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| Participant Agreement
- Please read the following information governing this Card and retain for your records. Please sign the Card immediately. By accepting and retaining the Card, signing the Card or using the Card, you agree to all the terms and conditions in this participant agreement, as well as future terms and conditions and program/service changes. Current terms and conditions may be viewed on the Internet address printed on the enclosed literature or the front of the card carrier attached to the Card. The Card and associated offers are void where prohibited by law. As used herein, “Card” means the incentive Card issued to you. The term “Agreement” means the participant agreement attached to and/or enclosed with the Card. The terms “you and your” means the person to whom the Card was issued or its recipient. “We, our, us and AEIS” refer to American Express Incentive Services, LLC, as the issuer of the Card. The term “Sponsor” refers to the company or companies that have requested that the Card be issued to you and that provided the funding for the Card to AEIS.
| | Use of the Card
- The Card is not a credit card and cannot be used as one. The Card provides you access to points on the Card. You cannot increase the points on the Card. The Card may be used to settle charges at lodging establishments that welcome American Express Cards as noted on the enclosed literature. The Card’s value is shown in points, and one point equals one Canadian dollar in purchasing power. Points cannot be converted to cash or cash equivalents at any time, and currency or coinage cannot be provided on card balances remaining after use. Use of the Card is limited to the number of points held on the Card. Your right to use the points on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. If given the option, choose credit instead of debit when asked by an establishment. You should also sign the receipt for purchase with the same signature you used when you signed the Card. You may wish to retain the receipt as a record of the transaction. Please note that purchases made with the Card are similar to those made with cash or travelers cheques in that you cannot “stop payment” on such transactions. Any problems or disputes you may have regarding the transaction should be addressed directly with the establishment. The establishments where you can use the Card are subject to change without notification. Reasonable efforts have been made to insure that information regarding participating establishments is accurate; however, AEIS and Sponsor are not responsible for errors or omissions or any decision made by any establishment to fail or refuse to honor the Card. The full amount of each purchase, including taxes, will be deducted from the points held on the Card, up to the total points available on the Card. If you attempt to use the Card at a non-participating establishment, your purchase will be declined. If the Card is personalized with your first and last name and an establishment places an inappropriate hold on the Card account, or deducts an amount different from the amount of your purchase, we will file a merchant dispute on your behalf for claims reported within 90 days from the date of the transaction. The Card cannot be used to guarantee hotel rooms or similar reservations, or to make a cash deposit at a hotel. The Card can only be used to settle all or a portion of your charges upon checkout. The Card may not be accepted and should not be used at restaurants or other merchants located at a hotel and not owned, operated or managed by the hotel. It is your responsibility to determine the relationship between the hotel and any other merchants located at the hotel prior to using the Card for a purchase at such merchants.
| | Information on Card Usage
- You may obtain information regarding the amount of points remaining on the Card, and, if applicable, where you have used the Card by inquiring at the Internet address on the card carrier attached to the Card or by calling the toll-free number printed on the Card.
| | Laws of Missouri
- The laws of Missouri govern your use of the Card and the terms and conditions of this Participant Agreement.
| | Card Expiration
- IMPORTANT: There is a “valid thru” date on the front of the Card. You MUST use the points on the Card on or prior to the last day of the month of the valid thru date. After that date, the Card cannot be used and is invalid for all purposes. After the valid thru date, please cut up the Card and dispose of it. Any attempt to use the Card after the valid thru date shall be denied. SUBJECT TO APPLICABLE LAW, ANY POINTS REMAINING ON THE CARD AFTER THE “VALID THRU” DATE ARE IRREVOCABLY FORFEITED. Invalid Cards are not replaceable, refundable or returnable.
| | Returns
- You may not return goods obtained with the Card for a cash refund. You may return a purchase for a credit allocated to the Card provided that the establishment accepts returns and the Card is still valid.
| | Supplemental Payment
- It is your responsibility to know the points available on the Card at the time of purchase. To obtain your point availability, visit our Internet address located on the card carrier attached to the Card or contact customer service at the phone number printed on the Card. If your desired purchase amount is greater than your available points, you must consult with the establishment to determine whether supplemental payment is allowed. It is up to each establishment to determine if supplemental payment is accepted and the types and terms of such.
| | Shortages/Negative Card Balance
- If you attempt to use the Card for an amount greater than your available point balance, the transaction, in most cases, will be declined. If the establishment accepts supplemental payment (see Supplemental Payment above), you should instruct the establishment to apply an amount not to exceed the points available on the Card, and inform them that you will pay the balance with another form of payment. If, for any reason whatsoever, a transaction is processed despite insufficient available points on the Card (creating a “negative” amount, referred to herein as a “Shortage”), you agree to reimburse us, upon request, for the amount of the Shortage. In addition, we reserve the right to charge a Shortage fee of $35 per transaction every time your use of the Card results in a Shortage, subject to applicable law.
| | Lost or Stolen Card
- You should safeguard the Card from unauthorized use. It is your responsibility to immediately inform the Card Customer Service Center at the telephone number on the Card and on the card carrier attached to the Card if the Card is lost or stolen. We will replace one Card at no charge; however, we will deduct 15 points from the Card for each subsequent replacement. Please allow fifteen days to receive a replacement Card. We are not responsible for replacing lost or stolen points. Do not attempt to use the Card after you have reported it lost or stolen, even if you find it or have it returned to you. The replacement Card will have the same “valid thru” date as the Card being replaced. Subject to applicable law, if a Card is reported lost or stolen within 15 business days prior to the last day of the month of the “valid thru” date or any amount of time after the “valid thru” date, the Card will not be replaced. PLEASE SAFEGUARD THE CARD SECURELY AND TELL US IMMEDIATELY IF THE CARD IS LOST OR STOLEN.UNFORTUNATELY, NO REPLACEMENT POINTS WILL BE PROVIDED FOR POINTS DEDUCTED FROM YOUR LOST/STOLEN CARD BEFORE YOU NOTIFY US.
| | Call Monitoring
- From time to time, we may monitor telephone calls between you and us to ensure the quality of customer service.
| | Misuse of the Card
- If you repeatedly attempt to use the Card at non-participating establishments, you will be subject to a service fee up to 30% of the unauthorized transaction amount and the Card may be terminated. You may also be required to pay all costs incurred by us due to transactions that you initiate with non-participating establishments. If we suspect misuse of the Card, it may be suspended or terminated, and all points cancelled, with or without notice. The Card and associated points are non-refundable and have no surrender value. You must return the Card to us upon request. The Card is the property of AEIS. In the event of a cancellation for any reason, we reserve the right to notify the Sponsor regarding the cancellation.
| | Notice Of Data Protection And Privacy Policy
- Information We Collect: As part of providing you with the Card, we may obtain personal information (“Cardholder Information”) about you, including:
- Information provided to us by the Sponsor, such as your name, your address and/or your membership number in the Sponsor’s loyalty program.
- Information about purchases you make with the Card, such as the date of the purchase, the amount and the place of purchase. In addition, we may obtain information from providers of identity verification data and demographic information, in connection with our efforts to protect against fraudulent or unauthorized use of the Card.
| | |  | Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
Disclosure: We may use Cardholder Information to process Card transactions, to provide customer service, to process claims for lost or stolen Cards, to help protect against fraud, and to conduct research and analysis with our Cardholders through mail, phone or email surveys. We will provide information about you and your participation in the program to the Sponsor. In addition, on occasion establishments where you have shopped with the Card, and that are under contract with us, may request disclosure of Cardholder Information for the purposes of providing special offers. If, at any time, you wish to have your information removed from these lists, please call the Card Customer Service center at the number listed on the card carrier attached to the Card and printed on the Card. We may provide certain Cardholder Information to others outside of AEIS as permitted by law, such as to government entities or other third parties in response to subpoenas.
Choice: If you prefer not to receive offers from establishments, you may opt out by calling us in the U.S. toll free at the number on the card carrier attached to the Card and printed on the Card. If you opt out from receiving these offers, we may still send important information to you about the Card.
| | Disclaimer
- AEIS, the Sponsor, American Express Travel Related Services Company, Inc. (“American Express”) and their respective parents, subsidiaries and affiliated companies maintain no control over the personnel, equipment or operations of any air, water or surface carrier, ship line, transportation company, hotel, restaurant, tour company, establishment, catalog retailer or other person or entity providing services, products or accommodations as part of a trip or retail purchase; all establishments or suppliers offering products and/or services through the Card program are independent contractors, AEIS, the Sponsor, American Express and their respective parent companies, subsidiaries and affiliated companies make no guarantees, warranties or representations of any kind, expressed or implied, with respect to products, services or merchandise, and shall not be liable for any loss, expense, damage or injury incurred as a result of any defect in or failure of such items. SUCH PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. AEIS, the Sponsor, American Express and their respective parent companies, subsidiaries and affiliated companies shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity which may be caused or contributed to: (1) any wrongful, negligent or unauthorized act or omission on the part of any establishments offering products and/or services through the Card program, or any of their agents, employees or independent contractors; (2) any defect in or failure of any vehicle, equipment, instrumentality, service, product, delivery or accommodation which is owned, operated, furnished, sold or otherwise used by any participating Card establishment or supplier; (3) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not under their direct control; and/or (4) any other cause, condition or event whatsoever beyond their direct control. In no event will AEIS, the Sponsor, American Express and their respective parent companies, subsidiaries and affiliated companies, be liable for any punitive, special, indirect, or consequential damages.
| | Change of Name or Address
- You must notify us promptly if your name or address has changed. Call the Card Customer Service Center number appearing on the other side of this page and the back of the Card. Failure to notify us of these changes may result in information regarding the Card being sent to the wrong person. In such event, we will not be responsible for any resulting misuse of the Card, Customer Information, or the points contained on the Card.
| | Arbitration
- Purpose: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court.
| | | | Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. For purposes of this Arbitration Provision, “you” and “us” also includes any corporate parent, or wholly or majority owned subsidiaries, 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 and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card or this Agreement (including, but not limited to, third parties who accept the Card, third parties who use, provide or participate in programs accessed with the Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) the Card; (b) the amount of available points on the Card; © advertisements, promotions or oral or written statements related to the Card, goods or services purchased with the Card; (d) any benefits and services related to the Card; and (e) your enrollment for or activation of the Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the “Code”). Claims shall be referred to either the National Arbitration Forum (“NAF”), JAMS, or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows:
- The NAF at P.O. Box 50191, Minneapolis, MN 55404; website at .
- JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website: .
- AAA at 335 Madison Avenue, New York, NY 10017; website: .
| | | | Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO HAVE THEIR CLAIMS RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you 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.
Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any Federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such a request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the state or federal court closest to your residence that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate as to which you or we seek arbitration. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us.
Continuation: This Arbitration Provision shall survive termination of the Card as well as voluntary payment of any shortages in full by you, or any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement, each of which shall be enforceable regardless of such invalidity.
The Card is part of a system and method covered by U.S. Patent Nos. 5,689,100 and 5,956,695
© American Express Incentive Services, L.L.C. 2004 | |
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