Effective Date: September 17, 2013.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES YOU TO ARBITRATE INDIVIDUALLY ANY DISPUTES OR CLAIMS YOU MAY HAVE WITH US AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ARBITRATION.
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. You also agree to comply with any guidelines or rules posted on the Site, and all such guidelines and rules are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or the Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using this Site and to cancel your participation in the Program.
PLEASE NOTE: We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective on the earlier of (i) the date such amendment was posted to the Site, or (ii) at the earliest date permitted under applicable law (the “Effective Date”). Please review these Terms and Conditions regularly. Your continued use of the Site or the Program following the Effective Date of any amendment will constitute your acceptance of the amended Terms and Conditions. For your information, this page was last updated as of the date set forth at the top of these Terms and Conditions.
3. ELIGIBILITY FOR PARTICIPATIONTo be eligible to participate in the Program, you must be at least 18 years of age at the time of registration and reside in the United States. Current and Former Employees of the Company and persons related to or residing in the same household of such employees are not eligible to become Members. Corporations or other business entities are not eligible to participate. Only one gift is permitted from Y R Central per person and/or household for one year after your registration date.
To be eligible to receive a Gift or assist a friend in receiving a Gift through a Refer-a-Friend offer, you must: (i) establish and maintain an account on the Site registered to a valid, unique e-mail address belonging only to the individual identified in the registration information; (ii) provide valid and truthful information as requested by the Company or a participating Sponsor, including your full legal name, postal address of your principal residence, land line or mobile telephone number and valid email address; (iii) agree to receive solicitations, marketing materials and other communications from us and Sponsors via e-mail, telemarketing, direct marketing, mobile marketing and any other method; (iv) have cookies enabled; (v) provide the address of your principal residence as a shipping address; and (vi) comply with each of the provisions of these Terms and Conditions.
4. PROGRAM REQUIREMENTS / RULES OF PARTICIPATION
To qualify for your Gift or assist a friend in qualifying for a Gift through a Refer-a-Friend offer (as defined below) in this Program, you must complete the following steps and your account must not have been terminated pursuant to Section 5:
Access the registration form on the Site and enter and submit all requested information. Do not enter a P.O. Box for your mailing address. We will not ship any promotional item to a P.O. Box. You also may be offered the opportunity to answer a series of survey questions about your interests and/or request more information from our marketing partners.
- Complete Sponsor Offers (and comply with the Cancellation Limitation)
For this promotion, Two iPhone 5s, you must complete a total of 14 offers as follows: Page 1 (Silver) - complete any 3 offers; Page 2 (Gold) - complete any 3 offers; Page 3 (Platinum) - complete any 8 offers to get your gift.
To “complete” each Sponsor Offer, you must complete the exact number of Sponsor Offer Requirements as indicated on the Site, the Sponsor must report to us that you have successfully completed their offer (Sponsor notification typically takes 4 weeks), and you must not exceed the Cancellation Limitation set forth below.
Examples of Sponsor Offers include, without limitation, trial offers, credit cards, product offers, service offers, other low-cost or commercial Offers, and Refer-a-Friend Offers. Some Offers require a purchase to be made, while others are free trials that convert to paying obligations if not canceled or free applications that do not require an initial purchase.
You must complete the required number of Sponsor Offers within 60 days following the Program Sign-up Date, and all the steps in the Program Requirements (including the mailing-in of your Gift Redemption Voucher) must be completed within 180 days of your Program Sign-up Date. To remain eligible and qualify for program offers, you must use the same personal contact information that you provided during registration when making purchases.
The number and category of Sponsor Offers available for you changes on a periodic basis as new Sponsors come in to the Site and older Sponsors expire. You should check back periodically after the Program Sign-up Date for new Sponsor Offer opportunities by visiting your “Gift Status” section under your “Member Account”.
We rely on each Sponsor to provide us with timely reporting and confirmation of your successful completion of their Sponsor Offer. Sponsor offers may take 4 to 6 weeks to confirm successful completions. You must save all receipts, order confirmation, records and materials that show your transaction history with each Sponsor Offer. You may be asked for copies of receipts, order confirmations and other relevant documents in the Gift Redemption process to verify your transactions with Sponsors and failure to produce the required documents for a Sponsor Offer when requested may result in you not receiving completion credit for that Sponsor Offer. In addition, we reserve the right to request proof of identity such as a copy of your driver's license, passport or other government issued identification.
CANCELLATION LIMITATION: You will not be eligible to receive a Gift in this Promotion if, within 30 days of your Sponsor Offer Initial Transaction Date, you cancel your participation in more than two Sponsor Offers you have completed as a part of the Program Requirements. If you were invited by a Refer-a-Friend Offer, you can't cancel your participation in any Sponsor Offers within 30 days of your Sponsor Offer Initial Transaction Date (the “Cancellation Limitation”).
- Refer-a-Friend Offers - If presented with Refer-a-Friend offers, you may choose to invite friend(s) who must complete the required number of Sponsor Offers as stated in the Refer-a-Friend email sent to your friend(s) which in turn will generate a Sponsor Offer completion towards your Gift. Refer-a-Friend Offers may require multiple friends to complete the required number of Sponsor Offers in order to generate a Sponsor Offer completion as stated on the Silver, Gold, and Platinum Refer-a-Friend Offer pages.
Friends you refer must register using the link provided in the Refer-a-Friend email delivered to them. Please note the Refer-a-Friend email sent to friends must comply with the CAN SPAM ACT of 2003. Your friend's name, address and email address must be different than yours, although your friend(s) may use an email address that is not the same as that initially provided by you.
Qualified Friends must: a.) abide by these Terms and Conditions when registering on this site; b.) register with a valid residential address; c.) have only been invited once by you from either the Silver, Gold, or Platinum Sponsor Offer pages; d.) not have previously generated Refer-a-Friend Offer completions for a friend on this web site; e.) satisfy the required number of Sponsor Offers, as shown on the Refer-a-Friend Offer pages and in the Refer-A-Friend email sent to your friend(s), within sixty (60) days of your registration date; and f.) not cancel participation in Sponsor Offers within 30 days of Friend(s) Sponsor Offer Initial Transaction Date(s).
- Gift Redemption- Check the "Gift Status" section of your Member Account information on the Site on a regular basis so that you'll be able to see your progress as various Sponsors report back to us with your completion status. Before you receive a Gift Redemption Voucher the following must occur: a.) the required number of Sponsors must have reported to us that you successfully completed their offers, and b.) you have provided the required proofs of purchase. Upon satisfying a.) and b.) your account will be updated accordingly and you will receive a Gift Redemption Voucher to print, complete and mail for your Gift. Once you have sent your Gift Redemption Voucher, the Gift Status section of your Member Account will be updated. Be sure to keep a copy of your Gift Redemption Voucher. Upon our receipt of your properly completed Gift Redemption Voucher, it will take six (6) to eight (8) weeks to ship your Gift.
Note: We are solely responsible for the fulfillment of your Gift. All questions related to Gift fulfillment should be directed to us. Please do not contact our Sponsors regarding your Gift fulfillment status. The Sponsors are solely responsible for their Offers, Program Requirements, refunds, products, cancellations and related customer service. For those questions, please contact the Sponsors directly.
- License to Use this Site and Become a Member- Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site and participate in our programs in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
5. TERMINATION/CANCELLATION OF ACCOUNTS
Company may, at its sole discretion, terminate any account and deny any Gift without prior notice for:
- any violation of any provision of these Terms and Conditions or fraudulent activity;
- aiding, promoting, or participating in circumvention of the Program, including, but not limited to, using any account to accrue a Gift for a third party or using a third party's account to accrue a Gift for yourself, including without limitation posting information on a website, forum, or auction that has to do with "canceling the offers" or cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel Sponsor Offers;
- using multiple email addresses to circumvent the Program
- signing up for and immediately cancelling multiple offers
- purchasing referrals or paying third party's to complete Sponsor Offers;
- participating in any organized system of individuals or "conga line" trying to obtain referrals to qualify for a Gift;
- posting your Refer-a-Friend link in search engines and places where it is not welcome or spamming your link online in any capacity;
- acting against the business interests or reputation of the Company;
- otherwise acting unlawfully in relationship to the Company, the Site or the Program; and/or
- any other reason at the sole discretion of the Company.
If your account is terminated by Company, you may not re-enroll or join under a new account without Company’s prior written authorization.
6. RELATIONSHIP WITH SPONSORS.
Participating Sponsors are independent third parties and the Company is not acting as a principal, agent or broker with respect to any Sponsors. When you complete a Sponsor Offer, your relationship with any such Sponsor is solely between you and the Sponsor. The terms and conditions associated with each Sponsor Offer (as opposed to the terms and conditions of the Program described herein) are determined by the applicable Sponsor, and are subject to change in the applicable Sponsor's sole discretion. You agree not to hold the Company or its officers, directors or employees liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Sponsors through the Program.
7. OTHER APPLICABLE TERMS AND CONDITIONS
In addition to the provisions of Sections 1 through 6 above, the following terms and conditions apply to your use of the Site and participation in the Program:
- You are responsible for maintaining the confidentiality of your Member Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Account, including, but not limited to, any purchases made from the Company or Sponsors.
- By establishing an account to participate in the Program, you are giving your consent to receive by email promotions or newsletters from the Company, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these communications, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Onlinerewardcenter, click here. Please note that exercising an opt-out mechanism only applies to emails from Onlinerewardcenter and not from Sponsors.
- You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via the Site or any Sponsor's Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law, and in equity.
- We reserve the right to: (a) substitute any Gift with another item of similar value, as determined in our sole discretion; or (b) send you the cash equivalent for the Gift, as determined in our sole discretion. Note that a Gift will be considered income and it is your responsibility to report the receipt of the Gift to the applicable federal and state tax authorities. In addition, should the value of your Gift(s) total $600 or more, you will also be sent a W-9 that must be completed, notarized and returned with your Gift Redemption Voucher, as required by law.
- You may be transferred to online merchants or other third party websites, including those of Sponsors, through links or frames contained on the Site. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your information. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such websites by the Company and any association with its operators is provided solely for your convenience. You agree that Company has no liability whatsoever in connection with such third party websites and your usage thereof.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO RETURNS OR EXCHANGES WILL BE ACCEPTED.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, NO MATTER HOW CAUSED, INCLUDING WITHOUT LIMITATION AS A RESULT OF TYPOGRAPHICAL, SYSTEM,HUMAN ERRORS AND FAILURES, FAULTY TRANSMISSIONS, TECHNICAL PROBLEMS AND MALFUNCTION(S), ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, OR THE USE OR INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTELLECTUAL PROPERTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (i) THE VALUE OF THE GIFT FOR WHICH THE CONSUMER HAS REGISTERED, OR (ii) $1,000, OR (iii) ACTUAL DOLLAR AMOUNT CONSUMER SPENT ON A SITE COMPLETING SPONSOR OFFERS.
- If you have any dispute concerning any aspect of these Terms and Conditions, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms and Conditions are unenforceable
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in the state of Florida or otherwise in the home state of the owner of this Site. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party's claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms and Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com
CONTACTING US. If you have questions about the Service or this Agreement, please contact us by any method set forth on our “contact us” page.
Program Requirements: The set of actions (set by the Company) you must take to qualify for a Gift, such as (but not limited to) entering valid contact information, completing Sponsor Offers and completing the Gift Redemption process.
Friend's Program Requirements: The set of actions (set by the Company) your Friend must take to qualify for a Gift, such as (but not limited to) entering valid contact information, completing Sponsor Offers and completing the Gift Redemption process.
Program Sign-up Date: The date on which you sign up with your email address on the Site and thus create your member account.
Sponsor: An advertiser (affiliated with Company or Third Party) that seeks to create a business relationship with consumers and in exchange for such business relationship is willing to subsidize the cost of providing a Gift to the consumer. Only advertisements specifically indicated on the Site as Sponsor Offers should be considered to be Sponsor Offers. Survey questions and other content on the Site should not be considered to be Sponsor Offers.
Sponsor Offer Completion Date: The date on which you fulfill the Sponsor Offer Requirement and the Sponsor has reported to us that you have successfully completed their Offer.
Sponsor Offer Requirements: The actions (set by Company and/or Sponsor) you must take in order to be deemed to have completed a Sponsor Offer for the purpose of satisfying the Promotion Requirements
Sponsor Offer Initial Transaction Date: The date that you sign up for the Sponsor Offer. For example, for a Sponsor Offer requiring that you submit an approved application, the Sponsor Offer Initial Transaction Date is the date of submission of a valid application for the credit card. For a Sponsor Offer requiring that you participate in a free trial, the Sponsor Offer Initial Transaction Date is the date of submission of your billing information to enroll in the trial.