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Interior Designer Loyalty Program Terms
TERMS & CONDITIONS
EFFECTIVE DATE: December 8th 2023
About these Terms and Conditions
These Renewal by Andersen Interior Designer Loyalty Program Terms and Conditions (these “Program Terms”) describe the terms on which we, Renewal by Andersen LLC (“RbA”), provide the Renewal by Andersen Interior Designer Loyalty Program (the “Program”). The Program is sponsored only by RbA and not by any other third party. Membership in the Program is granted to licensed interior designers meeting the qualifications described in these Program Terms. These Program Terms are a binding agreement between you and RbA and govern your participation in the Program. By enrolling and participating in the Program, you expressly agree to, and agree to be bound by, these Program Terms. These Program Terms will be posted online at www.renewalbyandersen.com/about/idlp-privacy-policy (the “Program Website”). These Program Terms are in addition to the Terms of Use Agreement at https://www.renewalbyandersen.com/about/terms-of-use (the “Site Terms”) applicable to your participation in, access to and use of the Site(s) (as defined therein). The Site Terms apply to your use of the Site(s) in connection with the Program. In the event of any conflict between the Site Terms and these Program Terms, the Site Terms shall control with respect to your access to and use of the Site, and these Program Terms shall control with respect to your enrollment and participation in the Program. Members are not permitted to sell or resell Renewal by Andersen® products in any manner, including through their own e-commerce website or any other website, or through any retail outlet.
NOTE: THE PROGRAM TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND A BINDING ARBITRATION CLAUSE.
In these Program Terms, the words “Member,” “you” and “your” refer to interior designers who enroll in, and who are approved to participate in, and participate in, the Program, and the words “we,” “our” and “us” refer to RbA.
Eligibility; Qualifications
The Program is open only to licensed, properly credentialed (as described below) individual interior designers in any of the fifty (50) United States or the District of Columbia, and who have reached the age of majority in the state where they reside as of the date of their enrollment in the Program set forth above, who properly enroll in the Program as described below, including by providing all required information, and who are approved by us to participate in the Program. Although we do not generally verify the age of Program members, we reserve the right to cancel your membership in the Program if we discover that you are not a legal adult.
In order to be eligible to become a Member of, and participate in, the Program, you must hold on the date of your enrollment in the Program, and maintain during your participation in the Program, all of the following: (1) a valid, non-expired membership in a recognized design/trade organization such as NEWH, IIDA, ASID, NCIDQ, AIA, or NKBA, or other design/trade organization, (2) a valid, non-expired business license issued by one of the fifty (50) United States or the District of Columbia, and (3) no less than a 3.5 star rating (out of a maximum of 5 stars) on average over a minimum of a 12 month time period on a major online review site.
We reserve the right to make all membership determinations at our sole discretion. Each prospective Member must individually apply for membership in the Program by submitting their own individual qualifications as described in these Program Terms. Incomplete applications will not be considered or accepted.
Enrolling in the Program
To become a Member of the Program, you must enroll through the Program Website. We may, in our discretion, provide you with a way to receive the enrollment link via text message or e-mail. By enrolling in the Program, you certify that you meet the eligibility requirements described above and that the information you provide at the time of enrollment is accurate. We reserve the right to approve or deny your membership in the Program based on eligibility requirements set forth above and the required information to be provided as described below. There is no cost or fee to enroll in or participate in the Program.
To enroll in the Program, you will need to provide us with your business name, your first and last names, a ten (10)-digit business telephone number, your business e-mail address, your business ZIP code, the URL for your business website (if any), a list of your design or business organization memberships, your business’ Instagram handle and/or Facebook page, a URL to your business’ main online review site, and how you heard about the Program. We will use your information in order to provide the Program benefits to you, as well as for other reasons set forth in the Program Privacy Policy, as described below.
Communication Preferences
E-mail Communications: We may e-mail you about the Program and Program promotions and offers. You may choose to stop receiving such communications by following the instructions in such communications.
SMS/Text Communications: When you sign up for our text messaging program (“SMS Program”), you accept the terms of the Program Privacy Policy and you expressly authorize us and others texting on our behalf to send promotional and other text messages, via automated and non-automated dialing technology, to the mobile phone number that you provide. By opting into the SMS Program, you confirm and agree that you are a United States resident, that you are the account holder for the mobile phone number you provide, that you are permitted to receive text messages at that mobile phone number, and that you will promptly update your Member Profile if that mobile phone number changes.
You may opt out of the SMS Program at any time, and consent to receive promotional text messages is not required to participate in the Program. Message and data rates may apply to each text message sent or received, in addition to any applicable roaming charges. Please check with your carrier for details.
To unsubscribe from the SMS Program, reply “STOP” to any SMS Program text message. For help, reply “HELP” to any SMS Program text message.
You agree that, following any such request to unsubscribe, you may receive one (1) last text message simply to confirm that your request to unsubscribe has been processed. Following that confirmation message, no additional promotional text messages will be sent unless you opt back into the SMS Program.
Removal from the Program
You may cancel your membership in the Program at any time by visiting the Program Website and selecting the appropriate menu choices. We may cancel your membership if we discover that any of the information you provided at enrollment or in your Member Profile is or has become inaccurate, if you breach these Program Terms, or for any other reason in our sole discretion. In particular, we may terminate your membership in the Program (or deny your membership in the Program) if you no longer qualify under the eligibility requirements described above (including, without limitation, if at any time your membership in a recognized design/trade organization or other design/trade organization expires or lapses, if at any time your business license expires or lapses, or if at any time your business’ star rating on a major online review site drops to below 3.5 stars). If your membership in the Program is terminated for any reason, then you will no longer be eligible for any benefits through the Program.
Program Benefits
Your membership in the Program entitles you to the following:
Initially, basic training by us or our designee for properly measuring a window, door or other applicable unit intended to help with expediting the process associated with your providing estimated project quotations to applicable homeowners who may be interested in purchasing Renewal by Andersen® and other approved windows and doors from a participating RbA retailer, commonly referred to us as “fast-track estimates.” (Note well, however, that you will have no role in the financial transaction between RbA or any participating RbA retailer and the applicable homeowner with respect to such purchases.)
Through your work with the applicable homeowner by providing interior design services and your membership in the Program, you will have the ability to offer an additional five percent (5%) “designer discount” (before tax and delivery) to any such homeowner in connection with the homeowner’s purchase of Renewal by Andersen and other approved windows and doors from a participating RbA retailer over and above any other RbA or participating RbA retailer offers with respect to such purchases. (Note well, however, that again, you will have no role in the financial transaction between RbA or any participating RbA retailer and the applicable homeowner with respect to such purchases.) Through your participation in the Program, we will also train you on precisely how and when to offer the above discount on qualifying purchases by homeowners.
Other applicable benefits if and when make them available under the Program.
Program Modification
We may modify these Program Terms, including, without limitation, benefits offered under the Program, from time to time in our sole discretion without notice to you. When we do modify these Program Terms, we will update the “Effective Date” shown above to reflect the date of the modification. By visiting the Program Website or participating in the Program after these Program Terms have been updated, you consent to the revised Program Terms. If you do not accept the Program Terms, you are not authorized to participate in the Program. We may terminate the Program at any time.
Any discount provided in connection with the Program is applied after all other promotions or offers, whether offered by RbA or participating RbA retailers
No Transfers
Your membership in the Program and all benefits available to you through the Program are personal to you and may not be transferred.
Privacy Policy; Use of Your Information
We collect certain personal information you provide to RbA as part of the Program. Our Privacy Policy, available at: https://www.andersenwindows.com/support/privacy/
describes our policies and practices with regard to this information (the “Program Privacy Policy”)
Publicity Release
Except in Tennessee and where prohibited, your membership in the Program and acceptance of any benefits under the Program constitutes your permission for RbA, its affiliates, and their respective agents to use your name, likeness and other biographical information, photograph, voice, comments, hometown and state for advertising and promotional purposes in any media now existing or hereinafter devised, worldwide, without additional compensation, notice, review, or approval, unless prohibited by law.
Confidentiality
You expressly understand and acknowledge that all pricing information, all prospective purchaser/homeowner information, all measuring and related processes, and all other information we disclose or otherwise make available to you in connection with the Program is our proprietary and confidential information. As such, you hereby expressly agree to maintain in confidence all such information, and not disclose it to any third party without our express prior written approval in each instance. You may only use such information in connection with your participation in the Program and for no other reason. This obligation of confidentiality applies during and after your membership in the Program; specifically, if your membership in the Program expires or is terminated for any reason whatsoever, your obligations of confidentiality set forth above survive in perpetuity.
No Warranties; Limitation of Liability
WE DO NOT MAKE ANY WARRANTIES AT ALL REGARDING THE PROGRAM OR ANY BENEFITS MADE TO YOU IN CONNECTION WITH THE PROGRAM, ALL OF WHICH ARE PROVIDED “AS-IS” AND “WHERE-IS.” WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE PROGRAM. PARTICIPATION OR MEMBERSHIP IN THE PROGRAM DOES NOT GIVE YOU ANY PROPERTY RIGHT OR OTHER OWNERSHIP INTERESTS. THE PROGRAM AND ALL PROGRAM BENEFITS HAVE NO CASH VALUE WHATSOVER.
BY PARTICIPATING IN THE PROGRAM, YOU FOREVER RELEASE RbA AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, VENDORS, AND REPRESENTATIVES, FROM ANY AND ALL LIABILITY FOR ANY INJURY, DEATH, LOSS, TAX LIABILITIES OR OTHER LIABILITIES OR DAMAGES OF ANY NATURE ARISING FROM OR OTHERWISE IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, OR YOUR ACCEPTANCE, USE, OR ENJOYMENT OF ANY PROGRAM BENEFIT(S).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RbA, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, VENDORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, IN TORT, OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, ANY PROGRAM BENEFITS, YOUR ACCEPTANCE OR USE OF ANY PROGRAM BENEFITS, OR OUR ADMINISTRATION OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NONE OF RbA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, VENDORS, OR REPRESENTATIVES SHALL HAVE ANY LIABILITY IN CONNECTION WITH THE TERMINATION OF THE PROGRAM.
THE LAWS OF SOME STATES MAY NOT ALLOW US TO EXCLUDE OR LIMIT CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, THEN PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Disputes and Arbitration
ANY DISPUTE THAT ARISES BETWEEN YOU AND US AND WHICH RELATES TO THE PROGRAM WILL BE RESOLVED EXCLUSIVELY AS DESCRIBED IN THIS SECTION.
Any and all claims or disputes that arise in connection with the Program shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules, as modified by these Program Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including, without limitation, administration fees, filing fees, and arbitrator fees.
No Class or Representative Actions
You and we may bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class action or representative action or any related proceeding. The arbitrator may not join more than one individual’s claims and may not preside over any form of a consolidated, class, or representative proceeding. The arbitrator may award relief only in favor of the party seeking relief and only to the extent necessary to give relief to that party’s individual claims. Any relief ordered to any individual who participates in the Program will not affect any other individual who participates in the Program.
Miscellaneous
Neither RbA, nor any of its affiliates, or any of their respective consultants or vendors are responsible for any taxes or fees imposed on you as a result of your participation in the Program or your receipt of benefits in connection with the Program. If we fail to enforce any portion of these Program Terms or delay the enforcement of them, then that failure or delay shall not waive any of our rights under these Program Terms or your breach of these Program Terms. If any portion of these Program Terms is found to be invalid or unenforceable, then that invalidity or unenforceability shall not affect any other portion of these Program Terms. Headings used in these Program Terms are for convenience only and form no part of the agreement between you and us. These Program Terms describe the entirety of our agreement with you
with respect to the Program, and supersede any and all prior or contemporaneous understandings, whether written or verbal, relating to the Program. These Program Terms are governed by the laws of the State of Minnesota, without regard to its or any other jurisdiction’s conflicts-of-law rules, as well as the Federal Arbitration Act. You expressly and irrevocably consent to jurisdiction and venue in the State of Minnesota.
EFFECTIVE DATE: December 8th 2023
About these Terms and Conditions
These Renewal by Andersen Interior Designer Loyalty Program Terms and Conditions (these “Program Terms”) describe the terms on which we, Renewal by Andersen LLC (“RbA”), provide the Renewal by Andersen Interior Designer Loyalty Program (the “Program”). The Program is sponsored only by RbA and not by any other third party. Membership in the Program is granted to licensed interior designers meeting the qualifications described in these Program Terms. These Program Terms are a binding agreement between you and RbA and govern your participation in the Program. By enrolling and participating in the Program, you expressly agree to, and agree to be bound by, these Program Terms. These Program Terms will be posted online at www.renewalbyandersen.com/about/idlp-privacy-policy (the “Program Website”). These Program Terms are in addition to the Terms of Use Agreement at https://www.renewalbyandersen.com/about/terms-of-use (the “Site Terms”) applicable to your participation in, access to and use of the Site(s) (as defined therein). The Site Terms apply to your use of the Site(s) in connection with the Program. In the event of any conflict between the Site Terms and these Program Terms, the Site Terms shall control with respect to your access to and use of the Site, and these Program Terms shall control with respect to your enrollment and participation in the Program. Members are not permitted to sell or resell Renewal by Andersen® products in any manner, including through their own e-commerce website or any other website, or through any retail outlet.
NOTE: THE PROGRAM TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND A BINDING ARBITRATION CLAUSE.
In these Program Terms, the words “Member,” “you” and “your” refer to interior designers who enroll in, and who are approved to participate in, and participate in, the Program, and the words “we,” “our” and “us” refer to RbA.
Eligibility; Qualifications
The Program is open only to licensed, properly credentialed (as described below) individual interior designers in any of the fifty (50) United States or the District of Columbia, and who have reached the age of majority in the state where they reside as of the date of their enrollment in the Program set forth above, who properly enroll in the Program as described below, including by providing all required information, and who are approved by us to participate in the Program. Although we do not generally verify the age of Program members, we reserve the right to cancel your membership in the Program if we discover that you are not a legal adult.
In order to be eligible to become a Member of, and participate in, the Program, you must hold on the date of your enrollment in the Program, and maintain during your participation in the Program, all of the following: (1) a valid, non-expired membership in a recognized design/trade organization such as NEWH, IIDA, ASID, NCIDQ, AIA, or NKBA, or other design/trade organization, (2) a valid, non-expired business license issued by one of the fifty (50) United States or the District of Columbia, and (3) no less than a 3.5 star rating (out of a maximum of 5 stars) on average over a minimum of a 12 month time period on a major online review site.
We reserve the right to make all membership determinations at our sole discretion. Each prospective Member must individually apply for membership in the Program by submitting their own individual qualifications as described in these Program Terms. Incomplete applications will not be considered or accepted.
Enrolling in the Program
To become a Member of the Program, you must enroll through the Program Website. We may, in our discretion, provide you with a way to receive the enrollment link via text message or e-mail. By enrolling in the Program, you certify that you meet the eligibility requirements described above and that the information you provide at the time of enrollment is accurate. We reserve the right to approve or deny your membership in the Program based on eligibility requirements set forth above and the required information to be provided as described below. There is no cost or fee to enroll in or participate in the Program.
To enroll in the Program, you will need to provide us with your business name, your first and last names, a ten (10)-digit business telephone number, your business e-mail address, your business ZIP code, the URL for your business website (if any), a list of your design or business organization memberships, your business’ Instagram handle and/or Facebook page, a URL to your business’ main online review site, and how you heard about the Program. We will use your information in order to provide the Program benefits to you, as well as for other reasons set forth in the Program Privacy Policy, as described below.
Communication Preferences
E-mail Communications: We may e-mail you about the Program and Program promotions and offers. You may choose to stop receiving such communications by following the instructions in such communications.
SMS/Text Communications: When you sign up for our text messaging program (“SMS Program”), you accept the terms of the Program Privacy Policy and you expressly authorize us and others texting on our behalf to send promotional and other text messages, via automated and non-automated dialing technology, to the mobile phone number that you provide. By opting into the SMS Program, you confirm and agree that you are a United States resident, that you are the account holder for the mobile phone number you provide, that you are permitted to receive text messages at that mobile phone number, and that you will promptly update your Member Profile if that mobile phone number changes.
You may opt out of the SMS Program at any time, and consent to receive promotional text messages is not required to participate in the Program. Message and data rates may apply to each text message sent or received, in addition to any applicable roaming charges. Please check with your carrier for details.
To unsubscribe from the SMS Program, reply “STOP” to any SMS Program text message. For help, reply “HELP” to any SMS Program text message.
You agree that, following any such request to unsubscribe, you may receive one (1) last text message simply to confirm that your request to unsubscribe has been processed. Following that confirmation message, no additional promotional text messages will be sent unless you opt back into the SMS Program.
Removal from the Program
You may cancel your membership in the Program at any time by visiting the Program Website and selecting the appropriate menu choices. We may cancel your membership if we discover that any of the information you provided at enrollment or in your Member Profile is or has become inaccurate, if you breach these Program Terms, or for any other reason in our sole discretion. In particular, we may terminate your membership in the Program (or deny your membership in the Program) if you no longer qualify under the eligibility requirements described above (including, without limitation, if at any time your membership in a recognized design/trade organization or other design/trade organization expires or lapses, if at any time your business license expires or lapses, or if at any time your business’ star rating on a major online review site drops to below 3.5 stars). If your membership in the Program is terminated for any reason, then you will no longer be eligible for any benefits through the Program.
Program Benefits
Your membership in the Program entitles you to the following:
Initially, basic training by us or our designee for properly measuring a window, door or other applicable unit intended to help with expediting the process associated with your providing estimated project quotations to applicable homeowners who may be interested in purchasing Renewal by Andersen® and other approved windows and doors from a participating RbA retailer, commonly referred to us as “fast-track estimates.” (Note well, however, that you will have no role in the financial transaction between RbA or any participating RbA retailer and the applicable homeowner with respect to such purchases.)
Through your work with the applicable homeowner by providing interior design services and your membership in the Program, you will have the ability to offer an additional five percent (5%) “designer discount” (before tax and delivery) to any such homeowner in connection with the homeowner’s purchase of Renewal by Andersen and other approved windows and doors from a participating RbA retailer over and above any other RbA or participating RbA retailer offers with respect to such purchases. (Note well, however, that again, you will have no role in the financial transaction between RbA or any participating RbA retailer and the applicable homeowner with respect to such purchases.) Through your participation in the Program, we will also train you on precisely how and when to offer the above discount on qualifying purchases by homeowners.
Other applicable benefits if and when make them available under the Program.
Program Modification
We may modify these Program Terms, including, without limitation, benefits offered under the Program, from time to time in our sole discretion without notice to you. When we do modify these Program Terms, we will update the “Effective Date” shown above to reflect the date of the modification. By visiting the Program Website or participating in the Program after these Program Terms have been updated, you consent to the revised Program Terms. If you do not accept the Program Terms, you are not authorized to participate in the Program. We may terminate the Program at any time.
Any discount provided in connection with the Program is applied after all other promotions or offers, whether offered by RbA or participating RbA retailers
No Transfers
Your membership in the Program and all benefits available to you through the Program are personal to you and may not be transferred.
Privacy Policy; Use of Your Information
We collect certain personal information you provide to RbA as part of the Program. Our Privacy Policy, available at: https://www.andersenwindows.com/support/privacy/
describes our policies and practices with regard to this information (the “Program Privacy Policy”)
Publicity Release
Except in Tennessee and where prohibited, your membership in the Program and acceptance of any benefits under the Program constitutes your permission for RbA, its affiliates, and their respective agents to use your name, likeness and other biographical information, photograph, voice, comments, hometown and state for advertising and promotional purposes in any media now existing or hereinafter devised, worldwide, without additional compensation, notice, review, or approval, unless prohibited by law.
Confidentiality
You expressly understand and acknowledge that all pricing information, all prospective purchaser/homeowner information, all measuring and related processes, and all other information we disclose or otherwise make available to you in connection with the Program is our proprietary and confidential information. As such, you hereby expressly agree to maintain in confidence all such information, and not disclose it to any third party without our express prior written approval in each instance. You may only use such information in connection with your participation in the Program and for no other reason. This obligation of confidentiality applies during and after your membership in the Program; specifically, if your membership in the Program expires or is terminated for any reason whatsoever, your obligations of confidentiality set forth above survive in perpetuity.
No Warranties; Limitation of Liability
WE DO NOT MAKE ANY WARRANTIES AT ALL REGARDING THE PROGRAM OR ANY BENEFITS MADE TO YOU IN CONNECTION WITH THE PROGRAM, ALL OF WHICH ARE PROVIDED “AS-IS” AND “WHERE-IS.” WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE PROGRAM. PARTICIPATION OR MEMBERSHIP IN THE PROGRAM DOES NOT GIVE YOU ANY PROPERTY RIGHT OR OTHER OWNERSHIP INTERESTS. THE PROGRAM AND ALL PROGRAM BENEFITS HAVE NO CASH VALUE WHATSOVER.
BY PARTICIPATING IN THE PROGRAM, YOU FOREVER RELEASE RbA AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, VENDORS, AND REPRESENTATIVES, FROM ANY AND ALL LIABILITY FOR ANY INJURY, DEATH, LOSS, TAX LIABILITIES OR OTHER LIABILITIES OR DAMAGES OF ANY NATURE ARISING FROM OR OTHERWISE IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, OR YOUR ACCEPTANCE, USE, OR ENJOYMENT OF ANY PROGRAM BENEFIT(S).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RbA, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, VENDORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, IN TORT, OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, ANY PROGRAM BENEFITS, YOUR ACCEPTANCE OR USE OF ANY PROGRAM BENEFITS, OR OUR ADMINISTRATION OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NONE OF RbA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, VENDORS, OR REPRESENTATIVES SHALL HAVE ANY LIABILITY IN CONNECTION WITH THE TERMINATION OF THE PROGRAM.
THE LAWS OF SOME STATES MAY NOT ALLOW US TO EXCLUDE OR LIMIT CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, THEN PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Disputes and Arbitration
ANY DISPUTE THAT ARISES BETWEEN YOU AND US AND WHICH RELATES TO THE PROGRAM WILL BE RESOLVED EXCLUSIVELY AS DESCRIBED IN THIS SECTION.
Any and all claims or disputes that arise in connection with the Program shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules, as modified by these Program Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including, without limitation, administration fees, filing fees, and arbitrator fees.
No Class or Representative Actions
You and we may bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class action or representative action or any related proceeding. The arbitrator may not join more than one individual’s claims and may not preside over any form of a consolidated, class, or representative proceeding. The arbitrator may award relief only in favor of the party seeking relief and only to the extent necessary to give relief to that party’s individual claims. Any relief ordered to any individual who participates in the Program will not affect any other individual who participates in the Program.
Miscellaneous
Neither RbA, nor any of its affiliates, or any of their respective consultants or vendors are responsible for any taxes or fees imposed on you as a result of your participation in the Program or your receipt of benefits in connection with the Program. If we fail to enforce any portion of these Program Terms or delay the enforcement of them, then that failure or delay shall not waive any of our rights under these Program Terms or your breach of these Program Terms. If any portion of these Program Terms is found to be invalid or unenforceable, then that invalidity or unenforceability shall not affect any other portion of these Program Terms. Headings used in these Program Terms are for convenience only and form no part of the agreement between you and us. These Program Terms describe the entirety of our agreement with you
with respect to the Program, and supersede any and all prior or contemporaneous understandings, whether written or verbal, relating to the Program. These Program Terms are governed by the laws of the State of Minnesota, without regard to its or any other jurisdiction’s conflicts-of-law rules, as well as the Federal Arbitration Act. You expressly and irrevocably consent to jurisdiction and venue in the State of Minnesota.