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| 03-12-2012, 07:53 PM | |
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like the other twt deals...terms:
https://sync.americanexpress.com/...Terms.aspx PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (the “Agreement”) BEFORE REGISTERING FOR THE PROGRAM TO RECEIVE OFFERS FROM AXP THROUGH THE THIRD-PARTY PLATFORMS FACEBOOK®, FOURSQUARE® AND/OR TWITTER, AS THE CASE MAY BE (collectively, the “Program”). BY REGISTERING FOR ANY PART OF THE PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND ITS AFFILIATES (collectively, "AXP", "we" or "us"). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER FOR THE PROGRAM. OFFERS ARE PROVIDED ONLY TO ELIGIBLE CARDMEMBERS (AS DEFINED IN THIS AGREEMENT), WHO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE REGISTERED FOR THE PROGRAM. OFFERS ARE PROVIDED ON THE TERMS DISPLAYED IN CONJUNCTION WITH A SPECIFIC OFFER (“Offer Terms”). Table of Contents A. Eligibility and Registration B. How the Program Works C. Information We Collect and How We Use It D. Availability/Interruption E. Privacy and Security F. Changes to this Agreement G. Limitations on Liability H. No Amendment of Existing Terms and Conditions For Cards I. Governing Law J. Alternative Dispute Resolution K. Assignment L. Entire Agreement A. Eligibility and Registration Eligibility. To participate in the Program or to redeem an offer delivered or displayed to you through your Foursquare, Facebook and/or Twitter account (an “Offer” or “Offers”), you must be 18 years of age or older, have the power, authority and capacity to enter into this Agreement and be a valid holder of an Eligible Card (as defined below) registered with the Program. In addition, you must meet any additional eligibility requirements contained in the Offer Terms. Subject to such eligibility requirements, an “Eligible Card” is a valid American Express Consumer Card or Business Card from American Express OPEN issued in the U.S. by AXP or a licensed third party bank issuer of AXP-branded Cards (“Licensed Issuer”); however, certain cards are not deemed Eligible Cards, including Prepaid Cards (including, without limitation, American Express Gift Cards) and Corporate Cards. The Card account under which the Eligible Card is issued must be active and not in default for you to be eligible to redeem the Offers. For Foursquare, you must have an active account with Foursquare (www.foursquare.com), be able to access Foursquare via your mobile device, and complete the steps described below to register/“sync” your Eligible Card to your Foursquare account. For Facebook, you must have an active account with Facebook (www.facebook.com), be able to access Facebook via a desktop computer and/or via your mobile device, and complete the steps described below to register/“sync” your Eligible Card to your Facebook account. For Twitter, you must have an active, “public” (and not “protected”) account with Twitter (www.twitter.com), be able to access Twitter via a desktop computer and/or via your mobile device, and complete the steps described below to register/“sync” your Eligible Card to your Twitter account. A Cardmember that satisfies all the preceding requirements, as well as any contained in the Offer Terms, is referred to as an “Eligible Cardmember.” The Eligible Card that you register for the Program (whether you register for Offers through any of Foursquare, Facebook, Twitter) is referred to as the “Registered Card”. Each Eligible Cardmember may only have one Registered Card per Foursquare, Facebook and/or Twitter account at a time. However, you may use the same Registered Card for more than one platform account. If you wish to register/sync a different Eligible Card than provided initially for any account, you must first “unsync” such initial Registered Card as described in paragraph 3 below. Registration/Syncing. Foursquare. To register/sync your Eligible Card to your Foursquare account, you must: (1) be logged into your Foursquare account, (2) visit the registration page located at https://sync.americanexpress.com/foursquare or such other URL as we may designate from time to time (the “Foursquare Sync Page”), and (3) follow instructions on the Foursquare Sync Page to “sync” such Eligible Card to your Foursquare account. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.com/...rvice.aspx or call the number on the back of the Eligible Card you wish to register. Facebook. To register/sync your Eligible Card to your Facebook account, you must: (1) be logged into your Facebook account, access the Link, Like Love application and allow any permissions requested by such application, (2) visit the registration page located at aexp.co/amexfb or such other URL as we may designate from time to time (the “Facebook Sync Page”), and (3) follow instructions on the Facebook Sync Page to “sync” such Eligible Card to your Facebook account. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.com/...rvice.aspx or call the number on the back of the Eligible Card you wish to register. Twitter. To register/sync your Eligible Card to your Twitter account, you must: (1) be logged into your Twitter account, (2) visit the registration page located at https://sync.americanexpress.com/twitter or such other URL as we may designate from time to time (the “Twitter Sync Page” and, together with the Foursquare Sync Page and the Facebook Sync Page, the “Registration Pages”), and (3) follow instructions on the Twitter Sync Page to “sync” such Eligible Card to your Twitter account. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.com/...rvice.aspx or call the number on the back of the Eligible Card you wish to register. Cancelling Your Participation in the Program. AXP reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Program or receive the Offers without cause and without notice to you. You may withdraw your participation in the Program by contacting Customer Service through the following URLs: Foursquare: https://sync.americanexpress.com/...vice.aspx; Facebook: https://sync.americanexpress.com/...vice.aspx; Twitter: https://sync.americanexpress.com/...rvice.aspx. A Customer Service representative will inform you once your “unsync” is successful. Return to Top B. How the Program Works Offer Notifications and Redemption. Foursquare. Once you have completed the registration/syncing process, when you use your Foursquare account to “check in” to a location for which an Offer exists, an electronic message will be sent to your mobile device through your Foursquare account notifying you of an available Offer (such as, by way of example, a statement credit or point of sale discount) and you must activate certain Offers by pressing the “Load to Card” or similar button. To redeem an Offer, you must follow the instructions in the Offer Terms and use your Registered Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms. Facebook. Once you have completed the registration/syncing process, when you are logged into your Facebook account and you access the “Link, Like, Love” tab of the American Express page, you will be notified of available Offers (such as, by way of example, a statement credit or point of sale discount) and you must activate certain Offers by clicking the “Add to Card” or similar button. If you are logged into Facebook Places and an Offer is available near your current location, you will be presented with such available Offer through Facebook Places and must “check in” at that specified location and follow any additional instructions to claim/add the Offer. To redeem an Offer, you must follow the instructions in the Offer Terms that appear in the communication containing the Offer and use your Registered Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms. Twitter. Once you have completed the registration/syncing process, you may view available offers on the American Express “Favorites” tab on Twitter. Participating merchants may also Tweet available Offers to their followers through Twitter. You must activate certain Offers by posting a Tweet that includes the #hashtag provided for that Offer. American Express will send you an @reply message to confirm your enrollment in an Offer, or to notify you that an Offer is no longer available. To redeem an Offer, you must follow the instructions in the Offer Terms that appear in the communication containing the Offer and use your Registered Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms. General. We may also provide Offers with other redemption instructions (e.g. “Redeem Online”) and additional terms and conditions. You will receive the benefit mentioned in an Offer within the timeframe stated in the Offer Terms. Transactions that satisfy all the requirements specified in the Offer Terms and this Agreement are called “Eligible Transactions.” Note that transactions made using the “expresspay” capability are not considered Eligible Transactions. Offers are only valid during the times and on the conditions specified in the Offer Terms. Statement credits will generally be issued within two (2)-three (3) business days after the qualifying purchase, but may take up to two (2) billing periods to post to your account. Note that if an item is returned, a statement credit will be reversed. Please note that your ability to earn other types of rewards - such as Membership Rewards - based on spending, may be based, in the case of Eligible Transactions, on the Charge after any statement credits have been applied. If the Eligible Transaction is subject to finance charges, such charges may accrue on the total amount of the Eligible Transaction prior to the application of any statement of credit, and the balance upon which such charges are assessed may include the gross amount of your Eligible Transaction from the date such transaction was made (i.e., without any savings from the Offer being applied). You will be responsible to pay amounts due as provided in the terms of your Cardmember Agreement (as defined below). Other Notifications. Once you have registered for the Program, we may also send you other notifications through your Foursquare, Facebook and/or Twitter account, as applicable, based on your Foursquare, Facebook and/or Twitter activity to help enhance your Program experience. Such notifications will not always be associated with an Offer. Return to Top C. Information We Collect and How We Use It We use your personally identifiable information (“PII”), such as name, email address, and AXP account number, to confirm your eligibility for registration in the Program and to provide you the Offers provided through the Program. We also use information you provide through Foursquare, Facebook and/or Twitter regarding your location (“Location Data”) to provide you with relevant Offers. AXP will not provide Foursquare or Facebook access to your AXP account number or to any of your other PII. Instead, AXP will create a unique identifier (“UID”) that does not contain your AXP account number, which will serve to identify you to Foursquare and/or Facebook to facilitate your participation in the Program. We will not provide the merchant participating in the Offer with access to this UID or to any of your PII. Any information provided to AXP by you in connection with the Program, such as information submitted during registration, shall also be governed by the American Express Network Privacy Statement, available at www.amexnetwork.com/privacy.html. Return to Top D. Availability/Interruption You acknowledge and agree that we are not responsible for performance degradation, service interruption, or delays due to conditions on the Internet or due to any error or malfunction of the Equipment, System or services/websites provided by Foursquare, Facebook and/or Twitter. You (and not AXP) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, Equipment, and services needed to participate in the Program and access and use any websites provided for this purpose, including without limitation the Registration Pages. You acknowledge that AXP, Licensed Issuers, agencies, participating merchants, ISPs and Service Providers shall not be liable to you if any Offer or Registration Page is unavailable, interrupted or suspended for any reason. If any Offer or Registration Page is unavailable, or is interrupted or suspended, you agree that your sole remedy shall be to terminate this Agreement. "Equipment" means the hardware and active internet connection through which you access, or attempt to access, any Offer and/or Registration Page. "System" means the hardware and software owned or operated by AXP, an Internet Service Provider (“ISP”) or any third-party service provider engaged by AXP to facilitate or administer the Offers or the Registration Pages (“Service Provider”). AXP reserves the right to suspend, cancel or terminate any Offer or Eligible Transaction if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Offer or of a Registration Page, as determined by AXP at any time and in its sole discretion. AXP also reserves the right to close the Program registration at any time for any reason at its sole discretion. AXP is not responsible for any computer virus or damage caused to Equipment by accessing the website. Return to Top E. Privacy and Security Any information provided to AXP by you in connection with the Offer (e.g., information submitted during registration) shall be governed by the American Express Network Privacy Statement available at www.amexnetwork.com/privacy.html. AXP reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Program or receive Offers without cause and without notice to you. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with the Equipment or your Registered Card(s). AXP reserves the right, at its sole discretion, to disqualify any individual suspected of tampering with any aspect of an Offer or a Registration Page or any other current or prior program made available by AXP. AXP also reserves the right, at its sole discretion, to disqualify any individual that it believes may tamper with an Offer or a Registration Page or that it believes to be acting in any manner deemed by AXP in its sole discretion to be improper or disruptive or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF AN OFFER AND/OR A TRANSACTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AXP RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Return to Top F. Changes to this Agreement We may change or modify this Agreement from time to time by posting such change or modification on https://sync.americanexpress.com/...Terms.aspx. Upon modification, we will update the date indicated after “Last Modified” at the beginning of this Agreement. If you do not agree with the current or modified Agreement, however, you must not participate in the Program. You may withdraw your participation in the Program by contacting Customer Service through the following URLs: Foursquare: https://sync.americanexpress.com/...vice.aspx; Facebook: https://sync.americanexpress.com/...vice.aspx; and Twitter: https://sync.americanexpress.com/...rvice.aspx. A Customer Service representative will inform you once your “unsync” is successful. Your participation in the Program following the effective date of such change constitutes your agreement to be bound by this Agreement as modified and its applicability to you. Return to Top G. Limitations on Liability By registering for the Program, you acknowledge that technical processing and transmission of information to and from any Registration Page, including the information you may enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. AXP, its Licensed Issuers, agencies, participating merchants, Service Providers, and ISPs are not responsible for: (1) any incorrect or inaccurate information, whether caused by Cardmembers, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, delays or failures of any kind, including, but not limited to, system malfunctions, performance degradation, service interruptions, or disconnections or disruption in phone lines, network hardware or software or Internet connectivity; (3) unauthorized human intervention in any part of the purchase process or an Offer; or (4) computer, mechanical, technical, printing, typographical, technical or non-technical, or human or other errors or omissions which may occur in connection with the administration of an Offer or of a Registration Page or the processing of the registration. AXP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, SERVICE INTERRUPTIONS, COMPUTER HARDWARE AND SOFTWARE, OFFERS, TRANSACTIONS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH ANY OFFER. YOU AGREE THAT YOUR PARTICIPATION IN ANY OFFER, ACCESS TO AND REGISTRATION ON A REGISTRATION PAGE, AND USE OF ANY PRODUCTS, SERVICES, OR OFFERS OBTAINED IN CONNECTION WITH AN OFFER ARE AT YOUR SOLE RISK. ALL OFFERS AND EACH REGISTRATION PAGE ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. AXP SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH ANY OFFER, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree to this Agreement, and on your behalf and on behalf of your respective heirs, executors, administrators, legal representatives, successors and assigns (the “Releasing Parties”), release, defend and hold harmless AXP and its Licensed Issuers, agencies, participating merchants, and Service Providers and ISPs, as well as the employees, officers, directors and agents of each (the “Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive, special or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against the Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from the your participation in any Offer. You assume all liability for any injury, including, but not limited to, death or damage caused or claimed to be caused, by participation in any Offer or use of any product, service, or offer purchased or received in an Offer. This paragraph G. shall survive termination of this Agreement. Return to Top H. No Amendment of Existing Terms and Conditions For Cards THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE OFFER TERMS DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR THE AGREEMENT GOVERNING YOUR CARD ACCOUNT ("CARDMEMBER AGREEMENT"). IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CARD ACCOUNT, INCLUDING ITS STATUS, YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE THE ONLINE CUSTOMER SUPPORT AVAILABLE AT YOUR CARD ISSUER’S WEBSITE. Return to Top I. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Return to Top J. Alternative Dispute Resolution You hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with an Offer or this Agreement shall be resolved, upon the election of you or American Express, by arbitration pursuant to this provision and the code of procedures of either JAMS or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If our selection of either of these organizations is unacceptable to you, you may select the other organization within 30 days after you receive notice of our selection. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER YOU NOR AMERICAN EXPRESS WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator’s authority to resolve Claims is limited to Claims between AXP and you alone, and the arbitrator’s authority to make awards is limited to awards to AXP and you alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. This paragraph J. shall survive termination of the Agreement. Return to Top K. Assignment We may assign or delegate all or part of AXP’s rights or duties under this Agreement without such assignment or delegation being considered a change to this Agreement, and without notice to you. You may not assign this Agreement, or delegate any of your duties hereunder, without AXP’s prior written consent, and any assignment or delegation by you in breach of the terms hereof shall be null and void ab initio. Return to Top L. Entire Agreement This Agreement together with the Offer Terms represent the entire understanding between you and AXP with respect to an Offer, and may only be amended as described in this Agreement. No waiver by us of any breach of any term or condition of this Agreement will constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Agreement. If any part of this Agreement is found to be void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. |
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