THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
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THE SERVICE. The Website allows you to sign up for offers that you receive in the mail, by phone or by email. We provide two choices if you are interested in receiving offers and savings. You may sign up for a free option, in which you provide your name, mailing address, and other contact information, and we will send you offers and coupons with savings that we believe you would be interested in.
You have the option to pay a one-time fee to upgrade to Smart Perks VIP. Smart Perks VIP will entitle you to additional benefits and coupons for savings on leading brands' products and services. To receive the benefits, you must sign up on the Website, or by phone, by providing your name, mailing address, and other contact information, and by paying the current fee. The benefits of Smart Perks VIP consist of discounts and savings opportunities as described in this website or in your welcome letter. Smart Perks reserves the right to change the specific services included in Smart Perks VIP and to limit discounts. We reserve the rights to modify these Terms and to cancel Smart Perks VIP at any time for any reason in our sole discretion.
WHO MAY USE. You may only use the Website if you are at least 18 years old or the age of majority in your state. Only you and members of your immediate family living in your household may use Smart Perks VIP on your or their behalf. No corporate, company, or businesses are permitted. You agree to notify us if you become aware of any unauthorized use of Smart Perks VIP.
CANCELLATION OF Smart Perks VIP. You have the right to cancel Smart Perks VIP at any time. To cancel, write to 855 Village Center Drive, Suite 116, North Oaks, MN 55127, Attn: Customer Service, or call 1-866-801-4988, or email firstname.lastname@example.org
REFUNDS. If you purchase Smart Perks VIP and decide to cancel, you may receive a full refund any time up to 30 days after your purchase date by calling 1-866-801-4988. After 30 days have passed following your purchase date, you will not be entitled to and will not receive a refund.
WEBSITE USE. Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate, current and complete information about yourself. You must not violate or infringe any of our intellectual property, including any copyright or trademark. Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Except where prohibited by law, the Website and products contained and offered on the Website are provided "as is" and on as "as available" basis. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMART PERKS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMART PERKS SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. OUR LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE SMART PERKS VIP FEE CHARGED. SMART PERKS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED. This Website may contain links to websites or phone numbers that are established and maintained by a party other than Smart Perks. These links and phone numbers are provided for your convenience only, and we are not responsible for the content, accuracy or performance of such sites or phone numbers. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES DO NOT APPLY IN NEW JERSEY.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Minnesota: (i) any dispute, controversy, or claim relating to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
QUESTIONS. If you have any questions regarding Smart Perks VIP, please call toll free at 1-866-801-4988.
COPYRIGHT NOTICE. All images, text and other contents of this Website are ©2009-2016, ValusDirect, LLC. This Website is for personal and non-commercial uses only. Without the prior written consent of ValusDirect, LLC, any reproduction or commercial use of any materials from this site is prohibited. All rights reserved.
Smart Perks VIP is unavailable to residents of the states of WI, IA, MN, UT and VT.
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