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. The benefits of Smart Perks consist of discounts and savings opportunities as described in this website or in the Smart Perks Savings Package you may have received in the mail. Smart Perks reserves the right to change the specific services included in Smart Perks and to limit discounts. We reserve the rights to modify these Terms and 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. No corporate, company, or businesses are permitted to use Smart Perks. You agree to notify us if you become aware of any unauthorized use of Smart Perks.
CANCELLATION OF SMART PERKS. If you no longer wish to receive Smart Perks by mail and/or email, you have the right to remove your name from our list(s) 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
OUTBOUND TELEMARKETING. You may also be given the opportunity to opt in to receive offers from various advertisers via an outbound telemarketing call or calls to a phone number you designate to receive such offers. If you opt in and authorize such outbound telemarketing calls from advertisers on the Smart Perks website, they may be made using automated dialing technology. By providing your authorization, you agree to receive such calls via automated dialing if that is the dialing methodology/technology used by the advertiser, or by any other means, even if the number you provide is a cell or mobile phone, and even if you placed that same phone number on any Do Not Call list including the National Do Not Call Registry. You may revoke such authorization at any time. In order to revoke your authorization you must contact the advertiser in question directly. ValusDirect waives any responsibility regarding any authorization you may have provided an advertiser for outbound telemarketing while visiting the Smart Perks website.
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 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 either party may choose to file in small claims court, shall be submitted to final and binding arbitration before a single arbitrator under the auspices of JAMS® in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with JAMS®, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the JAMS® Consumer Arbitration Minimum Standards in effect at the time of submission of the demand for arbitration (available at https://www.jamsadr.com/consumer-minimum-standards/), which are incorporated by reference herein. 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, 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 is unavailable to residents of the states of WI, IA, MN, UT and VT.
When you use one of our Sites, you may voluntarily provide us with personal information, including your name, address, e-mail address, and telephone number. We may also collect and store payment information, including your credit card number and purchase and transaction-related data when you purchase from us. We may also collect and store demographic information such as your ZIP code, age, gender, and interests. Sometimes we may collect a combination of the two types of information, or we may aggregate information.
We may use personal information for purposes including:
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