COUNTRY THUNDER REWARDS TERMS OF SERVICE
Effective Date: March 28, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE REWARDS PROGRAM. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US OR ANY PROGRAM PARTY (DEFINED BELOW) IN A CLASS ACTION FORMAT.
NOTE TO MINORS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION TO PARTICIPATE AND HAVE YOUR PARENT AGREE TO THESE PROGRAM TERMS ON YOUR BEHALF.
Country Thunder Holdings, LLC (“Country Thunder”) offers Country Thunder Rewards (the “Program”), which is a loyalty rewards program and platform where eligible Country Thunder Fans have an opportunity to accumulate Points (defined below) by participating in offered activities, subject to the terms and conditions set forth in this Terms of Service (these “Terms”). As used in these Terms, the terms “we,” “us,” and “our” shall be deemed to collectively refer to both Country Thunder and Service Provider.
By accessing or participating in the Program, you accept and agree to be legally bound by these Terms. If you wish to become a Member and participate in the Program, please read these Terms and indicate your acceptance to these Terms by following the instructions in the Program sign-up process. It is important that you review these Terms regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Each time you access and/or use the Program, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). If you do not agree to these Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.
Table of Contents
Member-Required Disclosures and Representations and Warranties
Timing and Termination
Content, Ownership, Limited License and Rights of Others
Terms Applicable to User Content
Code of Conduct
Program and Content Use Restrictions
Linked Sites and Advertisements; Dealings with Third Parties
Limitation on Liability
Dispute Resolution and Governing Law
Waiver of Injunctive or Other Equitable Relief
Update to Terms
Communications, Notices and Customer Service
1. Eligibility. To participate in the Program, you must be at the time of Program enrollment: (i) at least thirteen (13) years of age; and (ii) a legal resident and physically located in (a) one of the fifty (50) United States or the District of Columbia; (b) the province of Alberta, Canada; or (c) the province of Saskatchewan, Canada. Employees, officers and directors of Country Thunder, Service Provider, their parent companies, and each of their respective affiliated companies, subsidiaries, sales representatives, prize providers, advertising and promotion agencies of any of the above listed organizations, including any entities engaged in the development, execution or fulfillment of the Program, together with the immediate family members and persons living in the same household (whether legally related or not) as such individuals, are not eligible to participate in the Program. For purposes of these Terms, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. In order to access and use the Program, Members must have a Device (defined below) that is capable of accessing the Internet. Members under the age of majority in the territory in which they reside and who register for the Program represent to COUNTRY THUNDER that they have secured their parents’ or legal guardians’ permission to participate. In the event that COUNTRY THUNDER is notified by a parent or legal guardian of a minor that the parent or legal guardian does not wish his/her minor child to participate in the Program, COUNTRY THUNDER will delete the minor Member’s account and will void all Points in the account at the time of deletion. Minor participants must have a parent or legal guardian agree to these Program Terms as a condition of participation.
2. Program Sign-Up. Eligible individuals may sign-up for the Program by visiting downloading the Country Thunder Mobile Application (“App”) and following the instructions. Registration is free. Once registered, you will be able to track your Program activity within the App under the Rewards tab (referred to herein as a “Rewards Account”). Individuals who sign-up for the Program and receive a Rewards Account are referred to in these Terms as, “Members.” Participation in the Program constitutes Member’s full and unconditional agreement to these Terms and COUNTRY THUNDER’s which are final and binding in all matters related to the Program. In order to earn Points or otherwise participate in certain Qualifying Activities (defined below) offered as part of the Program, Members may be required to provide access to their accounts at social networking sites (such as, for example, Twitter and Facebook) and/or provide their mobile telephone number.
In connection with your Rewards Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Rewards Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your App password and for restricting access to your Device so that others may not access the Program or your Rewards Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Rewards Account, password, or username, or any other breach of security by calling us at the following phone number 1 866.802.6418 and (v) You will not sell, transfer, or assign your Rewards Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Rewards Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
3. Earning Points. The Program offers Members the ability to accumulate and redeem loyalty rewards points (“Points”), on an individual basis and solely for Member’s own Rewards Account. The Program is structured to offer certain benefits based on the Member’s current balance of “redeemable” Points (that is, Points that have not previously been redeemed) or “lifetime” Points (that is, all prior Points accumulated by Member, whether previously redeemed or not). From time to time, we may establish, at our sole discretion, activities pursuant to which Members may “earn” Points (“Qualifying Activities”). Examples of “Qualifying Activities” include, but are not limited to:
1. Participation in certain on-site COUNTRY THUNDER event fan activations that specifically indicate that Points can be earned in the Program.
Qualifying Activities may be added, discontinued or be made available again, at any time, and from time to time in COUNTRY THUNDER’s sole and absolute discretion.
To keep your Rewards Account active, Members must earn Points within the previous twelve (12) months. Points earned through the Program will expire twelve (12) months from the last day of Points-earning Qualifying Activity on the Member Account. If no new Points are earned for a consecutive twelve (12) month period, COUNTRY THUNDER shall automatically expire all of your accrued, but unused redeemable Points. COUNTRY THUNDER may, in its discretion, send you periodic notifications to remind you that your Points will expire upon the 12th month of inactivity. Please note that we reserve the right to institute additional expiration dates for Points, as determined in our sole discretion. Certain actions taken prior to Program sign-up may be eligible to earn Points, in COUNTRY THUNDER’s sole and absolute discretion, and will be automatically credited by COUNTRY THUNDER to your Rewards Account. Points can be tracked in your Rewards Account. Points are always subject to verification and eligibility determined by us, in our sole and absolute discretion.
We reserve the right, in our sole discretion, at any time during the duration of the Program, all as set forth in these Terms, to: (i) change the number of Points awarded, or to award no Points, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) delete any or all means to earn Points, (iv) limit the number of times or frequency a Member may earn Points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer Points earning opportunities to select groups of Members. Also, COUNTRY THUNDER may offer Points for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer Points for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Points will appear in your Rewards Account.
Each Member will be responsible for ensuring the accuracy of his/her Program Point totals. If a Member believes his/her Program Point total is not accurate, or that Points earned were not credited, please call us at the following phone number: 1.866.802.6418 within six (6) days of the end of the applicable activity. Points subsequently determined, in the sole discretion of COUNTRY THUNDER, to be invalid, will be removed from a Member’s Point accumulation total.
Any Points you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of rewards. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Points, which remain COUNTRY THUNDER property at all times. Points have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Points have no purpose or use except in exchange for rewards (if any) offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Points, or offer to purchase, sell, or trade any Points or other virtual items. Under certain circumstances we may offer the ability for Members to “gift” Points to one another. The Member must identify the email address of the other Member they wish to gift their Points to. The recipient Member must acknowledge the Point transfer within seven (7) calendar days, or the gift expires. Any attempt to combine or transfer Points in any other manner will result in disqualification from the Program and forfeiture of all Points in the Rewards Account. Points will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. COUNTRY THUNDER reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that COUNTRY THUNDER believes, in its sole discretion, that a Member (or Members) has violated these Terms. You agree to abide by COUNTRY THUNDER’s final and binding decisions regarding the Program and your participation in it.
A. Rewards Generally. Once earned, Points will be deposited into your Rewards Account profile and can be used to acquire rewards such as merchandise, offers and other items of value from the “Rewards Section” of the Program, while supplies last. The “Rewards Section” of the Program will list the corresponding Point value required to redeem each item. Rewards, and the redemption thereof, and any other related information are subject to prior confirmation of eligibility and compliance with these Terms. Rewards will not be awarded until a Member is confirmed and the verification process is complete, in COUNTRY THUNDER’s absolute discretion. The items listed as rewards on the website will fluctuate as available items are redeemed and additional items are added by COUNTRY THUNDER. Merchandise/items/prizes pictured as rewards on the website may not necessarily reflect exact colors, styles, or models of actual rewards due to printing variations and/or manufacturer’s updates. COUNTRY THUNDER makes no representations, warranties, or guarantees that any particular reward will be (or will continue to be) available or offered in the Program. Reward availability is limited and is on a first-come, first-served basis. COUNTRY THUNDER reserves the absolute right to modify, change, delete or add rewards, or any element thereof at any time. COUNTRY THUNDER reserves the right to modify the Point value(s) for any reward, at any time and for any reason, during the Program Period (defined below). All redemptions are subject to these Terms and all limitations or requirements on the Program website.
B. Redemption of Points. To spend/redeem your Points, navigate through the items listed on the rewards section of the Program. You can choose any item still available for which you have accumulated sufficient Points for redemption. Click the image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email and when applicable, an email confirming that the order has been processed. Emails will be sent to the email address associated with the Member’s Member Account. The total number of Points a Member can use to redeem an item at any given time is the total number of Points available in his/her Member Account at the time of redemption. Once a Member has ordered an item from the “Rewards Section” of the Program, the order is final and the appropriate number of Points will be deducted immediately from his/her Member Account.
C. Provide Accurate Information. Each Member is responsible for ensuring the mailing address associated with his/her Member Account is accurate and up to date. We are not responsible for non-receipt of an item shipped to the mailing address associated with a Member’s Member Account. Changes to a Member Account or the information in it should only be made by the Member to whom such account belongs.
D. Points Redemptions are Final. All Points redemptions for items are final. Points will not be refunded or placed back in a Member’s quantity of redeemable Points for any reason after an order has been placed and merchandise may not be returned for any reason except if the item is damaged or defective, in which case the item will be replaced with the same or a like item.
E. Rewards with Limited Availability. Some items available in the “Rewards Section” of the Program may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item has been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Rewards section of the Program. If there is a particular reward offered that you would like to receive, you should redeem your Points for that reward as soon as possible (once you have enough Points) because supplies or redemption time may be limited and the Program may be discontinued at any time in our sole discretion. Many rewards are awarded on a first-come, first-served and while-supplies-last basis. If you redeem your Points for a reward and we determine that the reward was unavailable, out of stock or for whatever reason cannot be provided to you, we will “refund” the Points that you exchanged for the reward.
F. Forfeiture of Points. Any Points remaining in a Member Account thirty (30) days after the Program End Date (defined below) will be forfeited without compensation. The Points have no cash value and are only redeemable for items offered via the Program.
I. Release and Taxes. Members agree to sign and send to COUNTRY THUNDER an affidavit, release of liability, publicity release or similar agreement if requested by us prior to receiving your reward and provide any other information or documents reasonably requested by COUNTRY THUNDER in connection therewith (including, without limitation, an IRS Form W-9). Members are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program. COUNTRY THUNDER will issue (or caused to be issued) an IRS Form 1099-MISC to Members obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year. Members obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year will be required to provide his/her Social Security Number within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). An IRS Form 1099-MISC will be issued to him/her for the total value of all items awarded for the tax year in which the item(s) are awarded.
J. Other Terms Applicable to Rewards. Rewards (which include any products or services that a Member can redeem Points for) are provided “as is” with no warranty or guarantee, either express or implied by us. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer Points nor have rewards sent to any third party. Points may not be redeemed with us for money or exchanged with any third party for money. The only way for you to use Points is to redeem them for Program rewards to be sent to yourself. Products made available as rewards may be refurbished products. Some rewards may have age eligibility requirements. We reserve the right to verify your eligibility qualifications prior to fulfilling a reward.
K. Delivery of Rewards. Rewards will be mailed to your U.S. postal address that you provided when you created, or last updated, your Member Account. No rewards will be shipped to P.O. Boxes, APO (Army Post Office) or FPO (Fleet Post Office) addresses, or destinations outside the United States. Rewards shipped via postal mail will be shipped within approximately eight (8) to twelve (12) weeks from the date your order is processed, unless the Program states a different schedule or the particular reward you ordered is limited in quantity, backordered, or out of stock. We are not liable for any damages to, losses of or delays in any shipments. Rewards that are undeliverable for whatever reason (including because your Program information is incorrect) will not be re-sent and are forfeited, and the Points will not be refunded. After ordering a reward, you may receive a confirmation e-mail with an order number, which you should retain for your records. If you contact us in the future about your reward order, you may be required to provide your order number.
5. Timing and Termination. The “Program Period” will begin on April 1, 2017 and will end on a date to be determined in COUNTRY THUNDER’s sole and absolute discretion, which date shall be posted on the Program or sent to you via email (the “Program End Date”). COUNTRY THUNDER makes no guarantee or representation as to the length of time during which the Program will be offered, and the Program could end at any time. COUNTRY THUNDER reserves the right to cancel, modify, restrict, suspend or terminate the Program or any aspect or feature of the Program, including Points, and/or extend or shorten the current Program Period at any time without notice. After the Program End Date, Members will no longer be permitted to earn Points. Members will have thirty (30) days after the Program End Date (or the specific number of days noted in the Program ending announcement) during which to redeem any remaining Points in their Member Account. After such thirty (30) day period, all Points will expire and the Program will no longer be available, and no further liability will be owed by us to any Member. Any Points remaining in a Member Account thirty (30) days after the Program End Date will be forfeited without compensation.
These Terms will remain in full force and effect while you use the Program and/or are a Member. We may suspend or terminate your membership for any reason, at any time, including if you fail to remain in good standing in the Program. If we suspend or terminate you as a Member because you have breached these Terms, you may either be terminated from the Program or otherwise be restricted by us from redeeming Points or earning more Points until such time (if ever) when we reinstate your membership (at our discretion). In the event that you are terminated as a Member, we may elect to immediately void all of your accumulated Points and, in such instance, you shall not be entitled to redeem Points for any items. Even after your participation is terminated, these Terms will remain in effect. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including, but not limited to, deletion of your Member Account, profile and submitted User Content from the Program upon any breach by you of these Terms.
If you wish to discontinue your participation in the Program, please contact us at 1.866.802.6418.
6. Content, Ownership, Limited License and Rights of Others.
A. Content. The Program contains a variety of: (i) materials and other items relating to COUNTRY THUNDER and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of COUNTRY THUNDER (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by COUNTRY THUNDER, Service Provider and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of COUNTRY THUNDER, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of COUNTRY THUNDER or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, COUNTRY THUNDER grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Program explicitly for you for use as part of or to be incorporated into your User Content (“COUNTRY THUNDER Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the COUNTRY THUNDER Licensed Elements are made available on the Program; but we and our licensors and certain other third parties, as the case may be, retain ownership of such COUNTRY THUNDER Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in COUNTRY THUNDER’s sole discretion, and without advance notice to you or liability to us. In some instances, we may permit you to have greater access to and use of Content and/or COUNTRY THUNDER Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Program for public or commercial purposes, including the text, images, audio, and video without COUNTRY THUNDER’s written permission.
D. Rights of Others. When using the Program, you must respect the intellectual property and other rights of COUNTRY THUNDER and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. COUNTRY THUNDER respects the intellectual property rights of others.
7. Member Disputes. You are solely responsible for your interactions with other Members, whether online or offline. We are not responsible or liable for the conduct or content of any Member. COUNTRY THUNDER reserves the right, but have no obligation, to monitor or become involved in disputes between you and other Members. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
8. Program and Content Use Restrictions.
A. Program Use Restrictions. You agree that you will not: (i) use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other Members; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to COUNTRY THUNDER; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Program; (vi) engage in any activity that interferes with a user’s access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, COUNTRY THUNDER, or other Members of the Program; (vii) interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the COUNTRY THUNDER Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of COUNTRY THUNDER or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Program and Content. COUNTRY THUNDER may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them) in whole or in part for any reason, in COUNTRY THUNDER’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Program. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by COUNTRY THUNDER and its licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.
9. Linked Sites and Advertisements; Dealings with Third Parties.
B. Linked Sites and Advertisements. In addition to perks, the Program may also contain other links to sites that are controlled by third parties (“Linked Sites”). Those Linked Sites are not controlled by COUNTRY THUNDER, and Members acknowledge that COUNTRY THUNDER is not responsible for the content of any such Linked Site or any link contained in a Linked Site. COUNTRY THUNDER provides such links only as a convenience, and the inclusion of any link does not imply endorsement by COUNTRY THUNDER of any Linked Site. COUNTRY THUNDER does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, COUNTRY THUNDER is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, COUNTRY THUNDER will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. COUNTRY THUNDER disclaims all liability in connection therewith.
C. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Program (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). COUNTRY THUNDER disclaims all liability in connection therewith.
10. Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK.
THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, COUNTRY THUNDER, Service Provider, their parent companies and each of their respective affiliates and subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Program (including the Content and the User Content) and the website that makes the Program available;
(b) the functions, features, or any other elements on, or made accessible through, the Program and the Program website;
(c) any products, services, or instructions offered or referenced at or linked through the Program and Program website;
(d) security associated with the transmission of your User Content transmitted to COUNTRY THUNDER or via the Program website;
(e) whether the Program website or the servers that make the Program website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Program website is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Program website will be repaired or corrected;
(h) whether your access to the Program website will be uninterrupted;
(i) whether the Program website will be available at any particular time or location; and
(j) whether your use of the Program is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
11. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(a) the Program (including the Content and the User Content) and the website that makes the Program available;
(b) your activities in connection with the Program and Program website;
(c) your use of or inability to use the Program, or the performance of the website associated with the Program;
(d) any action taken in connection with an investigation by Program Parties or law enforcement authorities regarding your access to or use of the Program;
(e) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(f) any errors or omissions in the Program’s and Program website’s technical operation; or
(g) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROGRAM PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PROGRAM AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COUNTRY THUNDER IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY COUNTRY THUNDER OR A MANUFACTURER OF A PHYSICAL PRODUCT.
12. Our Rights. COUNTRY THUNDER reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to Members. COUNTRY THUNDER may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the Points, items or benefits you may have accrued. Each Member agrees that COUNTRY THUNDER will not be liable to a Member or any third party for any modification or discontinuance of the Program. COUNTRY THUNDER reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by COUNTRY THUNDER, including determinations of eligibility, and proper authorization of Point and item redemption, shall be final and conclusive in each case. COUNTRY THUNDER reserves the right to terminate any Member’s participation in the Program, to deny award of any item and/or terminate service if, in COUNTRY THUNDER’s sole judgment, such Member has in any way violated these Terms.
13. Fraud. Fraud or abuse relating to the registration process, providing of personal information, or redemption of items is a violation of these Terms. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s password. Members agree to immediately notify COUNTRY THUNDER of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual Member, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use. COUNTRY THUNDER reserves the right to terminate or suspend a Member’s participation in the Program and/or void a Member’s Points if any Member engages in fraudulent activity or otherwise uses the Program other than in accordance with these Terms and applicable law.
ANY ATTEMPT BY ANY MEMBER OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. COUNTRY THUNDER RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Dispute Resolution & Governing Law. The parties each agree to finally settle all disputes only through arbitration; provided, however, COUNTRY THUNDER shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Program shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, California. COUNTRY THUNDER agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
By participating in the Program, Member agrees to the Mandatory Arbitration Provisions above. MEMBER UNDERSTANDS THAT MEMBER IS VOLUNTARILY WAIVING MEMBER’S RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES. BY PARTICIPATING IN THE PROGRAM, MEMBER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY REWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms and any Additional Terms will be governed by and construed in accordance with, and any disputes will be resolved in accordance with, the laws of the State of California without regard to its conflicts of law provisions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST US, THEN YOU MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
15. Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF COUNTRY THUNDER.
16. Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us and the other Program Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your User Content; (ii) your use of the Program and your activities in connection with the Program; (iii) your breach or anticipatory breach of these Terms or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of COUNTRY THUNDER. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
17. Updates to Terms. These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your Member Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.
18. Communications, Notices & Customer Service.
By signing-up for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your Rewards Account. These communications may include marketing communications about the Program as well as other promotional offers unrelated to the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your sign-up to the Program will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your Member Account.
If you have a question regarding using the Program, you may contact COUNTRY THUNDER Customer Service by calling our toll-free number 1.866.802.6418. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.
19. General Provisions.
A. Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
B. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Program website’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
C. Assignment. We may assign our rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of COUNTRY THUNDER.
D. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies hereunder or thereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.