and local merchants
Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Incentco Loyalty and Rewards Program (the "Program"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program ("Member"), you agree to be bound by the Program Terms and Conditions.
Eligibility and Terms of Participation
1. You must be an individual, 18 years of age or older.
2. Participation is determined by our Clients and is dependent on your relationship with the Client, hereafter referred to as your "Sponsor".
3. You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. We are not responsible for your inability to connect to the Internet, log into the Web site, or access your account.
4. From time to time, you may receive the opportunity to earn points from your Sponsor or other commerce partners for bonuses, promotional incentives and other actions as determined by your Sponsor or other commerce partners. You may use these points to acquire gift codes to use to claim merchandise or services offered to Members on this Website by our commerce partners. Such offers may be temporary in nature. We reserve the right to modify or eliminate such offers at any time. The offers are void where prohibited by law. Your Sponsor or our commerce partners are solely responsible for your points awards; we have no responsibility at all in awarding your points. The terms and conditions of your points awards program as defined by your Sponsor are hereby incorporated into this Agreement by reference, but we have no responsibility for such terms and conditions or your points awards earned or forfeited under those terms and conditions.
5. Incentco points, benefits and other services have no cash value and cannot be considered the property of the member. Points may not be redeemed for cash.
6. If your Sponsor commits an error in awarding points to your account or if you forfeit points under your Sponsor's terms and conditions, we reserve the right to cancel any points posted to your account on this Website. We can apply such cancellations to your account at any time at our sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
7. You may be taxed on your accrual of points awards and/or merchandise and services claimed in exchange for points, depending on the amount of points posted to your account, the value of merchandise or services claimed and the tax laws of federal, state, and local jurisdictions. We may be required to report the amount of your taxable income related to your participation in the Program to any of these jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual of points or receipt of merchandise or services in exchange for points.
8. It is your responsibility to check your account regularly to ensure that points you earn under your Sponsor's terms and conditions have been properly credited and that your account balance is accurate. If you do not believe that your points have been correctly credited to your account you must contact your Sponsor's Program Administrator within 90 days of the transaction(s) on account of which you believe you should have earned points.
9. We are not responsible for changes to, or discontinuance of, your Sponsor's participation in our Program, or for any effect on accrual or forfeiture of points caused by such changes, discontinuance, or withdrawal. We are not responsible for changes to, or discontinuance of, any special offer or codes posted on this Website for merchandise or services that may be claimed from our commerce partners in exchange for points; all offers from our commerce partners are subject to change or withdrawal at any time without advance notice.
10. It is your responsibility to keep your account information current. In the event that your information is not current at the time of you claim merchandise or services in exchange for points, we cannot be responsible for your failure to receive any such merchandise or services. We are not responsible for any merchandise or certificates for services sent to the wrong address if these errors were caused by inaccurate email or contact information provided by you.
11. In the future, Company may include commerce partners in the Program. When such partnerships are finalized, the following rules may apply but are subject to modification to reflect the requirements of specific commerce partners. Company commerce partners may be airlines, credit cards, rental car companies, hotels, or other entities who offer benefits or services in the Program or who permit the accrual and/or redemption of Company's points to Members who use their benefits or services. Commerce partners are independent entities and Company is not responsible for the nature or quality of products or services provided by commerce partners. Activity with a commerce partner which qualifies for Company points or the number of points required for rewards with various commerce partners are as set out on the Web Site and may be limited, withdrawn, modified, or cancelled at any time. Commerce partner rewards may be subject to more or different restrictions and limitations from each other. Company's commerce partner affiliations are subject to change at any time. You accept that there may be some delay between eligible transactions with commerce partners and the posting or removal of points in your account. If you are also a member of any other program such as an airline, car rental or hotel loyalty program, then you may only designate and earn credit in one program for any particular purchase or transaction unless specifically permitted by Company or the commerce partner in their terms. You need to specify which program shall be credited prior to the activity that can earn program credit. Company's points cannot be transferred to or replaced by credits in another program without Company's express written permission.
Account Access and Password
12. You must register as a user and establish a personal account on this Website in order to participate in the Program. In addition, your participation in the Program is governed by the terms and conditions established by your Sponsor for your points awards and the end user license agreements or other terms and conditions that may be established for claiming merchandise or services offered by our commerce partners. To the extent there is a conflict between this Agreement and the Program Terms and Conditions established by your Sponsor and/or our commerce partners this Agreement will control. Access to membership in the Program is on an invitation only basis. Your Sponsor has or will provide this invitation via email. In order to register for the Program, you must respond to this emailed invitation via a link to our Web Site and provide a password and a verification code that will allow you to access your account to verify points awarded to you, check account balances, claim merchandise or services offered from time to time by our commerce partners and modify your account information.
13. You must be logged on to this Web Site and enter your email address as your user name and a password to change your account settings and personal information.
14. We are entitled to act on instructions received under your user name and password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. We are not responsible for any changes or claims made to or from your account by someone else who uses your password.
15. Any software that we make available for download or use from the Web Site and/or our servers (the "Software") is the copyrighted work of the Company or its commerce partners, clients participating in the Program, licensors or suppliers. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement and Paragraph 10 above to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
Disclosure of Account Information
16. You authorize us to only disclose to third parties information you have provided, or information that we have obtained about your account or shopping behavior as follows: (i) to our agents and licensors and their affiliates and advisors, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or commerce partner, or (iv) where it is necessary for redemption or transfer of your account points and privileges. Further, you authorize us to receive any account information from your apartment community and any of our commerce partners, including, but not limited to, the details of any business activity conducted with any such parties. You allow us to collect and use non-personalized marketing information regarding your transactions with your apartment community, our commerce partners and their affiliates.
17. By signing up for membership in the Program, you agree to receive communications that are account and membership related (e.g., that we've added points to your account, that merchandise or a certificate for services claimed is being mailed to you) as well as periodic shopping-related emails that highlight coupons & special deals that are available to our members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you don't wish to ever hear from us, you can close down your account on this Web Site or by contacting our customer service.
Web Site Disclaimers
18. THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THIS WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THIS WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THIS WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THIS WEB SITE; (D) ANY PRODUCTS OR SERVICES OFFERED VIA THIS WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THIS WEB SITE, ANY OF THIS WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THIS WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS WEB SITE OR ITS CONTENT. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE AND ANY ERRORS CONTAINED HEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
19. YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THIS WEB SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THIS WEB SITE; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE OR PARTICIPATION IN THE PROGRAM; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS WEB SITE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THIS WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE). IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS WEB SITE.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR CREATIVE CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING ANY OF THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
20. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective owners, directors, managers, officers and employees from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, arising out of or in connection with this Agreement, including, without limitation: (a) your use of this Web Site; (b) your violation of this Agreement or any law, rule or regulation; or (c) your submission of claims for any merchandise or services from any commerce partners. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company under the terms and provisions of this Agreement and in no event shall you settle any such claim without Company's prior written approval.
21. THIS AGREEMENT AND ITS INTERPRETATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Jurisdiction and Venue
22. You waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement and/or this Web Site. Any controversy or claim arising out of or relating to this Agreement and/or this Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Colorado, in the City of Denver, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this paragraph and/or for entering any judgment on an arbitration award, shall take place in the State of Colorado, in the City of Denver. You waive the defense of forum non conveniens.
23. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of this Web Site and your participation in the Program, including, without limitation, those governing your transmission or use of any software or data. This Agreement and any applicable end user license or similar agreements referred to in Paragraph 11 above contain the sole and entire agreement between the parties with respect to this Web Site, the Company and the Program and supersedes any and all other prior written or oral agreements between them. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect. You agree that this Agreement will not be construed against Company by virtue of having drafted this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement. No waiver on the part of Company of any provision of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized representative of Company.
Termination Or Changes To The Program
24. We reserve the right to terminate the Program at any time with notice. Without our assuming any obligation to do so, we may send notification of Program termination to the email address you provide to us during the registration process or via any updates to your account information you post to this Website. We will not be responsible for failing to notify you of Program termination in any event whether we determine not to notify you of termination or where such failure is caused by any reason outside our control, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform us of a change in your email address.
25. We may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of this Web Site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
Termination Of Membership
26. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of points, or any misrepresentation of any information furnished to us, your Sponsor or any affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your account and/or forfeiture of your accrued Program points. We also reserve the right to close accounts that have been inactive for more than 24 months. Inactivity is defined as no award of points nor claim of merchandise or services from commerce partners. Your participation in the Program will automatically and immediately terminate upon the termination of your relationship with your Sponsor as defined by your Sponsor. In such event you will have 14 days from the date of termination to redeem any unused points which you have been awarded or the points will expire. Further, unused points will expire on December 31st of the year after the year in which points were awarded to you or in some Client programs one year after the points were issued.
27. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of points accrual or redemption, must be submitted in writing within thirty (30) days of the qualifying transaction, to Incentco LLC, 3801 PGA Boulevard, Suite 600, Palm Beach Gardens, FL. 33410, or contact Customer Care. Any such disputes shall be resolved by Company at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Company. In the event that an error is made by Company, your sole remedy shall be a cash payment in an amount equal to the point value of the error but not to exceed $100.
What data we collect and why
Our vision is to maximize the rewards for all of Incentco members and to provide as many member benefits as possible. The key way in which we provide value is to enable your Sponsor, to offer our rewards Program which in turn provides you with access to valuable merchandise and services from our commerce partners. The information we collect (name, email address, and physical address) is used to track and send the points and benefits members earn.
Additionally, we may use information on the commerce partners you visit or the offers you view on this Web Site to select special offers that will be relevant to you. Except at an aggregate level, however, we do not share that information with your Sponsor, our commerce partners or other third parties.
Finally, we collect data on the devices that access or attempt to access our websites. This device data is used in conjunction with a third party security partner to identify and prevent fraudulent activity and does not include personally identifiable information.
Who sees your personal information
Only a very limited number of our employees ever have access to your personal information. This information is used to track and send the points you earn and the merchandise and services you claim in exchange for your points.
We may use contractors or vendors to help us provide some of the services on our Web Site. If we need to disclose personal information for them to provide the services, it is with the requirement that the information is kept confidential and is used only for those services.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web Site or to protect us and our members from losses.
How we keep your information secure
The security of your personal information is important to us. Incentco uses a secure, encrypted connection (called an SSL connection) on all pages where you access or transmit personal information.
We will never ask for your username, password or any other personal information in an unsolicited phone call, email or letter. Further, any contact with our customer service in which personal information is exchanged with a customer service representative will be used only for the purpose of satisfying your request. Any personal information you provide will not be recorded or used for any reason beyond that of the stated request.
Your privacy with our commerce partners, your apartment community and advertisers
We do not record personal information passed from our members to commerce partners, affiliated stores or Sponsors. Order information, including order numbers and amounts, may be available to us, the commerce partner, or third party affiliate program management companies for accurate tracking purposes, but this information will not be released by us to other parties.
Our policies on email
We send two types of email to members: customer service emails required to maintain the Program (like points & shipping notifications); and promotional emails featuring especially good offers. You may choose not to receive promotional emails at any time from us on the Web Site or by clicking the "unsubscribe" link in an email.
Cookies and how are they used
Incentco requires its members to have cookies enabled in order to claim merchandise and services from our commerce partners.
The Web Site and any e-mails sent by the Web Site may contain electronic images (generally, single-pixel ".gif" images) called "web beacons." These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Company's use of web beacons on its Web Site, include, without limitation, the following:
Your choices and responsibilities
Periodically we may send you emails on new features or special offers. On every one of these emails you will be given the choice to unsubscribe from our promotional mailings. Simply follow the directions in any of our emails.
It is the member's responsibility to update and maintain accurate contact information in their account. You can make changes by visiting your account page and entering corrections. Email and street addresses that are entered into a member's personal profile page are the addresses that will be used for all contact. We are not responsible for payments sent to an incorrect addresses provided by you.