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Acknowledgment & Acceptance By enrolling and/or using the pointstackers.net Program ("pointstackers.net"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in pointstackers.net shall conform to its terms and conditions. The pointstackers.net Program is owned and operated by pointstackers.net, Inc. ("pointstackers.net"). pointstackers.net 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 pointstackers.net or other participating companies. pointstackers.net reserves the right to send Members messages from time to time for which they may not be rewarded. Such messages may include pointstackers.net 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. pointstackers.net is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them. pointstackers.net reserves the right to limit pointstackers.net enrollment at any time. pointstackers.net Privacy Policy pointstackers.net promises to maintain the privacy of members' personal information. The full extent of our commitment can be found by visiting our Privacy Policy. Terms of Participation Only individuals 18 years or older and residing in the U.S. and Canada may enroll in the pointstackers.net Program and become Members. pointstackers.net reserves the right to prevent access to the Program and the pointstackers.net website from IP addresses outside of the U.S. and Canada. Corporations or other business entities are not eligible to become Members. pointstackers.net membership and its right to use is limited to one individual per pointstackers.net account. pointstackers.net allows only one email address per Member. Member agrees to provide only true and accurate information to pointstackers.net (including to its advertisers and partners) at all times. Member agrees to comply with the terms of all pointstackers.net and pointstackers.net advertiser and partner offers, promotions, and programs at all times. Member agrees not to abuse pointstackers.net privileges by conduct which is detrimental to the interests of pointstackers.net, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of pointstackers.net 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 pointstackers.net award links, etc. pointstackers.net reserves the right to terminate or disable, at pointstackers.net's sole discretion, any pointstackers.net membership if pointstackers.net believes such Member has violated or acted inconsistently with the rules of pointstackers.net 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. pointstackers.net 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. pointstackers.net 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 pointstackers.net account. Points may be spent only on rewards as offered through pointstackers.net at the time of redemption. Points have no cash value. pointstackers.net 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 pointstackers.net within 6 months after the initial redemption date. Thereafter, pointstackers.net 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 pointstackers.net 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 pointstackers.net of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the My Profile section of the Website under My Account. Member's discontinued participation in pointstackers.net or failure to notify pointstackers.net 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. pointstackers.net 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 pointstackers.net 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 pointstackers.net if and to the extent that such participation is permitted by such laws, rules, and regulations. pointstackers.net refuses to enroll Member, or to restrict, modify, or terminate Member's participation in pointstackers.net, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in pointstackers.net could violate any law, rule, or regulation. Disclaimer of Warranties Member expressly agrees that use of pointstackers.net is at Member's sole risk. pointstackers.net and all services offered therein are provided on a strictly "as is" and "as available" basis. pointstackers.net MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH pointstackers.net OR THROUGH pointstackers.net ADVERTISERS OR PARTNERS; THAT pointstackers.net WILL MEET MEMBERS' REQUIREMENTS; OR THAT pointstackers.net WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES pointstackers.net MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF pointstackers.net OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH pointstackers.net. pointstackers.net 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. pointstackers.net shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by pointstackers.net advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from pointstackers.net or through pointstackers.net shall create any warranty not expressly made herein. Limitation of Liability pointstackers.net SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN pointstackers.net. 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. pointstackers.net is not responsible for damages or losses that result from participating or inability to participate in pointstackers.net, or reliance on or use of information, services, or merchandise provided on or through pointstackers.net. Member acknowledges and agrees that pointstackers.net 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. pointstackers.net 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 pointstackers.net's liability, either jointly or severally, exceed $100. Participation in Promotions of Advertisers and Merchants Member's correspondence with or participation in promotions of pointstackers.net advertisers and partners are solely between corresponding Member and the advertiser or partner. pointstackers.net 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 pointstackers.net for such crediting of Points. pointstackers.net 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 pointstackers.net service to its Members, pointstackers.net may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation. Such third parties shall be STRICTLY bound by the terms set forth in the pointstackers.net Privacy Policy. Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services. Termination AT ANY TIME EITHER MEMBER OR pointstackers.net 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 pointstackers.net Web site located within the Close Account page found in the My Preferences area on the pointstackers.net 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 pointstackers.net, Member's only recourse is to immediately discontinue participation in pointstackers.net and properly terminate his or her membership. (See paragraph above.) pointstackers.net reserves the right to terminate the membership of any Member who appears to be using pointstackers.net in a manner inconsistent with this Agreement, the intent of this Agreement, or any pointstackers.net rules. Non-Transferability Member's right to use pointstackers.net 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. pointstackers.net 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 pointstackers.net content (including but not limited to text, sound, photographs, graphics, or other material contained in any pointstackers.net communication, advertisements, or messages, whether by pointstackers.net or pointstackers.net'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 pointstackers.net, its advertisers and partners, as the case may be. Member agrees not to forward any pointstackers.net offers or promotions to others without first obtaining the express written permission of pointstackers.net; pointstackers.net offers are specific to Member's membership unless otherwise stated. Modifications pointstackers.net 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 pointstackers.net Web site in the Member Services area under Terms of Service. Member's non-termination or continued use of pointstackers.net 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. pointstackers.net reserves the right to modify or discontinue the pointstackers.net service with or without notice to Member. pointstackers.net shall not be liable to Member or any third party should pointstackers.net exercise its right to modify or discontinue the pointstackers.net 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. Notices All notices given by pointstackers.net to Member will be given by email, regular mail or by general posting on the pointstackers.net Web site. Indemnification Member agrees to indemnify and hold pointstackers.net, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of pointstackers.net or violation of this Agreement. Laws 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 pointstackers.net 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 pointstackers.net 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. pointstackers.net'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 pointstackers.net in writing.