GREETABL TERMS OF SERVICE
Effective Date: September 3rd, 2020
GREETINGQUBE, LLC, a Missouri limited liability company d/b/a Greetabl, (“Greetabl,” “us,” “we,” or “our”) operates an online service that may be accessible through the website located at www.greetabl.com (the “Service”) that may allow users to, among other things, design and purchase mailers and packaging.
These Terms of Service and any additional terms or conditions that we post on the Service from time-to-time (“Terms of Service”) set forth the terms and conditions under which you may access and use the Service.
BY ACCESSING, REGISTERING WITH OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER WITH, OR USE THE SERVICE.
Greetabl reserves the right to modify or change these Terms of Service at any time without prior notice to you. If Greetabl modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of this page. The most current version of these Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Service. Your continued access to and/or use of the Service after Greetabl posts any revised Terms of Service constitutes your agreement to any such revised Terms of Service.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE OR ON THE SERVICE TO THE CONTRARY, THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON GREETABL’S LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 9 AND 10 BELOW.
1. General Use and Restrictions .
1.1. License. Conditioned upon and subject to your strict compliance with these Terms of Service, Greetabl grants you a personal, non-exclusive, non-transferable, limited license to access and use the Service to view information regarding Greetabl and its products and services, to design mailers and packaging, and to purchase mailers, packaging and other products and services from Greetabl, in each case (i) to the extent the applicable functionality is made available to you from time-to-time, and (ii) through the provided functionality of the Service.
1.2. Use of the Service. You agree not to enter or use the Service for any purpose that is not expressly permitted by these Terms of Service, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Service including, without limitation, those applicable to the Internet, copyrights and trademarks.
1.3. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are authorized to provide such information to us so that we may use, process and transfer such personally identifiable information in connection with our provision of Service and any purchase made via the Service, and you assume all responsibility for dissemination and use of the information provided.
1.4. Restrictions. You agree not to, without first obtaining Greetabl’s express written permission, (a) use any of its trademarks as metatags on other websites; (b) use the Service in any manner that is illegal or impairs the operation of the Service or its availability or usage by others; and/or (c) display any part of the Service in frames (or any content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service, and not to insert any code or product or manipulate the Service in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Service. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Service except for customary search engines used in accordance with automated instructions directed to search engines and available on the Service.
2. The Service .
2.1. General. Portions of the Service available to different users may vary. No user has access to all portions of the Service. You agree not to use or access, or attempt to use or access, any portion of the Service for which you are not intentionally given access to by us or the User Account of any other user.
2.2. User Accounts. If you successfully register with our Service, you will be considered a "registered user" of and will have a "User Account" for the Service. You shall not create more than one (1) User Account for yourself.
2.3. Access to your User Account. You may not authorize any other person to enter and/or use your User Account. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your User Account, you will be responsible for all use by that party using your User Account. You agree to (a) immediately notify Greetabl of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your User Account at the end of each session.
3. USER CONTENT
3.1. User Content & User Feedback. "User Content" means all content and information uploaded or otherwise submitted via the Service by you, including content and information uploaded or otherwise submitted in connection with your User Account, excluding User Feedback. User Content includes, without limitation, (1) photographs, and (2) other content that you upload to the Service to design mailers and other packaging. “User Feedback” means all ideas, concepts, suggestions, and/or proposals regarding the Service that you submit to Greetabl.
3.2. License to User Content. By uploading or otherwise submitting User Content (including, without limitation, personally identifiable information) to the Service, you shall be deemed to grant to Greetabl, its affiliates and related entities, a perpetual, royalty-free, irrevocable, worldwide, unrestricted, non-exclusive and fully transferable, assignable and sub-licensable license to (a) use, reproduce, modify, store, publish, adapt, create derivative works from, and distribute such User Content (in whole or part) as part of your User Account and any mailer or packaging that you design and/or purchase via the Service, and (b) display such User Content (in whole or part) as part of your User Account in the course of providing the Service. Greetabl may also use your User Content for advertising and promotional purposes if it obtains your prior approval.
You further represent and warrant to Greetabl that you have the right to upload or otherwise submit such User Content to us and to grant Greetabl the licenses granted in this section, and that such User Content does not infringe, misappropriate or otherwise violate a privacy right or copyright, trademark, or any other intellectual property right of another.
3.3. No Liability for User Content. You are solely responsible for any User Content that you submit to the Service. We shall not be liable for the use or misuse of any such User Content including, without limitation, any personally identifiable information. You acknowledge that we have no obligation to screen User Content uploaded to the Service. Greetabl may refuse, remove or disable any content, including User Content, that is available via the Service. Without limiting the generality of the foregoing, we may remove any User Content submitted to the Service that Greetabl, in its sole discretion, deems abusive, defamatory, obscene, unlawful or otherwise unacceptable.
3.4. Restrictions on User Content. You agree not to post any User Content to the Service that (a) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, false, hateful, indecent or otherwise objectionable to Greetabl in its sole and absolute discretion, (b) contains false, fraudulent, deceptive or misleading statements, (c) infringes, misappropriates or otherwise violates a copyright or trademark, or any other intellectual property right of another, (d) violates the privacy rights of another, or (e) violates any municipal, state or federal law, rule, regulation or ordinance of any nation, or attempts to encourage such violation.
3.5. Rights you Grant to Us. By submitting Log-in Information to us, you are licensing that Log-in Information to us for the purpose of providing the Service, and granting to us the right to use and store such Log-in Information to provide the Service to you. By submitting Log-in Information to us, you represent that you are entitled to submit it to us for use for the purposes described in these Terms of Service, without any obligation on us to pay any fees or any other limitations. By using the Service, you expressly authorize us to access your calendar and contact information.
When you add Log-in Information for a social media account, the Service will use such Log-in Information to retrieve User Content from your social media account. You hereby authorize and permit us to use and store Log-in Information submitted by you to the Service to accomplish the foregoing. For purposes of these Terms of Service and solely to provide the Service to you, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your Log-in Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING CONTENT AND/OR INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
“Log-in Information” means passwords, usernames and other log-in information used to access your social media account from which you would like obtain User Content.
3.6. Assignment of User Feedback. The Service may permit users to provide User Feedback. If you submit any User Feedback, such User Feedback shall be owned exclusively by Greetabl and Greetabl may, in its sole discretion, use and/or disclose such User Feedback for any and all purposes, without any compensation to you. To the extent you have or obtain any intellectual property right in or to any User Feedback, you shall be deemed to assign all right, title and interest therein, if any, to Greetabl as of the date such right first vests in you.
4. Fees and Payment.
4.1. Fees. Unless we agree otherwise in writing, you shall pay to Greetabl any amounts due for any purchases (including, without limitation, sales tax, and any applicable shipping and processing fees) made via the Service in accordance with any fee or payment information posted on the Service, as updated from time-to-time. Greetabl may, in its sole discretion, issue a refund to the credit card or debit card used at the time of purchase.
4.2. Taxes. The sale of products may include sales tax, if applicable. Purchases not subject to sales tax may be subject to use tax and customers may be required to file use tax returns and pay use tax based on their state of residence. You shall promptly pay, and indemnify Greetabl again, all taxes and duties assessed in connection with any purchase made via the Service.
4.3. Payments. All amounts payable hereunder must be made in U.S. dollars. You shall make all payments via credit card, debit card or by other means that we may permit from time-to-time.
4.4. Credit Card Payments. If Greetabl (or its applicable payment processor) does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand.
5. Termination & Suspension. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Service, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Service is terminated, you will not thereafter access, or attempt to access, the Service, directly or indirectly, and (b) if your authorization to access the Service is suspended, you will not thereafter access, or attempt to access, the Service, directly or indirectly, until your suspension is removed and we give you express notice thereof. Upon any termination or your authorization to access the Service, you agree to immediately pay to Greetabl any amounts which may be owed as the result of your transactions by means of the Service.
6. Linking and Third Party Dealings.
6.1. Links to External Sites. Greetabl may provide hyperlinks to other web sites and Internet resources operated by parties other than Greetabl. Greetabl has no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
6.2. Linking to the Service. Subject to the further provisions of this section 6.2, Greetabl welcomes links to the Service from other web sites. If Greetabl demands that you not link to the Service, or any portion of the Service, you agree that you will not, directly or indirectly, link to the Service or such portion of the Service as directed in our demand, at any time after such demand is made.
7. Intellectual Property.
7.1. General. Except for User Content and content that is in the public domain, the Service and all content, as well as the selection and arrangement of the content, is owned by (or licensed to) Greetabl or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Service and content are expressly reserved by Greetabl.
7.2. Trademarks. GREETABL and the related logos are trademarks of Greetabl, and may not be copied, imitated or used, in whole or in part, without Greetabl’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Greetabl or its licensors and may not be copied, imitated, or used, in whole or in part, without Greetabl’s prior written permission.
7.3. Policy, Notices and Procedures Regarding Claims of Copyright Infringement. Greetabl respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 9.3. Pursuant to Title 17, United States Code, Section 512(c)(2), Greetabl designates Copyright Agent as its agent designated to receive notification of claimed copyright infringement (“Designated Agent ”). The address of the Designated Agent is 911 Washington Ave – Suite 827, St. Louis, Missouri 63101. The telephone number of the Designated Agent is 314-472-5702. The email address of the Designated Agent is [email protected].
We may terminate your use and access to the Service (including your User Account) if we believe that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.
8. Indemnification. You hereby agree to indemnify and hold harmless Greetabl and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) your access and/or use of the Service, (b) any claim that any User Content misappropriates, infringes or otherwise violates any privacy or trademark, copyright, or other intellectual property right of any third party, and/or (c) any breach, or alleged breach, of any of these Terms of Service by you.
9. Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an “AS IS”, "WITH ALL FAULTS", and “AS AVAILABLE” basis. Greetabl makes no representations or warranties relating to the Service including, without limitation, representations or warranties that (a) the Service shall meet your requirements, (b) the operation of the Service will be uninterrupted or error free, (c) the Service will be secure; or (d) any defects in the Service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREETABL HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT GREETABL KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREETABL FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL GREETABL OR ITS LICENSORS BE LIABLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR (B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF SERVICE AND/OR THE SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF GREETABL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Greetabl’s total liability to you for any damages arising out of or in any way connected with these Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed the greater of (a) ten dollars ($10) or (b) the amount you paid to us, if any, during the three (3) month period immediately before the applicable claims arose.
11. Modifications to the Service. For the avoidance of doubt, Greetabl may modify, suspend, discontinue and/or restrict the use of all or any portion of the Service at any time for any reason (or for no reason) and without notice or liability.
12. Governing Law and Jurisdiction. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the federal laws of the United States and the laws of the State of Missouri, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in St. Louis, Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to the Service or any purchase made via the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
13. General Provisions. If any provision of these Terms of Service is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Service shall remain in full force and effect. No right or remedy conferred by these Terms of Service is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Greetabl may provide notice to you relating to these Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Service, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Service. A printed version of these Terms of Service and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Greetabl to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If Greetabl brings any suit against you to enforce these Terms of Service or otherwise in connection with your use of the Service, you agree that if Greetabl prevails in such suit Greetabl shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service.
Terms and Conditions: Greetabl Rewards
Article 1 GENERAL
1.1. Overview. The Greetabl Rewards rewards program (the “Program”) is a loyalty reward program offered by Greetabl (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.greetabl.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation www.greetabl.com/rewards (the “Explainer Page”).
The Program allows persons who have completed the membership enrolment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect credits when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these credits for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
1.2. Terms and Conditions. The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
1.3. Acceptance. By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
Article 2 PROGRAM MEMBERSHIP
2.1. Membership Enrollment. Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms by creating a User Account.(“Member Number”).
2.2. Passwords and Security. In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Greetabl Rewards rewards account (“Account”) is permitted per person.
2.3. Passwords and Security. If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the credits in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Credits will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any credits awarded on such purchases will be forfeited. If a Member was awarded credits for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the credits awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed. Credits can only be earned on eligible purchases made on greetabl.com.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
2.4. Change in information. Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
2.5. Inactive Accounts. A Program Member Account is deemed to be inactive if credits are not earned in connection with such Account for 1 year. Once an Account is deemed to be inactive, all credits in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
2.6. Account Closure. Credits are reduced to zero upon closure of a Membership.
2.7. Security. If a User Account is used by any other person, all credits relating to purchases made by such other person will be credited to the User’s Account. The Company assumes no liability or responsibility for credits redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the User Account has been compromised. Any credits redeemed prior to notification shall be at the Users risk.
Article 3 REWARD POINTS
3.1. Reward Credits. Credits can be earned by Program Users in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the User Account is presented/entered at the time of purchase. Reward Credits expire 6 months after they are awarded to the Member.
Credits can be redeemed for rewards. When enough credits have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.
A Member must provide his/her User Account when redeeming credits to protect the integrity of the User’s credits balance. Each User is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the User information is inaccurate or incomplete. Users are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the credits, the remaining dollar value associated with all utilized points will be forfeited.
3.2. Value. Credits have no cash value and are not exchangeable for cash. The accumulation of credits does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which credits can be collected and/or redeemed.
3.3. Transferability. Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
3.4. Return/Exchange Program. In the event of a return/exchange of any eligible purchase that initially earned credits, such credits will be deducted automatically from the Account that was used for the eligible purchase (whether or not the User Account is presented at the time of return and/or exchange). Credits will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
3.5. Promotion. From time to time, the Company may advertise or offer exclusive offers to select Members to redeem credits for items other than a discount reward, or receive other benefits or discounts. Insider memberships, gift card purchases, custom print designs, large order uploads, the purchase of additional credits and other select products are exempt from discounts.
Article 4 PRIVACY
4.1. Confidential Information. We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
4.2. Unsubscribe. By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
Article 5 GENERAL
5.1. Acceptance. By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
5.2. Other Terms. These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
5.3. Abuse. Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated credits.
5.4. Waiver. Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
5.5. Contact. If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: [email protected].