Terms & Conditions - Affinityy

Terms & Conditions

Affinityy Rewards Program

Terms and Conditions

 

By clicking the “Agree” button below, continuing to use the Affinityy website, making purchases using the Affinityy Cash Back Program to accrue Cash, or redeem Cash, you are agreeing to the terms and conditions below (the “Terms & Conditions”). Please read them carefully and save a copy for your records.

 

Becoming a Member

You become a member of the Affinityy Rewards Program by creating a valid account with us and agreeing to these terms and conditions. You must be in compliance with all of these Terms & Conditions to become a member. There is no cost to enroll for a basic membership.

We also may apply other criteria, including without limitation, criteria to help us prevent or mitigate fraud.

 

Earning Cash Back

You must be an Affinityy member to earn Cash Back. To make a qualified purchase (“Qualified Purchase”) that earns Cash Back, click on your desired store link at affinityy.com and make your purchase within 24 hours. Your click-through from Affinityy activates a code in the stores shopping cart that will make sure that you are making a qualified purchase through Affinityy. Orders placed outside of clicking through a store link at affinityy.com do not meet the criteria for qualified purchases and will not be considered a Qualified Purchase. Contacting a store to change an order may negate a Qualified Purchase because the participating merchant will cancel your original order and generate a new order that is not associated with the Affinityy. These actions are outside of our control and we are not responsible for any such changes. If this occurs, such transactions will not be considered Qualified Purchases. Taxes, shipping costs, and any fees charged by the merchant are not eligible to be a Qualified Purchase. Extended warranties that are sold along with merchandise are not eligible for Qualified Purchases. This also includes plans such as travel insurance. Please see the FAQs posted on our website, which are incorporated into these Terms & Conditions by reference, for additional details.

Purchases are initially posted to your member account as “Pending Cash Back” within 5 business days of a Qualified Purchase from a merchant participating in the Affinityy Rewards Program. A Pending Qualified Purchase stays in a “pending” state for up to 60 days from the date it is posted to your account to address different store return policies, order cancellations, and similar circumstances. Once “Pending Cash Back” has moved to Available Cash Back status, you can request your cash directly from your member account.

If you do not redeem your Available Cash Back within 2 years of earning them, then we may deem that Cash to have expired. We also may terminate your Affinityy Member account if there is no activity on your account (including Qualified Purchases at merchants participating in the Affinityy Program) within any 12-month period.

 

Credit Score Services

We provide members in the Affinityy Program with access to their credit score and related information from Transunion.  This is provided at no cost to you.  By clicking “Agree” below, you are providing us with written instructions to obtain your credit report information in connection with this service and for us to obtain information to determine whether you meet or continue to meet our credit criteria for future Affinityy offers. We may cancel or modify this service at any time.  You agree to abide by any terms and conditions that we or Transunion post relating to this service.

 

Your Personal Information

Your personal information will be handled in accordance with our online privacy policy. You agree to be bound by this privacy policy when you click “Agree” below. We will encrypt all personal information we deem to be sensitive.

 

Maintaining and Updating Your Account

You are responsible for keeping your Affinityy account information up to date and keeping your password confidential. Anything directed to us under your password requiring action will be treated as a communication from you and presumed to be authorized. We are not responsible for any transactions relating to your Affinityy account that may occur if someone else using your password with us executes them. To update or change any of your Affinityy account information you must be logged in.

You must monitor your Affinityy account. If you feel your account has been credited incorrectly, you have 60 days from the time that the information is first posted to our website to contact us about the error. If you do not, then we are not required to address any such error.

 

Modification and Termination

We may change any aspect of these Terms & Conditions or the Affinityy Program at any time for any reason, including by changing or removing any of the terms and conditions of, or adding new terms or conditions to, this document. You accept any such changes if, after notice of such changes by posting them to our website, (i) you continue to use the Affinityy Program in any way, or (ii) you do not provide us with written notice that you reject such changes within 30 days of posting. If you do provide us with such notice, your Affinityy Rewards Program will terminate.

 

Program Limitations, Qualifications, and Disclaimers

You agree to not steal or copy or otherwise infringe upon any content, code, design or any aspect of our website or other intellectual property, or that of any of the merchants participating in the Affinityy Program. You must be at least 18 years of age or older and have reached the age of majority in your state of residence. You must maintain a valid email address with us at all times. You will not misrepresent any of the information you provide to us, act in an abusive matter when interacting with our website or the websites of any of the merchants participating in the Affinityy Program. We are not responsible for any taxes or tax consequences relating to or arising from rewards provided to you under the Affinityy Program. If you have any questions about the potential tax implications to you, you should consult with your tax advisor. Use of the website and the Affinityy Rewards Program is void where prohibited.

You accept sole responsibility for all of your activities using our website, including your conduct on the site. You will not use the Affinityy Program, our website, or any other services we provide for any unauthorized or illegal purpose. You will not use bots to interact with us, including without limitation any interactions with our website or the websites of any of the merchants participating in the Affinityy Program.

YOU AGREE THAT YOUR USE OF THE WEBSITE, THE Affinityy Program AND ANY OTHER SERVICES WE PROVIDE TO YOU SHALL BE AT YOUR SOLE RISK AND IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE Affinityy Rewards Program AND ANY OTHER SERVICES WE PROVIDE TO YOU AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL WE, OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF OUR WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE, THE AFFINITYY REWARDS PROGRAM, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Under no circumstances shall we be held liable for any delay or failure in this website and/or any of the services and/or information on this website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, any of the other limitations above.

 

Assignment

These Terms & Conditions, you Affinityy account, and any related rights and licenses granted, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction or limitation.

 

Governing Law

You agree that: (i) this website shall be deemed solely based in the State of New York, (“New York”), USA; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms & Conditions shall be governed by the internal substantive laws of New York, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises shall be decided exclusively by a court of competent jurisdiction located in New York.

 

Arbitration of Disputes

This paragraph describes how all Claims (as defined below) will be arbitrated, at the election of you or us, on an individual (non-class, non-representative) basis instead of litigated in court.

Definitions. The term “Claim” means any claim, dispute, or controversy between you and us arising from or relating to the Affinityy Program, your account with us, or these Terms & Conditions, as well as any relationships resulting from these Terms & Conditions, including the validity, enforceability or scope of this arbitration provision or these Terms & Conditions. Claims arising in the past, present, or future, including Claims arising before the execution of this Agreement, are subject to arbitration. For purposes of this arbitration provision, “you” and “us” also includes any corporate affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of “Claims”. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims, and claims based upon contract, tort, fraud, and other intentional torts, statutes, regulations, common law, and equity. Claims and remedies sought as part of a class action, private attorney general action, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. “Claim” also includes claims by or against any third party relating to or arising from your Card, your Account, or this Agreement. The term “Claim” is to be given the broadest possible meaning that will be enforced. “Administrator” means the American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879; or JAMS, 1920 Main St., Suite 300, Irvine, CA 92614, www.jamsadr.com, (949) 224-1810.

Right to Elect Arbitration. We OR you have the right to require that each Claim be resolved by arbitration on an individual (non-class, non-representative) basis. A Claim will be arbitrated if (1) both we and you or (2) only one or the other of we or you, exercise the right to require that the Claim be arbitrated. If, for example, we exercise our right to require that the Claim be resolved by arbitration but you do not also exercise your right to require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we nor you request arbitration, the Claim will not be resolved by arbitration and instead will be litigated in court. We will not elect arbitration for any Claim you file in small claims court, so long as the Claim is individual and pending only in that court. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards or decisions is limited to you and us alone. Furthermore, Claims between you and us may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. However, corporate affiliates are considered one person for the purposes of this paragraph. No arbitration award will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act (“FAA”) (9 U.S.C. §1, et seq.).

No Jury Trial or Class Claims. If we or you request arbitration of a Claim, we and you will not have the right to litigate the Claim in court. This means (1) there will be no jury trial on the Claim, (2) there will be no pre-arbitration discovery except as the Administrator’s rules permit, and (3) no Claim may be arbitrated on a class-action, private attorney general, or other representative basis, and neither we nor you will have the right to participate as a representative or member of any class or group of claimants pertaining to any Claim subject to arbitration. We or you may elect to arbitrate any Claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

Initiation of Arbitration. The party initiating an arbitration shall select an Administrator from the organizations listed above. If none of the Administrators listed above will accept the arbitration, the arbitration will be administered by an administrator, or adjudicated by an arbitrator, upon which you and we agree in writing. The arbitration shall be governed by the procedures and rules of the Administrator and this Agreement, which need not apply federal, state or local rules of procedure and evidence. The Administrator’s procedures and rules may limit the discovery available to you or us. You can obtain a copy of an Administrator’s procedures and rules by contacting the Administrator. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years’ experience or a retired or former judge, selected in accordance with the rules of the Administrator. In the event of any conflict or inconsistency between this arbitration provision and the Administrator’s rules or other provisions of this Agreement, this arbitration provision will govern. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. Arbitration hearings for Claims by or against you will take place in the federal judicial district in which you reside. If you make a request to us in writing, we will temporarily advance to you the filing, administrative, and hearing fees for the arbitration of your Claim against us (but not if the Claim is against you) in excess of any filing fee you would have been required to pay to file the Claim in a state or federal court (whichever is less) in the judicial district in which you reside. At the end of the arbitration, the arbitrator will decide if you have to repay the advance (and if you do have to repay, you agree to do so). Unless applicable law requires otherwise, we will pay our, and you will pay your, lawyers’, experts’, and witnesses’ fees. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award.

Arbitration Award and Appeals. Judgment upon the arbitrator’s award may be entered in any court with jurisdiction. The arbitrator’s decision regarding any claims will be final and binding, except for any appeal right under FAA. The appealing party will pay the appeal costs. This agreement to arbitrate shall survive any suspension, termination, revocation or closure of the Agreement or your Account, and any bankruptcy to the extent consistent with applicable bankruptcy law.

Enforcement of this Provision. If any part of this arbitration provision cannot be enforced, the rest of the arbitration provision will continue to apply. However, an arbitrator cannot enlarge his or her authority over the adjudication of Claims beyond that provided by this arbitration provision by enforcing only part of this arbitration provision. If an arbitrator determines that applicable law requires this arbitration provision to be enforced in a way that would result in greater authority over Claims than otherwise allowed, such as the adjudication of claims on a class or representative basis, then the arbitrator must decline to hear the dispute and shall refer the parties to a court or other body with sufficient authority. In the event of any conflict or inconsistency between this arbitration provision and the Administrator’s rules or other provisions of this Agreement, this arbitration provision will govern.

 

Definitions

You and your refer to you, in your capacity as a user of this website and/or a member of the Affinityy Program. We, us, and our refer to Affinityy Inc. and any successor or assignee. Affinityy Program means any program we operate whereby you earn rewards points that may be redeemed from us for one or more services that we specify.