Common use of Other Important Information You Should Know Clause in Contracts

Other Important Information You Should Know. Miles are not your property and have no cash value. Additionally, Xxxxx cannot be transferred by operation of law such as by inheritance, in bankruptcy, or in connection with a divorce. Cardless and LATAM reserve the right, in their sole discretion, to suspend, cancel, or modify the Program at any time and for any reason and without prior notice. Administrative services may be provided by third-party service providers. Cardless and LATAM reserve the right, in their sole discretion, to add, delete, change, or revise this Agreement, including, but not limited to, revising or adding qualifications for participation in the Program, Program features, or Program procedures; the imposition or discontinuance of special promotions or offers, additions, deletions, or revisions of rewards offered; revisions of the amount of Miles required for redemption of benefits; revisions of caps; limitations, or expiration periods; revisions to disqualifying events; or the imposition of new, revised, or additional Program terms and conditions. We may temporarily or permanently disqualify you from participating in the Program and/or adjust or cause to be forfeited any or all Miles accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, or any other violation of any of the terms or conditions set forth herein, in each case as determined by us and LATAM in their sole discretion. Discrepancies about Xxxxx earnings are not treated as credit card billing disputes. Neither we nor LATAM nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be liable to you for any action or inaction any of them take or fail to take with respect to the Program or any changes in these terms and conditions. Awarding of Miles may qualify as taxable income to you. When laws require us to do so, we may report the Miles earned as income to the Internal Revenue Service, as well as state and local tax authorities. By using this Program, you are responsible for paying any federal, state, or local taxes you owe, or other connected fees or gratuities. Should we be required to report taxes, tax reporting, if any, will be made to the tax ID number of the Card account holder, based on our records. The LATAM Pass Rewards Program is owned by LATAM and is subject to all applicable laws and regulations. Cardless and LATAM operate this Program. You must be an individual and must participate in the Program for lawful personal, family, or household purposes, and not for any business, commercial, or investment purpose. The accrual and/or redemption of Miles is void where prohibited by law. You agree that Cardless and LATAM are not liable for following instructions of anyone claiming to be you. You agree to indemnify and hold LATAM, Cardless, and our third-party service providers and each of such party’s respective affiliates, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: (i) participation in the Program; (ii) any fraud or misuse of the Program; (iii) violation of this Agreement; and/or (iv) violation of any applicable law or the rights of any third-party. To the maximum extent permitted by law, neither LATAM, Cardless nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which you may suffer by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of LATAM, Cardless, or any Program supplier, including each of such party’s respective employees, officers, affiliates, or agents, or any other third-party. In no event shall LATAM, Cardless, or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including, without limitation, lost revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or omissions of LATAM, Cardless, or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or our administration, or that result from the use of or inability to use the Program, even if LATAM or Cardless have been made aware of the possibility of such damages. Neither LATAM, Cardless, nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be responsible for any damage, loss or expense of any nature resulting from the usage of any redemption, defects in any redemption, or from any cancellation irregularity or mishap affecting the redemption received through the Program. In addition, LATAM and Cardless make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Miles. IN NO EVENT SHALL LATAM, CARDLESS, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER. You agree to notify us promptly upon the receipt of your Account statement of any errors relating to the earning of Miles but in no event later than sixty (60) days after the date of the transaction. We reserve the right (but are not required) to correct inaccurate values represented in your Account and to adjust Miles values at our sole discretion. If we do not credit, or if we improperly deny, a Miles transfer to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Miles redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. All trademarks, service marks, and trade names used by Cardless and LATAM in this Program are property of their respective owners. No use of these may be made without the prior written authorization of Cardless or LATAM, as applicable. This Agreement constitutes the entire agreement between you, LATAM, and us with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement or the LATAM Pass program. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between you and a merchant relating to a transaction or goods or services. Any claim or dispute arising from or relating to this Agreement or to the Program will be governed by and construed in accordance with California law (without regard to its conflicts of law principles) and, as applicable, federal law.

Appears in 2 contracts

Samples: public-agreements.s3.us-east-2.amazonaws.com, s3-sa-east-1.amazonaws.com

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Other Important Information You Should Know. Miles Miles, Upgrade Coupons, and Lounge Passes are not your property and have no cash value. Additionally, Xxxxx Miles, Upgrade Coupons, and Lounge Passes cannot be transferred by operation of law such as by inheritance, in bankruptcy, or in connection with a divorce. We may share your email address with Mastercard in connection with the Mastercard World Elite program. Cardless and LATAM reserve the right, in their sole discretion, to suspend, cancel, or modify the Program at any time and for any reason and without prior notice. Administrative services may be provided by third-party service providers. Cardless and LATAM reserve the right, in their sole discretion, to add, delete, change, or revise this Agreement, including, but not limited to, revising or adding qualifications for participation in the Program, Program features, or Program procedures; the imposition or discontinuance of special promotions or offers, additions, deletions, or revisions of rewards offered; revisions of the amount of Miles required for redemption of benefits; revisions of caps; limitations, or expiration periods; revisions to disqualifying events; or the imposition of new, revised, or additional Program terms and conditions. We may temporarily or permanently disqualify you from participating in the Program and/or adjust or cause to be forfeited any or all Miles accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, or any other violation of any of the terms or conditions set forth herein, in each case as determined by us and LATAM in their sole discretion. Discrepancies about Xxxxx earnings are not treated as credit card billing disputes. Neither we nor LATAM nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be liable to you for any action or inaction any of them take or fail to take with respect to the Program or any changes in these terms and conditions. Awarding of Miles may qualify as taxable income to you. When laws require us to do so, we may report the Miles earned as income to the Internal Revenue Service, as well as state and local tax authorities. By using this Program, you are responsible for paying any federal, state, or local taxes you owe, or other connected fees or gratuities. Should we be required to report taxes, tax reporting, if any, will be made to the tax ID number of the Card account holder, based on our records. The LATAM Pass Rewards Program is owned by LATAM and is subject to all applicable laws and regulations. Cardless and LATAM operate this Program. You must be an individual and must participate in the Program for lawful personal, family, or household purposes, and not for any business, commercial, or investment purpose. The accrual and/or redemption of Miles is void where prohibited by law. You agree that Cardless and LATAM are not liable for following instructions of anyone claiming to be you. You agree to indemnify and hold LATAM, Cardless, and our third-party service providers and each of such party’s respective affiliates, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: (i) participation in the Program; (ii) any fraud or misuse of the Program; (iii) violation of this Agreement; and/or (iv) violation of any applicable law or the rights of any third-party. To the maximum extent permitted by law, neither LATAM, Cardless nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which you may suffer by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of LATAM, Cardless, or any Program supplier, including each of such party’s respective employees, officers, affiliates, or agents, or any other third-party. In no event shall LATAM, Cardless, or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including, without limitation, lost revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or omissions of LATAM, Cardless, or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or our administration, or that result from the use of or inability to use the Program, even if LATAM or Cardless have been made aware of the possibility of such damages. Neither LATAM, Cardless, nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be responsible for any damage, loss or expense of any nature resulting from the usage of any redemption, defects in any redemption, or from any cancellation irregularity or mishap affecting the redemption received through the Program. In addition, LATAM and Cardless make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Miles. IN NO EVENT SHALL LATAM, CARDLESS, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER. You agree to notify us promptly upon the receipt of your Account statement of any errors relating to the earning of Miles but in no event later than sixty (60) days after the date of the transaction. We reserve the right (but are not required) to correct inaccurate values represented in your Account and to adjust Miles values at our sole discretion. If we do not credit, or if we improperly deny, a Miles transfer to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Miles redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. All trademarks, service marks, and trade names used by Cardless and LATAM in this Program are property of their respective owners. No use of these may be made without the prior written authorization of Cardless or LATAM, as applicable. This Agreement constitutes the entire agreement between you, LATAM, and us with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement or the LATAM Pass program. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between you and a merchant relating to a transaction or goods or services. Any claim or dispute arising from or relating to this Agreement or to the Program will be governed by and construed in accordance with California law (without regard to its conflicts of law principles) and, as applicable, federal law.

Appears in 2 contracts

Samples: public-agreements.s3.us-east-2.amazonaws.com, s3-sa-east-1.amazonaws.com

Other Important Information You Should Know. Miles and other lifemiles benefits are not your property and have no cash value. Additionally, Xxxxx Miles and other benefits cannot be transferred by operation of law such as by inheritance, in bankruptcy, or in connection with a divorce. Cardless and LATAM lifemiles reserve the right, in their sole discretion, to suspend, cancel, or modify the Program at any time and for any reason and without prior notice. Administrative In addition, administrative services may be provided by third-party service providers. Cardless and LATAM lifemiles reserve the right, in their sole discretion, to add, delete, change, or revise this Agreement, including, but not limited to, revising or adding qualifications for participation in the Program, Program features, or Program procedures; the imposition or discontinuance of special promotions or offers, additions, deletions, or revisions of rewards offered; revisions of the amount of Miles required for redemption of benefits; revisions of caps; limitations, or expiration periods; revisions to disqualifying events; or the imposition of new, revised, or additional Program terms and conditions. We may temporarily or permanently disqualify you from participating in the Program and/or adjust or cause to be forfeited any or all Miles accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, or any other violation of any of the terms or conditions set forth herein, in each case as determined by us and LATAM lifemiles in their sole discretion. Discrepancies about Xxxxx earnings are not treated as credit card billing disputes. Neither we nor LATAM lifemiles nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be liable to you for any action or inaction any of them take or fail to take with respect to the Program or any changes in these terms and conditions. Awarding of Miles may qualify as taxable income to you. When laws require us to do so, we may report the Miles earned as income to the Internal Revenue Service, as well as state and local tax authorities. By using this Program, you are responsible for paying any federal, state, or local taxes you owe, or other connected fees or gratuities. Should we be required to report taxes, tax reporting, if any, will be made to the tax ID number of the Card account Account holder, based on our records. The LATAM Pass Rewards LifeMiles Program is owned by LATAM lifemiles and is subject to all applicable laws and regulations. Cardless and LATAM lifemiles operate this Program. You must be an individual and must participate in the Program for lawful personal, family, or household purposes, and not for any business, commercial, or investment purpose. The accrual and/or redemption of Miles is void where prohibited by law. You agree that Cardless and LATAM lifemiles are not liable for following instructions of anyone claiming to be you. You agree to indemnify and hold LATAMlifemiles, Cardless, and our third-party service providers and each of such party’s respective affiliates, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: (i) participation in the Program; (ii) any fraud or misuse of the Program; (iii) violation of this Agreement; and/or (iv) violation of any applicable law or the rights of any third-party. To the maximum extent permitted by law, neither LATAM, Cardless nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which you may suffer by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of LATAM, Cardless, or any Program supplier, including each of such party’s respective employees, officers, affiliates, or agents, or any other third-party. In no event shall LATAM, Cardless, or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including, without limitation, lost revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or omissions of LATAM, Cardless, or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or our administration, or that result from the use of or inability to use the Program, even if LATAM or Cardless have been made aware of the possibility of such damages. Neither LATAM, Cardless, nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be responsible for any damage, loss or expense of any nature resulting from the usage of any redemption, defects in any redemption, or from any cancellation irregularity or mishap affecting the redemption received through the Program. In addition, LATAM and Cardless make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Miles. IN NO EVENT SHALL LATAM, CARDLESS, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER. You agree to notify us promptly upon the receipt of your Account statement of any errors relating to the earning of Miles but in no event later than sixty (60) days after the date of the transaction. We reserve the right (but are not required) to correct inaccurate values represented in your Account and to adjust Miles values at our sole discretion. If we do not credit, or if we improperly deny, a Miles transfer to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Miles redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. All trademarks, service marks, and trade names used by Cardless and LATAM in this Program are property of their respective owners. No use of these may be made without the prior written authorization of Cardless or LATAM, as applicable. This Agreement constitutes the entire agreement between you, LATAM, and us with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement or the LATAM Pass program. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between you and a merchant relating to a transaction or goods or services. Any claim or dispute arising from or relating to this Agreement or to the Program will be governed by and construed in accordance with California law (without regard to its conflicts of law principles) and, as applicable, federal law.:

Appears in 2 contracts

Samples: Rewards Program Agreement, Rewards Program Agreement

Other Important Information You Should Know. Miles Miles, Status Miles, and Lounge Passes are not your property and have no cash value. Additionally, Xxxxx Miles, Status Miles, and Lounge Passes cannot be transferred by operation of law such as by inheritance, in bankruptcy, or in connection with a divorce. Cardless and LATAM TAP reserve the right, in their sole discretion, to suspend, cancel, or modify the Program at any time and for any reason and without prior notice. Administrative services may be provided by third-party service providers. Cardless and LATAM TAP reserve the right, in their sole discretion, to add, delete, change, or revise this Agreement, including, but not limited to, revising or adding qualifications for participation in the Program, Program features, or Program procedures; the imposition or discontinuance of special promotions or offers, additions, deletions, or revisions of rewards offered; revisions of the amount of Miles required for redemption of benefits; revisions of caps; limitations, or expiration periods; revisions to disqualifying events; or the imposition of new, revised, or additional Program terms and conditions. We may temporarily or permanently disqualify you from participating in the Program and/or adjust or cause to be forfeited any or all Miles accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, or any other violation of any of the terms or conditions set forth herein, in each case as determined by us and LATAM TAP in their sole discretion. Discrepancies about Xxxxx earnings are not treated as credit card billing disputes. Neither we nor LATAM TAP nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be liable to you for any action or inaction any of them take or fail to take with respect to the Program or any changes in these terms and conditions. Awarding of Miles may qualify as taxable income to you. When laws require us to do so, we may report the Miles earned as income to the Internal Revenue Service, as well as state and local tax authorities. By using this Program, you are responsible for paying any federal, state, or local taxes you owe, or other connected fees or gratuities. Should we be required to report taxes, tax reporting, if any, will be made to the tax ID number of the Card account Account holder, based on our records. The LATAM Pass Rewards Program TAP MilesGGo Programme is owned by LATAM TAP and is subject to all applicable laws and regulations. Cardless and LATAM TAP operate this Program. You must be an individual and must participate in the Program for lawful personal, family, or household purposes, and not for any business, commercial, or investment purpose. The accrual and/or redemption of Miles is void where prohibited by law. You agree that Cardless and LATAM TAP are not liable for following instructions of anyone claiming to be you. You agree to indemnify and hold LATAMTAP, Cardless, and our third-party service providers and each of such party’s respective affiliates, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: (i) participation in the Program; (ii) any fraud or misuse of the Program; (iii) violation of this Agreement; and/or (iv) violation of any applicable law or the rights of any third-party. To the maximum extent permitted by law, neither LATAM, Cardless nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which you may suffer by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of LATAM, Cardless, or any Program supplier, including each of such party’s respective employees, officers, affiliates, or agents, or any other third-party. In no event shall LATAM, Cardless, or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including, without limitation, lost revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or omissions of LATAM, Cardless, or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or our administration, or that result from the use of or inability to use the Program, even if LATAM or Cardless have been made aware of the possibility of such damages. Neither LATAM, Cardless, nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be responsible for any damage, loss or expense of any nature resulting from the usage of any redemption, defects in any redemption, or from any cancellation irregularity or mishap affecting the redemption received through the Program. In addition, LATAM and Cardless make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Miles. IN NO EVENT SHALL LATAM, CARDLESS, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER. You agree to notify us promptly upon the receipt of your Account statement of any errors relating to the earning of Miles but in no event later than sixty (60) days after the date of the transaction. We reserve the right (but are not required) to correct inaccurate values represented in your Account and to adjust Miles values at our sole discretion. If we do not credit, or if we improperly deny, a Miles transfer to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Miles redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. All trademarks, service marks, and trade names used by Cardless and LATAM in this Program are property of their respective owners. No use of these may be made without the prior written authorization of Cardless or LATAM, as applicable. This Agreement constitutes the entire agreement between you, LATAM, and us with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement or the LATAM Pass program. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between you and a merchant relating to a transaction or goods or services. Any claim or dispute arising from or relating to this Agreement or to the Program will be governed by and construed in accordance with California law (without regard to its conflicts of law principles) and, as applicable, federal law.:

Appears in 1 contract

Samples: legal.cardless.com

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Other Important Information You Should Know. Miles are ● Notwithstanding the foregoing, Bilt’s failure to exercise any of its rights under these Program rules or its delay in enforcing or exercising any of those rights shall not your property and have no cash valueconstitute a waiver of such rights. Additionally● Events beyond Bilt’s control, Xxxxx cannot be transferred by operation of law such as by inheritancecomputer equipment or electronic data transmission failure, in bankruptcystrikes, acts of God, civil disturbance, terrorism or in connection with a divorce. Cardless and LATAM reserve the rightwar, in their sole discretionwhich may materially affect our ability to perform, will allow Bilt to suspend, cancel, suspend or modify the Program at any time and for any reason and without prior notice. Administrative services may be provided by third-party service providers. Cardless and LATAM reserve the right, in their sole discretion, to add, delete, change, or revise this Agreement, including, but not limited to, revising or adding qualifications for participation in terminate the Program, Program features, or Program procedures; the imposition or discontinuance of special promotions or offers, additions, deletions, or revisions of rewards offered; revisions of the amount of Miles required for redemption of benefits; revisions of caps; limitations, or expiration periods; revisions . ● All dollar amounts referred to disqualifying events; or the imposition of new, revised, or additional Program terms and conditionsin this Agreement are in U.S. dollars (USD). We may temporarily or permanently disqualify you from participating in the Program and/or adjust or cause assign our rights and obligations under this Agreement to a third party, who will then be forfeited any or all Miles accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, or any other violation of any of the terms or conditions set forth herein, in each case as determined by us and LATAM in their sole discretion. Discrepancies about Xxxxx earnings are not treated as credit card billing disputes. Neither we nor LATAM nor entitled to any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be liable rights that we assign to you them. ● We’re not responsible for any action or inaction any of them take or fail to take with respect to disputes about the Program or you may have with any changes in these terms and conditionsAuthorized Users on your account. Awarding of Miles may qualify as taxable income to you. When laws require us to do so, we may report the Miles earned as income to the Internal Revenue Service, as well as state and local tax authorities. By using this Program, you are responsible for paying any federal, state, or local taxes you owe, or other connected fees or gratuities. Should we be required to report taxes, tax reporting, if any, will be made to the tax ID number of the Card account holder, based on our records. The LATAM Pass Rewards Program is owned by LATAM and is subject to all applicable laws and regulations. Cardless and LATAM operate this Program. You must be an individual and must participate in the Program for lawful personal, family, or household purposes, and not for any business, commercial, or investment purpose. The accrual and/or redemption of Miles is void where prohibited by law. You agree that Cardless and LATAM are not liable for following instructions of anyone claiming to be you. You agree to indemnify and hold LATAM, Cardless, BILT and our third-its third party service providers and each all of such party’s their respective affiliates, directors, officers, employees, agents, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized userAuthorized User’s: (i) participation in use of the Program; (ii) , any fraud or misuse of the Program; (iii) , violation of this Agreement; Agreement and/or (iv) violation of any applicable law or the rights of any third-third party. To the maximum extent permitted by law, neither LATAM, Cardless nor any of our third-● The merchants and third party service providers, including each of such party’s respective employees, officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which you may suffer by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of LATAM, Cardless, or any Program supplier, including each of such party’s respective employees, officers, affiliates, or agents, or any other third-party. In no event shall LATAM, Cardless, or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including, without limitation, lost revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or omissions of LATAM, Cardless, or any of our respective affiliates or agents, or otherwise providers that participate in connection with or relating to the Program are not affiliated with us and are not sponsors or our administration, or that result from the use co-sponsors of or inability to use the Program, even if LATAM or Cardless have been made aware of the possibility of such damages. Neither LATAM, Cardless, nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be responsible for any damage, loss or expense of any nature resulting from the usage of any redemption, defects in any redemption, or from any cancellation irregularity or mishap affecting the redemption received through the Program. In additionAll participating merchant and third party service provider names, LATAM and Cardless make no warranty or representation either expressed or impliedlogos, and expressly disclaim any marks are used with permission and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with are the Program or through the use of redeemed Miles. IN NO EVENT SHALL LATAM, CARDLESS, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER. You agree to notify us promptly upon the receipt of your Account statement of any errors relating to the earning of Miles but in no event later than sixty (60) days after the date of the transaction. We reserve the right (but are not required) to correct inaccurate values represented in your Account and to adjust Miles values at our sole discretion. If we do not credit, or if we improperly deny, a Miles transfer to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Miles redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. All trademarks, service marks, and trade names used by Cardless and LATAM in this Program are property of their respective owners. No use of these may be made without the prior written authorization of Cardless or LATAM, as applicable. This Agreement constitutes the entire agreement between you, LATAM, Participating merchants and us with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement or the LATAM Pass program. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our third party service providers are subject to change without notice. ● Credit Reporting Services - Bilt may report Rent payments made by you to a credit reporting agency (a “CRA”), or a third party that reports such Rent payments to a CRA which in part is designed to assist parties in establishing a credit history and/or a credit score. Once payments have been reported by Bilt to a CRA or third party, the reporting of those payments cannot be modified, amended or cancelled. A Member may dispute an entry on their credit report derived from information provided by Bilt to a CRA by notifying Bilt by email at xxxxxxx@xxxxxxxxxxx.xxx. ● Participating merchants and third party service providers are solely responsible for the quality and performance of any products or services they provide. Bilt is not responsible for any disputes between you aspects of the products and a merchant relating to a transaction services provided by participating merchants or goods third party service providers. ● The Program is void where prohibited by federal, state, or serviceslocal law. Any claim or dispute arising from or relating to this ● This Agreement or to and use of the Program will be is governed by and construed in accordance with California law (without regard to its conflicts of law principles) andfederal law, as applicablewell as the law of Delaware, federal lawand will apply no matter where you live or use the Program.

Appears in 1 contract

Samples: Bilt Rewards Terms

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