Total Network Tools 2002/NextStepPublishing-TotalNetworkTools2002-Win95.iso/Archive/Browser Speed/Webcelerator.exe/mytos.txt

Text File | 2000-08-24 | 16KB | 424 lines

MyPoints« Terms of Service

 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.


MyPoints« is owned and operated by MyPoints.com, Inc.
("MyPoints.com").


MyPoints« members ("Members") may earn Points for enrolling in
MyPoints«; taking advantage of Point-earning opportunities on the
MyPoints« and other third party Web sites; reading and responding to
offers from participating advertisers and partners via email; and
complying with the terms of other offers or programs from MyPoints.com
or other companies.


MyPoints.com reserves the right to send Members messages from time to
time for which they will not be rewarded. Such messages may include
MyPoints« system updates; flash bulletins; order confirmations;
administrative announcements; special requests and so on--and may be
sent via email or regular mail.


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.


MyPoints« Privacy Promise


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


Terms of Participation


Only individuals 18 years or older and residing in the U.S., U.S.
Territories, Australia, Canada, South Africa or a member of the U.S.
Military may enroll in MyPoints« and become Members.


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.


Points may be spent only on rewards as offered through MyPoints« at
the time of redemption.


Points have no cash value.


Members must accrue 750 "Available" Points before they may spend
Points for their first redemption; FOR DETAILS, PLEASE REFER TO THE
MYPOINTS« SPEND POINTS AREA AS CONDITIONS FOR REDEMPTION MAY BE
MODIFIED BY MYPOINTS.COM IN ITS SOLE DISCRETION AT ANY TIME.


MyPoints.com, Inc. reserves the right to limit the redemption of
specific rewards and limit the number of rewards available at any
particular Point-spending level.


Points will be subtracted from Member's account once the reward is
shipped.


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 at the Update Account Info section of the
Member Services area of the MyPoints« Web site.


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.


Unredeemed Points will expire on December 31st of the third calendar
year following the calendar year such Points are first deemed
"Available." Example: If not spent, Points earned in May of 1999 will
expire at the end of December 31, 2002.


MyPoints.com reserves the right to cancel or disable any membership if
that Member has been inactive for a period of 12 consecutive months.
"Inactive" shall be defined as lack of one of the following: web site
visit (click through); email response; 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 the 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 Partners


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
advertiser or partner's 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 shall be STRICTLY bound by the terms set forth in
the MyPoints« Privacy Promise.


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 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 at
Cancel Account found in the Member Services area on the MyPoints« Web
site and Member receiving a message from MyPoints« confirming
termination. 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.


Non-Transferability


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


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.


Modifications


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.


Notices


All notices given by MyPoints.com to you will be given by email,
regular mail or by general posting on the MyPoints« Web site.


Indemnification


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.


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 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.