Terms of Service (07-09-2019)
Acknowledgment & Acceptance
By seeking or redeeming points of the Homeschool Buyers Club SmartPoints Points Program ("SmartPoints Program"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in SmartPoints Program shall conform to its terms and conditions.
The SmartPoints Program is owned and operated by Homeschool Buyers Club (the "Club").
Club members ("Members") may earn Points for taking surveys, making selected purchases through the Club, and taking advantage of Point-earning opportunities provided from time to time by the Club and participating suppliers.
SmartPoints awards expire two (2) years from the date the award is granted. Expiration dates for any grants are displayed on your "My SmartPoints" page in your Club account.
The Club reserves the right to send Members SmartPoints Program system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages") via email.
The Club is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them.
The Club reserves the right to limit SmartPoints Program enrollment at any time.
Terms of Participation
Only individuals 18 years or older and residing in the U.S., Canada, Australia, New Zealand, and Great Britain may participate in the SmartPoints Program.
Corporations or other business entities are not eligible to become Members.
SmartPoints Program membership and its right to use is limited to one individual per SmartPoints Program account.
The Club allows only one email address per Member.
Member agrees to provide only true and accurate information to the Club (including to its advertisers and partners) at all times.
Member agrees to comply with the terms of all SmartPoints Program and SmartPoints Program advertiser and partner offers, promotions, and programs at all times.
Member agrees not to abuse SmartPoints Program privileges by conduct which is detrimental to the interests of the Club, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of SmartPoints Program or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with SmartPoints Program award links, etc.
The Club reserves the right to terminate or disable, at the Club's sole discretion, any SmartPoints Program membership if the Club believes such Member has violated or acted inconsistently with the rules of SmartPoints Program or intent of this Agreement. Member understands and agrees disabling or canceling of membership by either the Club or the Member will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.
The Club shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.
The Club reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of the Club membership.
Points may be spent only on rewards as offered through SmartPoints Program at the time of redemption.
Points have no cash or monetary value, other than that prescribed under this Agreement.
The Club is not responsible for lost or stolen rewards once issued.
Rewards are subject to change at any time without notice at the sole discretion of the Club.
The number of Points required to redeem for a reward are subject to change at any time without notice at the sole discretion of the Club.
Member inquiries regarding rewards ordered and not received must be received by the Club within 6 months after the initial redemption date. Thereafter, the Club will have no obligation to re-send rewards to the Member.
Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the SmartPoints Program system.
Once used to claim a reward, Points will not be reinstated to Member's account.
In conjunction with spending Points for rewards, Member agrees to confirm that all information in Member's personal profile, as shown on the "My Info" page, is up-to-date and accurate.
Member agrees to promptly notify the Club of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the My Profile section of the Club website under My Info
. Member's discontinued participation in SmartPoints Program or failure to notify the Club of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Points.
The Club reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of 6 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (click thru), survey completion, profile update or any Point-earning or spending transaction
The Club reserves the right to limit the opportunities to earn Points available to Member while Member remains inactive.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in SmartPoints Program if and to the extent that such participation is permitted by such laws, rules, and regulations. The Club refuses to enroll Member, or to restrict, modify, or terminate Member's participation in SmartPoints Program, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in SmartPoints Program could violate any law, rule, or regulation.
Disclaimer of Warranties
Member expressly agrees that use of SmartPoints Program is at the Member's sole risk.
SmartPoints Program and all services offered therein are provided on a strictly "as is" and "as available" basis. The Club MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH SMARTPOINTS PROGRAM OR THROUGH SMARTPOINTS PROGRAM ADVERTISERS OR PARTNERS; THAT SMARTPOINTS PROGRAM WILL MEET MEMBERS' REQUIREMENTS; OR THAT SMARTPOINTS PROGRAM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES THE CO-OP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SMARTPOINTS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SMARTPOINTS PROGRAM.
The Club expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Club shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by SmartPoints Program advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from the Club or through SmartPoints Program shall create any warranty not expressly made herein.
Limitation of Liability
THE CO-OP SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN SMARTPOINTS PROGRAM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Club is not responsible for damages or losses that result from participating or inability to participate in SmartPoints Program, or reliance on or use of information, services, or merchandise provided on or through SmartPoints Program.
Member acknowledges and agrees that the Club neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
The Club is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.
In no event shall the Club's liability, either jointly or severally, exceed $0.01.
Participation in Promotions of Advertisers and Merchants
Member's correspondence with or participation in promotions of SmartPoints Program advertisers and partners are solely between corresponding Member and the advertiser or partner. The Club assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to the Club for such crediting of Points. The Club will not be responsible or liable for the delay or failure to credit Points in such event.
AT ANY TIME EITHER MEMBER OR THE CO-OP MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request through the Club website located within the "My Info" page found in the My Profile area on the Club website. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Points after termination.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with SmartPoints Program, Member's only recourse is to immediately discontinue participation in SmartPoints Program and properly terminate his or her membership. (See paragraph above.)
The Club reserves the right to terminate the membership of any Member who appears to be using SmartPoints Program in a manner inconsistent with this Agreement, the intent of this Agreement, or any SmartPoints Program rules.
Member's right to use SmartPoints Program is non-transferable.
Points are non-transferable and are void if transferred.
Member's membership will terminate immediately in the event of Member's death.
Points and/or rewards may not be bartered or sold.
SmartPoints Program accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Proprietary Rights to Content and other Intellectual Property
Member acknowledges that SmartPoints Program content (including but not limited to text, sound, photographs, graphics, or other material contained in any SmartPoints Program communication, advertisements, or messages, whether by the Club or the Club's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by the Club, its advertisers and partners, as the case may be.
Member agrees not to forward any SmartPoints Program offers or promotions to others without first obtaining the express written permission of the Club; SmartPoints Program offers are specific to Member's membership unless otherwise stated.
The Club reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be via a link located on the "My Points" page in the "My Profile" area of the Club website.
Member's non-termination or continued use of SmartPoints Program constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.
The Club reserves the right to modify or discontinue the SmartPoints Program service with or without notice to Member.
The Club shall not be liable to Member or any third party should the Club exercise its right to modify or discontinue the SmartPoints Program service.
Member's continued participation in the Program shall constitute an affirmative acknowledgment by Member of any amendment or modification to this Agreement and Member's consent to abide and be bound by said this Agreement as amended or modified.
All notices given by the Club to you will be given by email or by general posting on the Club website.
Member agrees to indemnify and hold the Club, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of SmartPoints Program or violation of this Agreement.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in jurisdiction chosen by the Club at its sole discretion, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
This Agreement shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.
Member and the Club agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between the Club and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The Club's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Club in writing.