MyPointSaver Terms & Conditions (updated August 16, 2015)
Acceptance of MyPointSaver.com (“Website”) Terms and Conditions
Your registration, access and use of the Website and the points (“Points”) program is subject exclusively to these Terms and Conditions, including any use of third-party websites and devices such as Facebook, Twitter, smartphones or tablets . You agree that you have read and understand these terms. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers (collectively, the “Rules”) contained in this notice. If you do not accept these Rules you must immediately stop using the Website. MyPointSaver may change the Rules at any time and for any reason, and the new Rules will become effective immediately.
Use of Credit Cards
We use third-party sites (such as Paypal) to conduct payment transactions, and do not have access, nor do we want access, to your credit card information. MyPointSaver is not liable for any issues resulting in fraud or misuse of your credit card.
Corporations are not eligible to become members (“Members”). Only individuals 18 years of age or older residing in the United States or Canada may enroll in the MyPointSaver program (“Program”). MyPointSaver reserves the right to prevent access to the Program and the Website.
The Program is limited to one individual per MyPointSaver account. You are responsible for the use of your Point program and the security of your login identification and password. To access a MyPointsSaver account, other than your own, is a violation of these Rules. You may not transfer or permit other persons to use your Points program.
MyPoints allows only one email address per Member. Individuals attempting to abuse the Program by using multiple email addresses and/or accounts, will be deemed in violation of the Rules and have their Points revoked and Program canceled.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from any decision. All material contained on the Website is provided without a warranty of any kind. You use the material on the Website at your own discretion.
You agree to:
- Comply with the terms of MyPointSaver and MyPointSaver’s partners and advertisers programs and promotions.
- Provide accurate information at all times and keep shipping information up to date.
- Not abuse the Program in a manner which is detrimental to the interests of MyPointSaver.
- Promptly notify MyPointSaver of any name, physical address or email address changes.
- Allow MyPointSaver to be the sole determiner in cases of suspected fraud, abuse, or Rules violations, and any decision it makes related to your Program and membership (including the modification of your Points).
- Not hold MyPointSaver responsible, obligated or liable for your participation with third party advertisers, merchants, or offers on the Website or MyPointSaver’s partners and advertisers websites.
- Take and hold responsibility for ensuring your Points are properly credited. For Point discrepancies, you must email firstname.lastname@example.org.
- Not hold MyPointSaver responsible for any offers that do not reward Points. Points will not be rewarded for reasons listed, but not limited to: Disabled browser cookies; Refunds and/or exchanges; Unsuccessful offer submits; and failure by MyPointSaver’s partners to properly credit a transaction.
- Not transfer your Points and/or Program to anyone else for any reason, including but not limited to, death and/or domestic relations. If your Points and/or Program is found transferred and/or manipulated in any way, it will be void and canceled.
- Only spend Points on rewards offered through the Website.
- Not hold MyPointSaver responsible for lost or stolen rewards.
- Allow MyPointSaver the ability to change rewards at any time without prior consent or notice.
- Permit MyPointSaver and the Member to immediately terminate membership with or without cause at any time. Upon termination, your right to use the Points program ceases and your unredeemed points cancelled.
- Conduct dispute resolution proceedings only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action, unless both you and the entity with which you have a dispute specifically agree to do so in writing following initiation of the arbitration. You agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties. The arbitrator may not consolidate more than one person’s disputes or claims, and may not otherwise preside over any form of a representative or class proceeding, unless both parties agree otherwise. MyPointSaver does not consent to class arbitration. Accordingly, if a court refuses to enforce the above provisions, then this agreement to arbitrate shall be unenforceable as to you. Whether a dispute or claim proceeds in court or in arbitration, you and MyPointSaver hereby waive any right to a jury trial.
Change of Use
MyPointSaver reserves the right to:
- Change or remove (temporarily or permanently) the Website or any part of it without notice. You confirm that MyPointSaver shall not be liable to you for any such change or removal.
- Change these Terms and Conditions at any time, and that your continued use of the Website following any changes shall be deemed your acceptance of such change.
- Limit enrollment in the Program at any time.
- Limit the opportunities to earn Points available to Members at any time.
- Cancel or disable Member accounts and expire unredeemed Points after an inactivity period of 12 consecutive months.
- Refund or deduct Points from Member accounts at any time and for any reason MyPointSaver deems appropriate, such as but not limited to, Members that abuse the Point system using bots to earn points, creating fake accounts, and using abusive purchase/refund patterns in an attempt to “trick” the Point system.
- Offer personalized Point opportunities based off of profile data that is collected from profile form submissions.
- Delay crediting of Points to Members as a result of a delayed referral commission from MyPointSaver’s partners. MyPointSaver credits Points to Members for product purchases when both the following conditions are met: Product refund period has passed; Commission payment from our partner site has been received and locked.
Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Links to other websites are not endorsements of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- All content on the Website (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
- In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
Inward and Outward Bound Links
- Throughout the Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
- Any party wishing to link to this website is entitled to do so provided that the following conditions are observed: You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; 2. You do not misrepresent your relationship with this website; and 3. The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
- By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
Disclaimers and Limitations of Liability
The Website and Points Program is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, MyPointSaver will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. In no event shall MyPointSaver’s aggregate liability exceed the amount of one hundred dollars ($100.00). In jurisdictions that do not allow limitations of damages, MyPointSaver’s liability shall be limited to the greatest extent permitted by law.
MyPointSaver makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of MyPointSaver for death or personal injury as a result of the negligence of MyPointSaver or that of its employees or agents.
You agree to indemnify and hold MyPointSaver and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against MyPointSaver arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada and you hereby submit to the exclusive jurisdiction of the Canadian courts.
MyPointSaver.com, 40 Sheppard’s Glen Ave, Ottawa, Ontario, Canada