Terms of Service
Excluding federal holidays
PURO REWARDS IS AN AUTOMATICALLY RENEWING MEMBERSHIP SUBSCRIPTION PROGRAM. BPA SALES, LP WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP AT THE END OF EACH BILLING CYCLE AND CHARGE THE THEN-CURRENT RENEWAL FEE TO YOUR DESIGNATED PAYMENT METHOD, UNTIL YOU CANCEL YOUR MEMBERSHIP AT ANY TIME.
BY ENROLLING IN BPA SALES, LP'S PURO REWARDS PROGRAM (‘'PURO REWARDS'' OR THE
“PROGRAM''), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS STATED HEREIN (THE ‘'TERMS'' OR THE “AGREEMENT”).
IMPORTANT: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS ARE
SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER, AS DETAILED IN SECTION 7 OF THESE TERMS. PLEASE READ THESE TERMS CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND ABILITY TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST BPA SALES, LP, ITS AFFILIATES AND RELATED PARTIES.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENROLL IN OR USE THE PROGRAM. BPA SALES, LP RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM AT ANY TIME AND IN ACCORDANCE WITH THESE TERMS
- Online: via the Contact Us link at the top of every page under the tab “Help” within the Website.
- Email: at customerservice@mypurorewards.com
- Phone: 1-800-340-0579 9AM - 6PM ET - Monday - Friday excluding federal holidays
a) Purchases made by you online in accordance with this Section 2 are eligible for loyalty rewards (the ‘'Rewards Network''). To qualify for loyalty rewards, you must access the participating merchants' websites through www.mypurorewards.com (the ‘'Program's Website''), and pay for your online purchase. Purchases you make by going directly to a participating merchant's website do not qualify for loyalty rewards. The Rewards Network is only available via access to the Program's Website.
(b) Subject to the terms and conditions described in this Agreement, you will be credited in the form of an e-gift card an amount equal to ten percent (10%) of the net purchases made by you at the online merchants, vendors, or suppliers participating in the Rewards Network (each, a ‘'Participating Merchant''). The net purchase is defined as the total amount paid to the Participating Merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as is otherwise set forth on the Program's Website with respect to such Participating Merchant, whichever is less.
Purchases made by you from Participating Merchants will be deemed a ‘'Qualified Purchase'' and will be subject to earn loyalty rewards if and only if all of the following criteria are satisfied: (1) ‘'cookies,'' both first and third party (if applicable), must be enabled on your web browser; (2) all potential Qualified Purchases must begin by clicking on the Participating Merchant's link that appears on the Program's Website and being successfully connected to the Participating Merchant's website based upon that click; (3) such purchases do not violate any Participating Merchant specific terms set forth on the landing page for that merchant; and (4) you must have a valid email address registered to your account. The Program's Website may, at all times, route your request to a Participating Merchant site through specific links, in order to assure that the sale can be tracked correctly.
Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. The determination of whether a purchase made through a Participating Merchant is a ‘'Qualified Purchase'' is at the sole discretion of BPA Sales, LP. Loyalty rewards awarded to you hereunder are subject to adjustments for returns, cancellations, and other events. BPA Sales, LP may apply such adjustments to your Program account at any time at its sole discretion. If you disagree with any adjustments made to your Program account, your sole remedy is to withdraw from the Program. Certain Participating Merchants have a list of purchases that are not eligible for accrual or payment of loyalty rewards.
Those restrictions are set forth on the landing page for that Participating Merchant. In addition, prescription medication, monthly deliveries, such as wine-of-the-month clubs and pet foods, gift certificates (with the exception of SpaWish), and purchases that are picked up at a warehouse or a store location will not be deemed a Qualifying Purchase. In addition, loyalty rewards on travel reservations or purchases will accrue solely upon completion of the travel and full payment. In addition, if you place more than ten (10) orders or transactions from a single Participating Merchant in any single calendar day, any items contained in orders placed after the tenth order will not be deemed Qualifying Purchases.
There is a maximum eligible loyalty reward amount (“Rewards Maximum”) of three hundred dollars ($300.00) for all Qualifying Purchases in any calendar month; any orders or transactions made from a Participating Merchant in a calendar month after reaching the Rewards Maximum will not be deemed Qualifying Purchases.
(c) Loyalty rewards for Qualifying Purchases will be awarded to you on a monthly basis in the form of a Cigars International e-gift card and such e-gift card will expire within 90 days from issuance.
(d) Accrued loyalty rewards for Qualifying Purchases will be sent to you via e-mail to the address on file in your member profile. If there is no e-mail on file, we will retain your loyalty rewards until we receive a valid e-mail address from you. It is your responsibility to keep your account information current in order to facilitate your receipt of loyalty rewards. In the event that your information is not current at the time your loyalty rewards would otherwise have been paid to you, we will retain such loyalty rewards in your account until you provide a valid e-mail address. You authorize the Program to receive any account information from any Participating Merchant including, but not limited to, information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, and the email address entered for the Qualified Purchase.
(e) Qualifying Purchases that have not otherwise been automatically tracked can be claimed by completing a transaction claim form via the Program's Website within ninety (90) days following the transaction date.
You agree that you will use the Program only on your own behalf and for the members of your immediate family residing in your household. You will be responsible for all use of your membership number and must notify BPA Sales, LP immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. Merchandise purchased through the Program may not be used for resale. You must be 21 years or older to become a member of the Program.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, (a) BPA SALES, LP AND ITS OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES AND CORPORATE PARENTS, SUBSIDIARIES AND
AFFILIATES, AS WELL AS THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES
(COLLECTIVELY, “AFFILIATES”) SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY
PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY
DEFECTIVE PRODUCTS, PROVIDED TO YOU THROUGH THE PROGRAM. NEITHER BPA SALES,
LP NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT
TO THE BENEFITS OR ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR
PROVIDED TO YOU IN CONNECTION WITH THE PROGRAM, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BPA SALES, LP NOR
ITS AFFILIATES WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE
QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR
SERVICES OFFERED OR PROVIDED BY PARTICIPATING MERCHANTS, OR OTHER MERCHANTS,
VENDORS OR SUPPLIERS (COLLECTIVELY, «VENDORS»). NEITHER BPA SALES, LP NOR ITS
AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR
INCIDENTAL, IN CONNECTION WITH THE DELIVERY OF THE BENEFITS OR THE PERFORMANCE
OF THE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE, OR ATTEMPTED USE OF
THE BENEFITS OR ANY PRODUCTS OR SERVICES. IN NO EVENT SHALL BPA SALES, LP AND
ITS AFFILIATES' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF THE PROGRAM
MEMBERSHIP FEE PAID BY YOU TOBPA SALES, LP. BPA SALES, LP AND ITS AFFILIATES SHALL
HAVE NO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY
CAUSE BEYOND THEIR CONTROL, INCLUDING DELAYS DUE TO THIRD PARTIES' ACTIONS OR
OMISSIONS.
(b) All Vendors operate independently of, and are not under the control of, the Program in any way. The Program may provide an index page or other description on the Program's Website of certain Vendor's terms which is for convenience only. Neither BPA Sales, LP nor its Affiliates shall be responsible for changes to, or discontinuance of, any special offer or coupon code. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed or are not listed on a Vendor's landing page, we cannot guarantee that you will be eligible to receive a discount and/or loyalty rewards on your purchases. You understand that neither BPA Sales, LP nor its Affiliates operate or control the products or services offered by Vendors, promotional partners or other third parties. Thirdparty websites and online merchants accessed through the Program are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. BPA Sales, LP ‘s sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you all necessary travel documents for travel reservations made by you, through the Program. BPA Sales, LP is not a party to the transactions entered into between you and any Vendor with which you choose to do business. If you buy products or services from any Vendor, you become a customer of such Vendor and therefore must direct any comments, complaints or inquiries regarding your purchases to such Vendor, and not to BPA Sales, LP. All rules, policies (including privacy policies) and operating procedures of those Vendors will apply to you while you are using those Vendors' websites or local store locations. No reference to a third-party product or service indicates an endorsement by the Program or BPA Sales, LP. BPA Sales, LP reserves the right to eliminate merchants, including Participating Merchants and Vendors, as participants in the Program. Program members can locate Vendors online at www.mypurorewards.com. BPA Sales, LP is not responsible for any refund to you or any effect on accrual of loyalty rewards due to Vendor closure, discontinuance as a participant in the Program, or restrictions in the event their products or services are no longer available to you.
(c) You agree that any claim with regard to services or products shall be made against the Vendor of such services or products, as applicable, and not BPA Sales, LP. BPA Sales, LP ‘s sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you all necessary travel documents.
(d) BPA Sales, LP and its Affiliates assume no responsibility or liability in connection with the service of any train, vessel, carriage, aircraft, motor vehicle, or other conveyance (collectively, ‘'Vehicle'') which may be used, either wholly or in part, in connection with the services ordered, nor will any of them be responsible for any act, error, or omission, or for any injury, loss, accident, delay, or irregularity, which may be occasioned by reason of any defect in any Vehicle, or through the neglect of any person engaged in carrying out the purpose for which tickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administration and staff. BPA Sales, LP and its Affiliates shall have no liability in the event any itinerary or arrangements are altered by a Vendor. Any information provided by BPA Sales, LP to you is subject to change without notice. All services ordered are subject to the availability of such services from the applicable Vendor.
(e) The terms of this Section 4 shall survive any termination, cancellation, or expiration of these Terms.
PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY
THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION
OF THIS AGREEMENT BY YOU, OR THE INFRINGEMENT BY YOU OR ANY OTHER USER OF
THE PROGRAM USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT
OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE,
HARASSING, OR OFFENSIVE MATERIAL CONTAINED IN ANY COMMUNICATION SENT BY YOU OR
ANY OTHER USER OF THE PROGRAM USING YOUR ACCOUNT.
that this arbitration agreement include any Claims by you against BPA Sales, LP and its Affiliates. Our Vendors, suppliers and service providers of the Program (the “Related Parties”) are intended third-party beneficiaries of this Section 7.
You agree that, by entering into this Agreement, you and BPA Sales, LP (including the Related
Parties) are each waiving the right to a trial by jury or to participate in a class, collective,
consolidated, or representative action or proceeding.
At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for arbitration fees and costs due under the AAA Consumer Rules in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim, except that the arbitrator may award public injunctive relief if you are a resident of California. For more information, including how to file a Claim and access the AAA Consumer rules, visit www.adr.org/consumer or call 800-778-7879. At your election, arbitration will take place in the county or parish of your residence, as determined by your
contact information on file with BPA Sales, LP, or by video or telephonically.
YOU AGREE THAT ANY LEGAL PROCEEDING BETWEEN YOU, ON THE ONE HAND, AND BPA
SALES, LP AND/OR ANY RELATED PARTY, ON THE OTHER HAND, WILL BE CONDUCTED
SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR
REPRESENTATIVE ACTION OR PROCEEDING (HEREINAFTER “CLASS ACTION”). YOU, ON THE
ONE HAND, AND BPA SALES, LP, INCLUDING THE RELATED PARTIES, ON THE OTHER, AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.
YOU AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH A CLASS ACTION TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The parties agree to the Rules of the AAA's Mass Arbitration Supplementary Rules if more than 25 substantially similar cases are pending at the same time. Further, unless both you and BPA Sales, LP agree otherwise, the arbitrator may not consolidate more than one person's Claims and may not otherwise preside over any form of a representative or class proceeding or any coordinated “mass arbitration” effort.
If any provision of this Section 7 is found to be invalid or unenforceable, the court shall have the authority to modify such provision to the minimum extent necessary to make it valid and enforceable consistent with the original intent of the parties. If the entirety of the arbitration provision in this Section 7 is found to be invalid or unenforceable, then, with the exception of any individual action in small claims court, you irrevocably consent to the exclusive jurisdiction of the state and federal courts for Northampton County, Pennsylvania and waive any objections to personal jurisdiction or venue in such courts.
As referenced above, either party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (‘'FAA''). Judgment upon any arbitration award may be entered in any court having jurisdiction. Any arbitration proceeding otherwise will be governed by Section 6 (Governing Law).
The terms of this Section 7 shall survive any termination, cancellation, or expiration of this Agreement.
Your membership fee is charged following the expiration of the trial period. If you cancel during your membership, you will owe nothing further; however, you will remain liable for any fees, purchases, or charges incurred pursuant to this Agreement. (b) If BPA Sales, LP determines it is unable to bill the membership fee due hereunder to your designated billing source, BPA Sales, LP shall have the right to terminate this Agreement in which event you will no longer have access to any of the Program benefits. In addition to BPA Sales, LP ‘s termination rights set forth above, BPA Sales, LP may elect in its sole discretion to keep this Agreement in effect but suspend your access to all of the Program benefits, until such time (if any) as BPA Sales, LP is able to bill the membership fee due hereunder to your designated
payment billing source.
You agree that fourteen (14) days after notice is provided, any amendment or modification shall become effective and automatically incorporated into the Agreement.
You may opt out of any proposed amendment or modification by terminating your membership prior to the effective date of such proposed amendment. After the effective date of any amendment or modification, your continued participation in the Program, including maintenance of your membership, acceptance of Program benefits, or other access or use of the Program constitutes acceptance of the amended Agreement.
BPA Sales, LP reserves the right to cancel your membership for any reason, including if you do not agree to an amendment or modification, and will refund to you the then current term's membership fee unless the reason for such termination is your failure to pay or your misuse of the Program in which event no such refund will be made to you. (b) BPA Sales, LP reserves the right at any time to modify, discontinue or terminate, temporarily or permanently, the Program and/or the Program's Website (or any part thereof) without prior notice to you. If BPA Sales, LP modifies, discontinues or terminates the Program or the Program Website, BPA Sales, LP and its Affiliates will not be liable to you or any third party for such modification, discontinuance, or termination.
You also agree to not interfere with the servers or networks connected to the Program's Website or to disobey any requirements, procedures, policies or regulations of networks connected to the Program's Website.
ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE PROGRAM'S WEBSITE OR TO
UNDERMINE THE LEGITIMATE OPERATION OF SUCH SITE IS A VIOLATION OF CRIMINAL AND
CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, BPA SALES, LP RESERVES THE RIGHT TO SEEK
REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW,
INCLUDING CRIMINAL PROSECUTION.
BPA Sales, LP assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your electronic device, equipment or other property due to your access to, use of, or browsing in the Program's Website or your downloading of any materials, data, text, images, video or audio from such site.
(b) BPA SALES, LP MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PROGRAM
OR THE CONDITION OR FITNESS OF THE BENEFITS PROVIDED. BPA SALES, LP MAKES NO
WARRANTY THAT THE FUNCTIONS OF THE PROGRAM'S WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE OR THAT ANY ERRORS ON SUCH SITE WILL BE CORRECTED.
BPA SALES, LP ASSUMES NO RESPONSIBILITY FOR (I) ANY PROBLEMS RELATING TO
TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, ON-LINE
SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (II) FAILURE OF
ANY EMAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF
THE INTERNET, BPA SALES, LP SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (III) ANY
INJURY OR DAMAGE TO USERS' COMPUTERS OR ANY OTHER ELECTRONIC DEVICE RESULTING
FROM DOWNLOADING ANY MATERIALS RELATING TO THE PROGRAM'S WEBSITE.
(c) BPA Sales, LP's liability hereunder shall be limited to the membership fees paid by you for the
Program in the preceding twelve months. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, BPA Sales, LP shall not be liable for punitive, special, indirect, incidental or consequential damages related to this Agreement.
relating to your use of the Program. Your continued enrollment in the Program will constitute your consent to amendments to this Agreement.
You may contact BPA Sales, LP at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact BPA Sales, LP at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. BPA Sales, LP reserves the right to terminate your use of the Program if you decline or withdraw your consent to receive electronic communications from BPA Sales, LP.
To access and use the Program, including accessing electronic communication from BPA Sales, LP you must have: (i) a computer, tablet, or smartphone with up‑to‑date operating software; (ii) reliable internet access; (iii) a valid email address; and (iv) a current web browser. To retain copies of electronic communications, you may either print them using a connected printer or save them electronically to your device or another secure storage location.
If you are not satisfied with the initial response you have received, your complaint will be escalated to a Customer Care Advisor by the Customer Service team, who will aim to resolve your complaint as soon as practicable.
THIS INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER AFFECTS HOW ANY DISPUTE OF WHATEVER NATURE ARISING BETWEEN YOU, ON THE ONE HAND, AND TRILEGIANT AND/OR THE RELATED PARTIES, ON THE OTHER, SHALL BE RESOLVED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF DISPUTES IN A TIMELY, EFFICIENT, AND COST-EFFECTIVE MANNER, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OR ANY COURT.
(a) This Arbitration Provision is a separate and distinct agreement. You and Trilegiant (each, together with, as applicable, each of the Related Parties (as defined below), a “Party” and collectively, the “Parties”) understand and agree that this Arbitration Provision operates as a separate and distinct agreement between the Parties that is severable from the remainder or the Agreement and is enforceable regardless of the enforceability of any other provision of the Agreement. The Parties further understand and agree that the unenforceability of the Agreement in whole or in part shall not support a finding that this Arbitration Provision is unenforceable. Consideration for this Arbitration Provision includes, without limitation, the Parties' mutual agreement to arbitrate any claims or disputes.
(b) It is the Parties' intent that this Arbitration Provision be construed broadly. This Arbitration Provision shall apply to any claim, including but not limited to those arising out of or relating to the Agreement or the breach thereof, by the Parties and any and all claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise (“Claims”). Although this Agreement is made and entered into between you and Trilegiant, you understand and agree that Trilegiant's corporate affiliates, vendors owners, members, managers, directors, agents, and employees (the “Related Parties”) are intended third-party beneficiaries of the Agreement for purposes of the provisions of the Agreement referring specifically to them, including but not limited to this Arbitration Provision.
Claims subject to arbitration include, without limitation, disputes about the formation, interpretation, scope, applicability, or enforceability of the Agreement. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Provision or to the arbitrability of any Claim. However, the Parties may pursue a Claim in small claims court consistent with the jurisdictional limits of such court.
(c) The Parties agree that any Claim shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration will be administered under AAA's Consumer Arbitration Rules (the “Rules”), as modified by the version of this Arbitration Provision that is in effect when you notify us about your Claim. In the case of any conflict between this Arbitration Provision and the Rules, this Provision shall control.
(d) You agree that, by entering into this Agreement, you and Trilegiant are each waiving the right to a trial by jury or to participate in a class action. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY'S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES' CLAIMS ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS AND, ACCORDINLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION PROCEEDING.
TO THE EXTENT THAT WAIVER OF THE RIGHT TO HAVE ANY CLAIM OR COUNTERCLAIM HEARD ON A REPRESENTATIVE BASIS IS NOT PERMITTED BY LAW, THE PARTIES AGREE THAT SUCH CLAIMS SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION. THE PARTIES FURTHER AGREE THAT IF SUCH A STAY IS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE GOVERNING LAW PROVISION FOUND IN SECTION 16.
The arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's individual Claim, except that the arbitrator may award public injunctive relief if you are a resident of California.
(e) You have the right to opt out of arbitration. IF YOU DO NOT WISH TO ARBITRATE CLAIMS, YOU MAY NOTIFY US WITHIN 30 DAYS OF FIRST ACCEPTING THE TERMS OF THIS AGREEMENT. If you timely decline to have your Claims arbitrated, neither Party can force the other to arbitrate, and neither you nor Trilegiant will be bound by the terms of this Arbitration Provision. You may notify us of your decision to opt out by providing a written notification to Trilegiant either (i) by email to service@mypurorewards.com or (ii) by U.S. mail to Puro Rewards PO Box 6175, Westerville, OH 43086-6175. Any such written notification must include your name, member number and a clear statement that you do not wish to resolve disputes with us through arbitration. Any opt-outs submitted after the relevant 30-day period will not be effective and all Claims between you and Trilegiant shall be arbitrated. Trilegiant reserves the right to terminate the Agreement of any Member who chooses to opt out of this Arbitration Provision.
(f) Information about filing an arbitration can be found on the AAA website. For more information, including how to file a Claim and access the Rules, you may visit www.adr.org/consumer or call 800-778-7879. At your election, arbitration will take place in the county or parish of your residence, as determined by your contact information on file with Trilegiant, or by video or telephonically.
(g) The Parties agree to specific arbitration procedures. Notwithstanding the Rules, the following will apply to all arbitration actions:
(i) The Parties agree that time is of the essence.
(ii) The arbitration will be conducted in English (with appropriate translators as may be necessary).
(iii) The Federal Rules of Evidence will apply in all cases.
(iv) The Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
(v) The Parties will be allotted equal time to present their respective cases, including cross-examinations.
(vi) The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of law, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with Section A (16) of the Agreement. Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.
(vii) The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly require otherwise.
Notwithstanding the Rules, certain procedures will apply depending on the amount in controversy. For Claims in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual agreement of the Parties to the contrary:
(viii) The arbitration will occur within 180 days from the date on which the arbitrator is appointed, and the final hearing will last no more than five business days.
(ix) There will be one arbitrator selected from the roster of AAA neutrals, using the Rules for arbitrator selection.
(x) The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by AAA to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between parties, but in no event shall the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.
For controversies and claims in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual agreement of the Parties to the contrary
(xi) There will be three arbitrators selected from the roster of JAMS neutrals, using the JAMS rules for arbitrator selection.
(xii) The Parties will be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
(xiii) The Parties will be entitled to appeal any arbitration award to an Appeal Panel under the AAA-ICDR Optional Appellate Arbitration Rules. The Parties agree to request oral argument for any appeal filed under the Optional Appellate Arbitration Rules.
(h) The Parties agree to bellwether arbitration procedures if more than 10 substantially similar cases are pending at the same time. Notwithstanding any provision of the Rules or the AAA's Mass Arbitration Supplementary Rules, these bellwether procedures shall be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations of fact or law. Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not AAA or an arbitrator, shall resolve any dispute over whether these bellwether procedures apply to any group of Claims.
The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases' merit or lack of merit. The Parties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases. The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary's experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves.
The Parties thus agree that, to the maximum extent permitted by law, no more than 10 cases/arbitrations will be active at any one time. All remaining cases will be stayed, with the statute of limitations tolled. The Parties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Claim may be delayed. Unless the Claim resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) shall render their final and binding decision in any Claim subject to these bellwether procedures within 180 days of the initial pre-hearing conference.
As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration shall replace it on the list of 10 active cases/arbitrations. Except as provided below, cases shall be placed on or moved to the active list in the order in which demands for arbitration are first received. Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case shall be refunded, and no Party shall have any obligation to pay any AAA or arbitrator fees.
If you will experience exceptional hardship from any delay pursuant to this bellwether procedure, you may petition Trilegiant to waive the 10-case limit for your case. If Trilegiant does not agree, you may petition AAA to place the case/arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship. If AAA finds exceptional hardship and grants the petition, AAA shall (based on its determination of relative hardship) remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases. Under no circumstances shall AAA place more than 10 cases/arbitrations into active status. If more than 10 hardship applications are granted, AAA shall determine which 10 cases/arbitrations shall proceed first, based on its determination of relative hardship.
(i) You may request financial help with prohibitive arbitration fees. If the arbitrator finds that the costs and fees of an arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive, regardless of the outcome of the arbitration. However, if the arbitrator finds that your Claim was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you shall reimburse Trilegiant for any fees and costs that were advanced by us on your behalf. You may hire an attorney to represent you in arbitration, but you are responsible for your attorneys' fees and expenses. You may only recover your attorneys' fees and expenses in the arbitration if (i) the arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case or (ii) the arbitrator finds that any Claim we bring against you was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding anything in this Arbitration Provision to the contrary, Trilegiant will pay all fees and expenses that we are required by law to pay.
(j) This Arbitration Provision shall be governed by the Federal Arbitration Act and the Governing Law. The Parties to this Agreement acknowledge that this Arbitration Provision is entered into pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Judgment upon any arbitration award may be entered in any court of competent jurisdiction. Any arbitration proceeding will otherwise be governed by the Governing Law (Section A (16)).
(k) Any modifications to this Arbitration Provision are ineffective without your consent. Notwithstanding anything to the contrary in the Agreement, any amendment by Trilegiant to this Arbitration Provision shall take effect only upon your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment. Trilegiant may terminate the Agreement of any Member who does not agree to a proposed amendment to this Arbitration Provision within thirty (30) days after notice of the amendment is provided. Any such amendment shall apply to all Claims brought by the Parties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such Claims.
(l) Invalid provisions of this Arbitration Provision may be severed. If any provision of this Arbitration Provision, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Arbitration Provision will remain in full force and effect.
EACH PARTY REPRESENTS THAT IT HAS REVIEWED THIS WAIVER AND KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A JURY TRIAL.
(b) Members must claim the Welcome Reward within 90 days of joining the Puro Rewards Program. After this 90-day period, the Welcome Reward is no longer available.
(c) Members may be eligible for Welcome Rewards (i) on the purchase you made prior to joining the Puro Rewards Program, or (ii) on the next purchase you make with the Retailer that you joined the Program made through the Website.
Welcome Rewards eligible on next purchases made with the Retailer must be made through the Website, so we are able to track your purchase. If for any reason the purchase is not tracked, you will need to upload your purchase confirmation receipt onto the “Earnings” page of the Website. Make sure your order confirmation number, order date, name, and if applicable, shipping fees are visible on your receipt. If you wish to email the purchase confirmation receipt, please ensure your email is no larger than 500 KB in size and send it to welcomereward@mypurorewards.com.
Please see Section B (27)(d)(i) and (ii) below to learn more about how to claim your Welcome Reward.
The terms and conditions relating to your Welcome Reward can be found on the “Earnings” page on the Website and in your Membership Pack.
(d) To claim your Welcome Reward:
(i) If you used a Mastercard or Visa card to join the Puro Rewards Program, you need to click the “Claim Now” button on your “Earnings page”.
(ii) For all other payment cards, you must go to the "Earnings" page, register a bank account and click the “Claim Now” button.
(e) The Welcome Reward can only be claimed against purchases made by you, for your personal use only, after you enroll onto the Puro Rewards Program.
(f) The Welcome Reward may be claimed by Members even if they choose to cancel prior to the end of the 90-day period referenced in Section B (27)(b) above. If a Member no longer has access to their profile as a result of the cancellation, they will need to send their purchase confirmation receipt to welcomereward@mypurorewards.com, who will direct you to the relevant department to provide your bank details (please do not provide your payment card details).
(g) The Welcome Reward can only be claimed with a unique order. The same order cannot be used to claim the Monthly Bonus as well.
(h) This Welcome Reward is a fixed amount and is not transferable.
(i) The Welcome Reward offer, disbursed to the Member's Billing Device, is available only to Members who received the offer upon subscription and who are also holders of a Visa or Mastercard card, provided that the Member has opted to receive payment to such card on the “Payment” page. The Welcome Reward can only be disbursed to the Billing Device that the Member registered with Trilegiant when the Member joined the Program and cannot be paid to any subsequent Billing Device. The disbursement of the Welcome Reward to the Member's Billing Device only applies to the Welcome Reward and does not apply to disbursement of the Monthly Bonus or back. Trilegiant reserves the right to disburse the Welcome Reward to the Member's bank account that the Member has registered with Trilegiant if Trilegiant is unable to process the disbursement of the Welcome Reward to the Member's Billing Device. The Member will need to request the transfer of their Welcome Reward to their registered bank account, within the “Payment” page.
(a) As a Member of the Puro Rewards Program, you are entitled to claim a monthly reward (“Monthly Bonus”) after an online purchase you make through the Website, from the Retailer you joined the Program through or as otherwise set out in the Membership Pack that we emailed you when you joined our Program (and set out in the Monthly Bonus Claim Form you can access through the “Earnings” page on the Website).
(b) You can claim your Monthly Bonus once in any given calendar month for as long as your Membership remains active, provided you have followed the steps in this Section B (28)(b) In order to claim you must:
- Make an online purchase through the Website in the relevant month, with the Retailer you joined through, or as otherwise outlined in your Membership Pack. You must click the “Claim Now” button under the “Earnings” page, before the end of the month, for it to be added to your “Amount Available ". You will then need to click the “Transfer” button under your “Amount Available ”, to make a transfer to your designated bank account, Any Monthly Bonus in your “Earnings” page that has not yet been added to your “Amount Available ” at the end of the relevant month will be forfeited.
- If the purchase for any reason is not tracked, you will need to upload your purchase confirmation receipt via the “Earnings” page within 30 days of making your purchase. Your purchase confirmation receipt must include your order confirmation number and purchase date, as well as the total amount for shipping fees and be uploaded, in the accepted format (PDF, JPG, PNG or GIF) which does not exceed the size of 20MB, within 30 days of making your purchase:
If you wish to send us your purchase confirmation receipt by email, please send to monthlybonus@mypurorewards.com, including your name, membership number and specify you are claiming the Monthly Bonus. The above criteria for confirmation receipts, must also be met. Please also ensure your receipt is no larger than 20MB in size and is in PDF, JPG, PNG or GIF format.
(c) Items purchased must be for personal use only.
(d) The Monthly Bonus can only be claimed against Items purchased by the Member while the Membership is active.
(e) The Monthly Bonus can only be claimed against purchases made within the month for which the Monthly Bonus is claimed.
(f) You may not use the same purchase confirmation receipt you used to claim your Welcome Reward, to also claim your Monthly Bonus.
(g) The Monthly Bonus is a fixed amount and is not transferable.
(i) you must enable “Cookies” both first and third party (if applicable), on your Web browser
(ii) all potential Qualifying Purchases must begin by first clicking on the Retailer's link which appears on the Website and then successfully connecting to the Retailer's website based upon that click; and
(iii) all potential Qualifying Purchases do not violate any Retailer specific terms set out on the Retailer's landing page (“Special Terms”) or this Agreement. Trilegiant may, at all times, route your request for a Retailer website through specific links, so your purchase can be tracked correctly. Any alteration of these links will invalidate your purchase, which will not be deemed a Qualifying Purchase.
(i) For online purchases, fill in the Transactions Claim Form https://mypurorewards.com/account/overview/ within ninety (90) days of making the Qualifying Purchase.
(b) For travel reservations, fill in the Transactions Claim Form https://mypurorewards.com/account/overview/ within ninety (90) days from the end of your trip.
If we need to validate your purchase, we will ask for a copy of your purchase confirmation receipt which must contain the following information: your name, address, date of purchase, type of payment used and amount.
(i) to agents of Trilegiant or its retailers, such as independent auditors, consultants, or lawyers;
(ii) to comply with government-agency or court orders or requests;
(iii) in providing aggregated and non-personalized marketing services for an advertising partner or Retailer; or
(iv) where it is necessary to facilitate the claiming and receiving of your back.