyPoints advertiser and partner offers, promotions, and programs at all times.
Member agrees not to abuse MyPoints privileges by conduct which is detrimental to the interests of MyPoints.com, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of MyPoints or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with MyPoints award links, etc.
MyPoints.com reserves the right to terminate or disable, at MyPoints.com's sole discretion, any MyPoints membership if MyPoints.com believes such Member has violated or acted inconsistently with the rules of MyPoints or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.
MyPoints.com shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.
MyPoints reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your MyPoints account.
Points may be spent only on rewards as offered through MyPoints at the time of redemption.
Points have no cash value.
MyPoints.com is not responsible for lost or stolen rewards once issued.
Rewards are subject to change at any time without notice.
The number of Points required to redeem for a reward are subject to change at any time without notice.
Member inquiries regarding rewards ordered and not received must be received by MyPoints.com within 6 months after the initial redemption date. Thereafter, MyPoints.com will have no obligation to re-send rewards to the Member.
Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the MyPoints system.
Once used to claim a reward, Points will not be reinstated to Member's account.
In conjunction with spending Points for rewards, Member agrees to confirm that all information in Member's personal profile is up to date and accurate.
Member agrees to promptly notify MyPoints.com of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the
section of the Website under My Account
Member's discontinued participation in MyPoints or failure to notify MyPoints.com of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Points.
MyPoints.com reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (clickthru), survey completion, profile update or any Point-earning or spending transaction
MyPoints.com reserves the right to limit the opportunities to earn Points available to Member while Member remains inactive.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in MyPoints if and to the extent that such participation is permitted by such laws, rules, and regulations. MyPoints.com refuses to enroll Member, or to restrict, modify, or terminate Member's participation in MyPoints, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in MyPoints could violate any law, rule, or regulation.
Disclaimer of Warranties
Member expressly agrees that use of MyPoints is at Member's sole risk.
MyPoints and all services offered therein are provided on a strictly "as is" and "as available" basis. MYPOINTS.COM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH MYPOINTS OR THROUGH MYPOINTS ADVERTISERS OR PARTNERS; THAT MYPOINTS WILL MEET MEMBERS' REQUIREMENTS; OR THAT MYPOINTS WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES MYPOINTS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYPOINTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MYPOINTS.
MyPoints.com 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. MyPoints.com shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by MyPoints advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from MyPoints.com or through MyPoints shall create any warranty not expressly made herein.
Limitation of Liability
MYPOINTS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN MYPOINTS. SOME STATES 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.
MyPoints.com is not responsible for damages or losses that result from participating or inability to participate in MyPoints, or reliance on or use of information, services, or merchandise provided on or through MyPoints.
Member acknowledges and agrees that MyPoints.com neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
MyPoints.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.
In no event shall MyPoints.com's liability, either jointly or severally, exceed $100.
Participation in Promotions of Advertisers and Merchants
Member's correspondence with or participation in promotions of MyPoints advertisers and partners are solely between corresponding Member and the advertiser or partner. MyPoints.com 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 delay in the crediting of Points for promotions of advertisers or partners due to advertisers' or partners' failure to provide necessary information to MyPoints.com for such crediting of Points. MyPoints.com will not be responsible or liable for the delay or failure to credit Points in such event.
Third Party Services
To enhance the value of the MyPoints service to its Members, MyPoints.com may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation.
Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.
AT ANY TIME EITHER MEMBER OR MYPOINTS.COM MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request through the MyPoints Web site located within the Close Account page found in the My Preferences area on the MyPoints 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 Points after termination.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with MyPoints, Member's only recourse is to immediately discontinue participation in MyPoints and properly terminate his or her membership. (See paragraph above.)
MyPoints.com reserves the right to terminate the membership of any Member who appears to be using MyPoints in a manner inconsistent with this Agreement, the intent of this Agreement, or any MyPoints rules.
Member's right to use MyPoints is non-transferable.
Points are non-transferable and are void if transferred.
Member's membership will terminate immediately in the event of Member's death.
Points and/or rewards may not be bartered or sold.
MyPoints accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Proprietary Rights to Content and other Intellectual Property
Member acknowledges that MyPoints content (including but not limited to text, sound, photographs, graphics, or other material contained in any MyPoints communication, advertisements, or messages, whether by MyPoints.com or MyPoints.com'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 MyPoints.com, its advertisers and partners, as the case may be.
Member agrees not to forward any MyPoints offers or promotions to others without first obtaining the express written permission of MyPoints.com; MyPoints offers are specific to Member's membership unless otherwise stated.
MyPoints.com reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located on the MyPoints Web site in the Member Services area under Terms of Service.
Member's non-termination or continued use of MyPoints constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement 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.
MyPoints.com reserves the right to modify or discontinue the MyPoints service with or without notice to Member.
MyPoints.com shall not be liable to Member or any third party should MyPoints.com exercise its right to modify or discontinue the MyPoints service.
Member's continued participation in the Program shall constitute an affirmative acknowledgment by Member of any amendment or modification to the TOS and Member's consent to abide and be bound by said TOS as amended or modified.
All notices given by MyPoints.com to Member will be given by email, regular mail or by general posting on the MyPoints Web site.
Member agrees to indemnify and hold MyPoints.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of MyPoints or violation of this Agreement.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators 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 law and by the Rules, without reference to state arbitration law.
Member and MyPoints.com 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.
This Agreement constitutes the complete and exclusive understanding between MyPoints.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
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.
MyPoints.com'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 MyPoints.com in writing.