TERMS AND CONDITIONS - MEMBER
Please read these Terms and Conditions (the "Agreement") carefully before enrolling in the Mall program. These terms and conditions constitute the agreement between you, on the one hand, and we and this Rewards site ("we" or "us"), on the other hand, governing membership in the Program (the "Terms and Conditions") and it is your responsibility to read and understand the Terms and Conditions before accepting. By enrolling as a member in the Program (a "Member") you agree to be bound by the Terms and Conditions. Enrollment is defined as providing the Mall program with your first and last name and email address and making a qualified purchase. Participation in the Program is at the discretion of all parties. XtraPlan Inc.. powers and operates this Mall website and program (the "Program") enabling members of this XP Contribution Program to earn Contribution ("Points") for qualifying purchases made through this Mall website and at participating in-store merchants. The Program and Rewards are made available strictly on an "as is" and "as available" basis. We makes no warranties express or implied that the Program will be uninterrupted or error-free.
You agree and acknowledge that we have no control over and are not responsible for the content of, or claims made on, the websites of participating or direct merchants. The terms, conditions, warranties and representations associated with any transactions between you and a participating or direct merchant of the Program are solely between you and the merchant. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, CONDITIONS OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR ALL IMPLIED WARRANTIES AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A DEALING OR USAGE OF TRADE REGARDING THE SERVICES, MATERIALS, OR GOODS, ADVERTISED, PROMOTED, SOLD OR OTHERWISE MADE AVAILABLE THROUGH A MERCHANT PARTICIPATING IN THE PROGRAM EITHER DIRECTLY OR INDIRECTLY. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND PURCHASE OF GOODS OR SERVICES FROM A MERCHANT ARE AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, OFFICERS, EMPLOYEES, OR CONTRACTORS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING ANTICIPATED REVENUE, SAVINGS OR GOODWILL, LOSS OF PROFITS, LOSS OF REVENUE OR OTHER ECONOMIC LOSS, ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH AN EVENT. Please refer to each Merchant´s website for all terms and conditions relating to the merchant transaction, including but not limited to, guarantees, warranties, payment terms, shipping, delivery, taxes, return policies and processing of returns. We make no warranties and disclaim responsibility for fulfillment of the transaction between you and a participating or direct merchant. We will make reasonable efforts to respond to any inquiries made by you within 30 days. You acknowledge and understand that we may audit all transactions initiated via the Mall website to verify that transactions were completed, have not been canceled and qualify for an reward as outlined in this Agreement. You understand and acknowledge that if we suspect fraud, that we may investigate and report any evidence, including personally identifiable information to law enforcement and other governmental or judicial authorities. We, at our sole discretion, may suspend and/or cancel a Member´s account or login, or deny access to the links to participating merchants with or without cause at any time.
ACCRUAL OF XP Contribution
We will award xp contribution for qualifying purchases through participating merchants through the Mall website and/or at participating in-store merchants. We not responsible for purchases made through a direct merchant as identified within the Mall website if the purchase was not made through the Mall. All qualifying purchases will accrue Points per the points-earning schedule displayed for each merchant. Members should read each xp contribution offer carefully as certain exclusions may apply. Purchases by customers with a billing address outside the United States, or which involve shipment of items outside of the United States, may not qualify for xp contribution awards. xp contribution offer not valid with any other offer unless expressly stated and permitted by the Merchant. xp contribution shall be awarded only on the net purchase amount, which is reported by the participating merchant (less any taxes and/or shipping charges). xp contribution shall be posted to the xp contribution members account no sooner than 45 days from the date of shipment. We reserve the right to reverse any Points awarded to a Member without limitation; (i) upon notification by a participating merchant of the Member´s failure to fulfill the requirements of a qualifying purchase, (ii) return; in whole or in part, any goods or service previously the subject of a qualifying purchase, or (iii) if you make a purchase at a participating merchant with the intent to defraud. We will use reasonable efforts to respond to any inquiries made by you within 30 days. We are not responsible for changes to, or discontinuance of, this xp contribution program. Neither We are not responsible for changes to, or discontinuance of, any Merchant, any Merchant´s withdrawal from the program, or for any effect on accrual of awards caused by such changes. We are also not responsible for changes to, or discontinuance of, any special offer or coupon at a Merchant´s website. It is the Member´s responsibility to make sure that all Merchant offers are valid and that awards for special offers are posted to the Member´s account. If a participating merchant files for bankruptcy or is unable to pay for an award, We will take the following steps:
The merchant will be removed from the web site; Any xp contribution that are unpaid by merchant will be suspended indefinitely and Members will not receive xp contribution for their purchases; In the future, if the merchant or subsequent operating entity pays for the suspended xp contribution, it will be released and posted. Awards that have already posted to your account will not be reversed in the case of bankruptcy.
XtraPlan RESERVES THE RIGHT TO MODIFY ANY OFFER AT ANY TIME WITHOUT NOTICE.
As a Member in the Mall program there are certain requirements expected of you in the usage of the web site and in the performance of your obligations as a Member. In order for us to award Rewards Points a Member must follow certain guidelines to create a qualifying transaction. You must:
- Be logged into the Program website; - You must use only valid links within the Program website to enter a participating merchants website; and
- You must complete your transaction within any session generated when clicking a valid link.
We reserve the right to cancel or change the Mall program at any time without notice. We may endeavor, but will not be obligated, to notify you of changes or cancellation but disclaim responsibility for failure to do so or any errors in attempting to contact you.
We are not responsible for your inability to connect to the Internet, access the Mall website or access a participating merchant´s website. xp contribution accrued via the Mall Program are non-transferable. Any violation of the aforementioned Terms and Conditions may cause the Member´s account to be cancelled and any or all xp contribution pending or awarded may be forfeited. All xp contribution earned in the program shall remain valid for a period of 1 year. Each purchase in the Mall shall extend the validation an additional One year from the date of that transaction.
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