Acknowledgment & Acceptance
Pincity.Rewardz™ Privacy Promise
- By enrolling and/or using the Pincity Rewardz™ Program ("Pincity.Rewardz™"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in Pincity.Rewardz™ shall conform to its terms and conditions.
- Pincity.Rewardz™ is owned and operated by Cleartone Group, LLC.
- Pincity.Rewardz™ members ("Members") may earn Points for enrolling in Pincity.Rewardz™; taking advantage of Point-earning opportunities on the Pincity.Rewardz™ and other third party Web sites; reading and responding to offers from participating advertisers and partners via email; and complying with the terms of other offers or programs from Pincity.com or other companies.
- Pincity.com is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them.
- Pincity.com reserves the right to limit Pincity.Rewardz™ enrollment at any time.
By participating In Pincity.Rewardz™, Pincity.com may disclose User Data to carefully screened companies that may offer User products and services.
Pincity.com will not disclose billing information or account access information except as authorized by User or User's representative or as required by law or legal process, or as set forth below.
Terms of Participation
- as required by law;
- to comply with legal process;
- is necessary to enforce this license;
- to respond to claims that the communicator violated the rights of third-parties; or to protect the rights or property of Pincity.com or others.
Shipping and Handling
- Only individuals 18 years or older and resident of the United States may enroll in Pincity.Rewardz™ and become Members.
- Pincity.Rewardz program is not available for iCallEZ services and subscribers.
- Pincity agent(s) are not eligible to enroll in the Pincity.Rewardz™ program.
- Corporations or other business entities are not eligible to become Members of Pincity.Rewardz™.
- Pincity.Rewardz™ membership and its right to use is limited to one individual per Pincity.Rewardz™ account.
- Pincity.com allows only one email address per Member.
- Member agrees to provide only true and accurate information to Pincity.Rewardz™ (including to its advertisers and partners) at all times.
- Member agrees to comply with the terms of all Pincity.Rewardz™ and Pincity.Rewardz™ advertiser and partner offers, promotions, and programs at all times.
- Member agrees not to abuse Pincity.Rewardz™ privileges by conduct which is detrimental to the interests of Pincity.com, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of Pincity.Rewardz™ or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Pincity.Rewardz™ award links, etc.
- Pincity.com reserves the right to terminate or disable, at Pincity.com's sole discretion, any Pincity.Rewardz™ membership if Pincity.com believes such Member has violated or acted inconsistently with the rules of Pincity.Rewardz™ or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.
- Pincity.com shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.
- Points may be spent only on rewards as offered through Pincity.Rewardz™ at the time of redemption.
- Points have no cash value.
- Members must accrue the "Available" Points that exceed first redemption level before they may spend Points for their first redemption; FOR DETAILS, PLEASE REFER TO THE PINCITY.REWARDZ™ AREA AS CONDITIONS FOR REDEMPTION MAY BE MODIFIED BY PINCITY.COM AT ITS SOLE DISCRETION AT ANY TIME.
- Pincity.com reserves the right to limit the redemption of specific rewards and limit the number of rewards available at any particular Point-spending level.
- Points will be subtracted from Member's account once the reward is shipped.
- Once used to claim a reward, Points will not be reinstated to Member's account.
- In conjunction with spending Points for rewards, Member agrees to confirm that all information in Member's personal profile is up-to-date and accurate.
- Member agrees to promptly notify Pincity.com of any change in Member's address (mail or email) or personal profile by updating his or her personal information at Pincity.com Web site.
- Member's discontinued participation in Pincity.Rewardz™ or failure to notify Pincity.com of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Points.
- All Unredeemed Points will expire at the end of the 6th months from the month that it was earned on. Example: In January, 2010 - you've earned 3000 points, and these 3000 points will expire by end of July (July 31 11:59:59PM PST).
- Pincity.com reserves the right to cancel or disable any membership if that Member has been inactive for a period of 6 consecutive months. "Inactive" shall be defined as lack of one of the following: Web site visit (click through); email response; survey completion; profile update; or any Point-earning or -spending transaction.
- Pincity.com reserves the right to limit the opportunities to earn Points available to Member while Member remains inactive.
- Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in Pincity.Rewardz™ if and to the extent that such participation is permitted by such laws, rules, and regulations. Pincity.com refuses to enroll Member, or to restrict, modify, or terminate Member's participation in Pincity.Rewardz™, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in Pincity.Rewardz™ could violate any law, rule, or regulation.
There will be no charge for shipments within the United States.
All redeemed item(s) will be shipped via standard USPS (United States Postal Service) mail.
International shipping charges to be determine on an individual basis.
Pincity.com will not be responsible for shipping damages and/or lost. All claims for shipping damages and/or lost
must be presented to the carrier immediately by customers.
Sorry no COD
Disclaimer of Warranties
Limitation of Liability
- Member expressly agrees that use of Pincity Rewardz™ is at the Member's sole risk.
- Pincity.Rewardz™ and all services offered therein are provided on a strictly "as is" and "as available" basis. PINCITY.COM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH PINCITY.REWARDZ™ OR THROUGH PINCITY.REWARDZ™ ADVERTISERS OR PARTNERS; THAT PINCITY.REWARDZ™ WILL MEET MEMBERS' REQUIREMENTS; OR THAT PINCITY.REWARDZ™ WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES PINCITY.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PINCITY.REWARDZ™ OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH PINCITY.REWARDZ™.
- Pincity.com expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pincity.com shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Pincity.Rewardz™ advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from Pincity.com or through Pincity.Rewardz™ shall create any warranty not expressly made herein.
Participation in Promotions of Advertisers and Partners
- PINCITY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN PINCITY.REWARDZ™. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Pincity.com is not responsible for damages or losses that result from participating or inability to participate in Pincity.Rewardz™, or reliance on or use of information, services, or merchandise provided on or through Pincity.Rewardz™.
- Member acknowledges and agrees that Pincity.com neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
- Pincity.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.
- In no event shall Pincity.com's liability, either jointly or severally, exceed $100.
Third Party Services
- Member's correspondence with or participation in promotions of Pincity.Rewardz™ advertisers and partners are solely between corresponding Member and the advertiser or partner. Pincity.com assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
- Member understands that, in some cases, there may be delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to Pincity.com for such crediting of Points. Pincity.com will not be responsible or liable for the delay or failure to credit Points in such event.
- To enhance the value of the Pincity.Rewardz™ service to its Members, PIncity.com may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation.
- Such third parties shall be STRICTLY bound by the terms set forth in the Pincity.Rewardz™ Privacy Promise.
- Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.
- AT ANY TIME EITHER MEMBER OR PINCITY.COM MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.
- Termination of Member's membership by Member is effective upon Member submitting a termination request through the Pincity.Rewardz™ Web site at Pincity.com, found in the Member Services area on the Pincity.Rewardz™ Web site and Member receiving a message from Pincity.Rewardz™ confirming termination. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Points after termination.
- Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Pincity.Rewardz™, Member's only recourse is to immediately discontinue participation in Pincity.Rewardz™ and properly terminate his or her membership. (See paragraph above.)
- Pincity.com reserves the right to terminate the membership of any Member who appears to be using Pincity.Rewardz™ in a manner inconsistent with this Agreement, the intent of this Agreement, or any Pincity.Rewardz™ rules.
Proprietary Rights to Content
- Member's right to use Pincity.Rewardz™ is non-transferable.
- Points are non-transferable and are void if transferred.
- Member's membership will terminate immediately in the event of Member's death.
- Points and/or rewards may not be bartered or sold.
- Pincity.Rewardz™ accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
- Member acknowledges that Pincity.Rewardz™ content (including but not limited to text, sound, photographs, graphics, or other material contained in any Pincity.Rewardz™ communication, advertisements, or messages, whether by Pincity.com or Pincity.com's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by Pincity.com, its advertisers and partners, as the case may be.
- Member agrees not to forward any Pincity.Rewardz™ offers or promotions to others without first obtaining the express written permission of Pincity.com; Pincity.Rewardz™ offers are specific to Member's membership unless otherwise stated.
- Pincity.com reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located on the Pincity.Rewardz™ Web site in the Member Services area under Terms of Service.
- Member's non-termination or continued use of Pincity.Rewardz™ constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.
- Pincity.com reserves the right to modify or discontinue the Pincity.Rewardz™ service with or without notice to Member.
- Pincity.com shall not be liable to Member or any third party should Pincity.com exercise its right to modify or discontinue the Pincity.Rewardz™ service.
- All notices given by Pincity.com to you will be given by email, regular mail or by general posting on the Pincity.Rewardz™ Web site.
- Member agrees to indemnify and hold Pincity.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of Pincity.Rewardz™ or violation of this Agreement.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Nevada, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules.
Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
- This contract shall be governed by the law of the State of Nevada, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.
- Member and Pincity.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
- This Agreement constitutes the complete and exclusive understanding between Pincity.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
- If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
- Pincity.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pincity.com in writing.