Terms and Conditions
Agreement Regarding Terms and Conditions
Welcome to "Your Local Rewards" website (the Site). Your Local Rewards makes its
Site available to you subject to these Terms and Conditions of Service (Terms and
Conditions), and by accessing and/or using this Site you indicate your agreement
to be bound by these Terms and Conditions. If you do not agree to these Terms and
Conditions, do not access this Site. Your Local Rewards reserves the right to change
these Terms and Conditions, and your continued access or use of this Site constitutes
agreement to all such changes.
Registration
If you register to become a Your Local Rewards member (Member), you agree that
it is your responsibility to keep your Member information current, complete and
accurate by periodically updating your information in the appropriate section of
the Site. Your Local Rewards does not represent, warrant or guarantee that any
particular Participating Merchant (as defined below) will accept your debit card
or credit card registered with Your Local Rewards (Registered Card) as payment
for services or goods provided by such Participating Merchant as certain Participating
Merchants may not accept one or more of the type of Registered Cards described above
(e.g., American Express, MasterCard or Visa). IF YOU REGISTER TO BECOME A MEMBER,
YOU AUTHORIZE Your Local Rewards TO PERFORM ALL ACTIONS NECESSARY TO OPERATE THE
YOUR COMMUNITY CARD PROGRAM UNDER THESE TERMS AND CONDITIONS, INCLUDING WITHOUT
LIMITATION OBTAINING YOUR TRANSACTION INFORMATION FROM, AND SHARING YOUR PERSONAL
INFORMATION WITH, ANY LOYALTY PROGRAM PROCESSOR OR PAYMENT CARD NETWORK (INCLUDING
WITHOUT LIMITATION, VISA, MASTERCARD AND AMERICAN EXPRESS).
Member Rewards
Certain merchants have entered into agreements with Your Local Rewards pursuant
to which such merchants (each a Participating Merchant) have agreed to participate
in the program (Program) available in connection with the Site.
Subject to these Terms and Conditions, upon registering and becoming a Member of
the Program, you will be eligible to receive rewards (the Rewards) from Your Local
Rewards when you use a Registered Card to pay for goods and/or services at a Participating
Merchant (a Transaction). Subject to these Terms and Conditions, such Rewards will
be in the form of Reward Points (Points) credited to your Rainbow Rewards loyalty
program account (Account) registered with Your Local Rewards. The Points are redeemable
in cash that will be sent to your bank account by direct deposit or by check at
the frequency selected by the Member.
A current list of Participating Merchants is available on this Site. Participating
Merchants are added to or withdrawn from the Program from time to time and Rewards
awarded for purchases at Participating Merchants may vary from time to time. If
a particular merchant does not appear in the search results of this site on the
date you purchase a service or product from a merchant, that merchant is not currently
participating in the Program and shall not be deemed a Participating Merchant for
purposes of these Terms and Conditions.
Though Your Local Rewards has been advised that Rewards are generally considered
non-taxable rebates, you are responsible for any tax consequences resulting from
your receipt of Rewards under the Program. Your Local Rewards may report Rewards
provided to you as appropriate to the relevant tax authorities.
Where a special pricing arrangement has been negotiated with a Participating Merchant,
Rewards may not be available when used with coupons, discount cards, promotions
or special events such as large business functions. Any Rewards incorrectly granted
to you while a special pricing arrangement was in effect may be reversed by Your
Local Rewards. You may contact Your Local Rewards toll free at (866) 555-5555
or via email at support@yourlocalrewards.com.
Reward Account
Your Local Rewards Account. Points you accrue as a result of Transactions that
qualify for rewards (Qualifying Purchases) will be posted to your Account. The Your Local
Rewards Site will display a summary of Qualifying Purchases in your Account. Generally,
Qualifying Purchases and Points will be posted to your Account within ten (10) business
days. However, we will not be liable for damages resulting from any failure to post
Points or Qualifying Purchases to your Account in a timely manner. You acknowledge
and accept that you are solely responsible for checking your Account to verify that
all Points and Qualifying Purchases have been properly posted.
Redeeming Rewards
You may redeem your reward account balance by choosing one of three methods: by
a check mailed to you, via an ACH deposit to your financial institution account
or by converting to Frontier EarlyReturn airline miles. Rainbow Rewards currently
charges a $3 check processing fee for redemption by check. Other forms of redemption
may carry a fee in the future and Your Local Rewards retains the right to change its
redemption fee structure in the future. Your Local Rewards automatically issues reward
redemptions quarterly when the rewards account balance reaches $25. The member may
request payment at any time at a lower account balance if the member contacts customer
support. Yoru Local Rewards may at is discretion issue reward payments in special promotions
at account balance below $25. In such promotions, Your Local
Rewards waives redemption
fees.
Correcting Errors
If you believe that a Qualifying Purchase or Points for such Qualifying Purchase
have not been properly posted to your Account, then you must inform Your Local Rewards
within 120 days of the Qualifying Purchase for which you are claiming that
Points should have been posted. In such circumstances, you must send proof of purchase
(a copy of the receipt or statement) with your name and address using the contact
information below:
Your Local Rewards
Customer Service
555 Airport Way, Suite A
Oxnard, CA 93010
support@YourLocalRewards.com
Fax 866-423-2492
Receipts sent in after the 120-day period or which otherwise do not comply with
the foregoing requirements will not be considered for Rewards. Your Local Rewards
posted to your Account. You acknowledge that any
such determination by Your Local
Rewards will be final and binding.
Account Adjustments
In the event of any abusive or fraudulent activity related to your participation
in the Your Local Rewards Program as determined by Your Local Rewards in its sole
discretion, Your Local Rewards reserves the right to make any adjustments to your
Account at any time. Any such adjustments, however, will be made in accordance with
these Terms and Conditions, any Your Local Rewards Policies, any applicable laws,
rules or regulations, and the terms of any Participating Merchant offers.
Returning and Rescinding Rewards
In our sole discretion, we may deduct Rewards or Points from Your Local Rewards
Account in order to make adjustments for returns and cancellations with respect
to Qualifying Purchases.
Ownership
All right, title and interest in this Site and any content contained herein is the
exclusive property of Your Local Rewards. This Site is intended for personal, non-commercial
use. You may print, copy and download any information or portion of this Site for
your personal use only. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, frame, create derivative works from, transfer,
or otherwise use in any other way for commercial or public purposes in whole or
in part any information, software, products or services obtained from this Site,
except for the purposes expressly provided herein, without Your Local Rewards
prior written approval. Unauthorized use of this Site and or any Your Local Rewards systems, including, but not limited to, unauthorized entry into Your Local Rewards systems, misuse of passwords or misuse of any other information, is strictly
prohibited. You may not use this Site in any manner that could damage, disable,
overburden, or impair any Your Local Rewards site or service or interfere with
any other partys use and enjoyment of any Your Local Rewards site or service. You
may not attempt to gain unauthorized access to any Your Local Rewards site or service,
computer systems or networks connected to any Your Local Rewards site or service,
through hacking, password mining or any other means. You agree that you will not
engage in any activities related to this Site that are contrary to applicable laws
or regulations.
Your Local Rewards reserves the right, in its sole discretion, without any obligation
and without any notice requirement, to change, improve or correct the information,
materials and descriptions on this Site and to suspend and/or deny access to this
Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
The information and materials on this Site may contain typographical errors or inaccuracies.
Any dated information is published as of its date only, and Your Local Rewards
does not undertake any obligation or responsibility to update or amend any such
information. Your Local Rewards may discontinue or change any product or service
described in or offered on this Site at any time.
Disclaimers
You understand that Your Local Rewards does not operate or control the products
or services offered by Participating Merchants. Participating Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer service.
Your Local Rewards is not a party to the transactions entered into between you
and Participating Merchants. Neither Your Local Rewards nor its card-issuing partners
are responsible for the quality or quantity of goods or services obtained from Participating
Merchants.
ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS SITE IS OBTAINED OR COMPILED FROM
SOURCES Your Local Rewards BELIEVES TO BE RELIABLE, Your Local Rewards CANNOT
AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS
OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU.
ALL INFORMATION, PRODUCTS AND SERVICES ON, OR MADE AVAILABLE THROUGH, THIS SITE
ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. Your Local Rewards DOES NOT WARRANT
THAT THE PROGRAM, INFORMATION OR SERVICES PROVIDED BY Your Local Rewards OR YOUR
USE OF THIS SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, WILL MEET YOUR EXPECTATIONS
OR WILL BE FIT FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT PARTICIPATION IN THE PROGRAM
IS AT YOUR SOLE RISK AND THAT THE PROGRAM IS PROVIDED TO YOU AS IS AND WITHOUT WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Your Local Rewards DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitations of Liability
NEITHER Your Local Rewards, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES,
THIRD PARTY VENDORS, ANY LOYALTY PROGRAM PROCESSOR, OR PAYMENT CARD NETWORK, WILL
BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR (A) ANY LOSS OR DAMAGE THAT
YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING
FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE, THE DATA
CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS SITE AVAILABLE TO YOU,
OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE
OF THE SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO
SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF Your Local Rewards OR OF ANY VENDOR
PROVIDING SOFTWARE OR SERVICES OR (B) ANY LOSS OR DAMAGE THAT COULD RESULT FROM
INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION PROVIDED BY YOU OR SERVICES MADE
AVAILABLE TO YOU VIA THIS SITE.
UNDER NO CIRCUMSTANCES SHALL Your Local Rewards, ANY OF ITS AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, THIRD PARTY VENDORS, ANY LOYALTY PROGRAM PROCESSOR, OR PAYMENT
CARD NETWORK, BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND PARTICIPATING MERCHANTS OR FOR ANY INFORMATION APPEARING ON PARTICIPATING MERCHANT
SITES OR ANY OTHER SITE LINKED TO THE YOUR LOCAL REWARDS SITE. IN NO EVENT SHALL
Your Local Rewards, ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY
VENDORS, ANY LOYALTY PROGRAM PROCESSOR, OR PAYMENT CARD NETWORK BE LIABLE TO YOU
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE SITE OR THE PROGRAM (INCLUDING,
WITHOUT LIMITATION, ANY ERROR IN CALCULATING REWARDS OR IN POSTING POINTS OR QUALIFYING
PURCHASES TO YOUR ACCOUNT), REGARDLESS OF WHETHER Your Local Rewards,
THE LOYALTY
PROGRAM PROCESSOR OR PAYMENT CARD NETWORK WAS MADE AWARE OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED
TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF
MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT
PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED
ACCESS (INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO TRANSACTION DATA OR
PERSONAL INFORMATION), THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR
ANY FORCE MAJEURE. Your Local Rewards CANNOT AND DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
IN NO EVENT SHALL YOUR COMMUNITY CARD BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS
OF AN AMOUNT EQUAL TO THE TOTAL VALUE OF THE REWARDS YOU SHOULD HAVE RECEIVED FOR
QUALIFYING PURCHASES.
Intellectual Property
The trademarks, logos and services marks (collectively, Marks) displayed on the
Your Local Rewards Site are the property of Your Local Rewards and other parties.
You are prohibited from using any Marks for any purpose without the written permission
of Your Community Card or such third party which may own the Marks. All information
and content including any software programs available on or through the Your Local
Rewards Site (Content) is protected by copyright. You are prohibited from modifying,
copying, distributing, transmitting, displaying, publishing, selling, licensing,
creating derivative works or using any Content available on or through the Your
Local Rewards Site for commercial or public purposes.
Participating Merchant Policies
Participants in the Program who buy products or services from Participating Merchants
will be deemed to be customers of such Participating Merchant. All rules, policies
(including privacy policies) and operating procedures of such Participating Merchant
will apply to those persons while on such Participating Merchants site or local
store location. Your Local Rewards is not responsible for information provided by
you to Participating Merchants. Participating Merchant and Your Local Rewards
are independent contractors and neither Participating Merchants nor Your Local Rewards
has the authority to make any representations or commitments on behalf of the
other.
Web Cookies
Your Local Rewards uses a permanent cookie file to uniquely identify your computer
as you visit the Site from time to time. No personally-identifiable information
is collected or shared with any third party using this cookie. Your Local Rewards
also uses a temporary cookie file only to track your movement from page to page
within our site. The cookie is deactivated when you conclude your secure session.
Because this cookie is stored only in your computers temporary memory, it is deleted
when you sign off of your Account or when you close your web browser.
Most web browsers allow you to modify your preferences to be notified when a cookie
is set or to reject all cookies. If you choose to reject the Your Local Rewards
cookies, some areas of the Site may not function properly.
Links to Other sites
This Site contains links to third party web sites. These links are provided only
as a convenience. The inclusion of any link is not and does not imply an affiliation,
sponsorship, endorsement, approval, investigation, verification or monitoring by
Your Local Rewards of any information contained in any third party site. In no
event shall Your Local Rewards be responsible for the information contained on
that site or your use of or inability to use such site. Access to any other web
site linked to the Site is at your own risk. You should be aware that linked sites
may contain rules and regulations, privacy provisions, confidentiality provisions,
transmission of personal data provisions, and other provisions that differ from
the provisions provided on the Site. Your Local Rewards is not responsible for
such provisions, and expressly disclaims any and all liability related to such provisions.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with
the laws of the State of California, without regard to conflicts of laws provisions.
Sole and exclusive jurisdiction for any action or proceeding arising out of or related
to these Terms and Conditions shall be in an appropriate state or federal court
located in the City and County of Denver, State of Colorado and the parties unconditionally
waive their respective rights to a jury trial. Any cause of action you may have
with respect to your use of this Site must be commenced within one (1) year after
the claim or cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect
the intent of these Terms and Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect. Except for the Account agreement and Privacy
Policy respecting any Account you may have with Your Local Rewards, these Terms
and Conditions constitutes the entire agreement between Your Local Rewards and
you with respect to this Site and it supersedes all prior or contemporaneous communications,
agreements and understandings between Your Local Rewards and you with respect to
the subject matter hereof.
Last revised: October 4, 2007