PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions that govern the Uvation Rewards Program.
A. Overview of the Uvation Rewards Program
The Uvation Rewards Program (“Program”) is a loyalty program sponsored by Uvation Marketing LLC (“Uvation”) through which a buyer using a valid and active Uvation customer account (“Customer”) can earn special benefits determined by Uvation. These benefits may include points, rewards, discounts on future purchases, charitable donations to a charity of the Customer’s choosing, or other approved methods as determined by Uvation at any time (“Benefits”).
B. Eligibility and Participation in the Program
Any Customer with a valid customer account through Uvation is eligible to participate in the Program. All Customers are enrolled in the Program upon creating their customer account. They may opt out of the Program at any time by contacting Uvation directly. Any Customer can begin participating in the Program (i.e., earning, tracking, and/or redeeming Benefits) via the Uvation website.
Uvation reserves the right to modify, suspend, or terminate how and when the Customer may earn Benefits as part of its activities via their customer account through Uvation. Uvation reserves the right to suspend or terminate the Customer’s eligibility and participation in the Program at its discretion and at any time with or without notice.
The Customer may opt out of any Benefits on a case-by-case basis.
C. Earning and Redeeming Points or Credits
Through the Program, Uvation may permit a Customer to earn then redeem points or credits in exchange for discounts and/or other benefits. Uvation reserves the right to suspend or terminate the Customer’s ability to earn, track, or redeem points or credits at its discretion and at any time with or without notice.
Points or credits do not constitute property, do not entitle a member to a vested right or interest, and have no cash value. As such, neither points nor credits are redeemable for cash, transferable, or assignable for any reason. Accordingly, neither points nor credits are transferable (a) upon death, (b) upon the dissolution of the Customer organization, (c) from separate customer accounts, or (d) otherwise by operation of law. The sale or transfer of points or credits is prohibited. Points or credits may not be sold on any secondary market, and any transfer of points or credits to a secondary market shall be deemed void. Any points or credits remaining in a Customer’s Rewards Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of points or credits to other programs unless otherwise determined by Uvation. Customers with questions or concerns about earning, tracking, retaining, or redeeming points or credits may contact Uvation directly.
D. Earning Pre-Paid Gift or Debit Cards and Distributing Donations
Uvation may permit a Customer to receive pre-paid gift or debit cards (“Cards”) or make cash donations to non-profit recipients of the Customer’s choice (“Donations”) on behalf of the Customer. The approval, distribution, and destination of any Card or Donation is determined by Uvation. The approval, distribution, and destination of any Card or Donation will be determined by Uvation on a case-by-case basis. Uvation reserves the right to terminate, modify, or suspend any offer and any distribution of Cards or Donations at its discretion and at any time with or without notice.
E. Duration, Modification, and Termination of the Program
Uvation reserves the right to modify, suspend, or terminate the Program, at its discretion and at any time with or without notice. Termination, modification, or suspension may affect a Customer’s ability to redeem accumulated points or credits.
F. General Terms and Conditions
1. Uvation reserves the right to suspend or discontinue the eligibility of any Customer who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Terms and Conditions or any international, federal, or state laws, statutes, or ordinances. In addition to suspension or discontinuance of the Customer’s eligibility for the Program, Uvation shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Uvation reserves the right to seek damages from any such person to the fullest extent permitted by law. Uvation’s failure to enforce any of these rules shall not constitute a waiver of that, or any other, provision.
3. The Program is provided to approved Customers with valid and active customer accounts through Uvation only.
4. All questions or disputes regarding eligibility for the Program, the availability of items, or a Customer’s compliance with these Terms and Conditions will be resolved by Uvation in its sole discretion.
5. Uvation is not responsible for any incorrect or inaccurate information supplied by Customers while participating in the Program.
6. Customers are responsible for the payment of all taxes which may result from participation in the Program.
7. Customers are responsible for maintaining updated contact information associated with their customer account through Uvation.
8. The Program is subject to all applicable laws and regulations.
G. Limitation of Liability
1. Uvation, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of the Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that the Program is temporarily corrupted and suspended, notice of such will be provided and Customers will be advised to (1) not participate in the Program in any way until such time that the Program, as originally intended, may be resumed.
2. By participating in the Program, each Customer accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Uvation and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Customer and/or Customer’s participation in the Program, or for any harm or injury caused by any third party.
3. IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT THE CUSTOMER HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM UVATION AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UVATION’S CUMULATIVE LIABILITY TO THE CUSTOMER ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4. Released Parties are not responsible for any products or services offered as part of the Program other than those manufactured by Uvation. TO THE FULLEST EXTENT ALLOWABLE BY LAW, UVATION SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
5. As a condition of participating in the Program, the Customer agrees that, except where prohibited, any and all disputes, claims, and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Customer’s rights and obligations, or the rights and obligations of Uvation in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
6. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.