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BLK DYMND Rewards

Terms of Service

Effective date: December 31, 2022

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

SECTION 37 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.

These Terms of Service (the "Terms") are a legal document between you ("you", "your") and ATAR Investments LLC dbd BLK DYMND Rewards. ("BDR", "BLK DYMND Rewards," "we" "our", or "us") a Pennsylvania corporation.

 

BLK DYMND may provide services including, but not limited to, the BLK DYMND Rewards™ Program (the "Program") via our websites and mobile applications ("App") (collectively the "Services") to you subject to these Terms. BLK DYMND is the owner and operator of the Services. Please ensure you read these Terms carefully before using the Services. By using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies, and guidelines incorporated and referenced herein. If you do not agree to all provisions of these Terms, do not use the Services.

 

OUR PROGRAM

 

1. Your Interaction with Our Participating Brands. The BLK DYMND Rewards Program allows you to engage with our participating brands to acquire points and/or bonus points. By using our App, website, and/or participating in our Program, you are directing BLK DYMND Rewards to share your personal information you provide us by registering and earning rewards with all our participating brands, regardless of your actual interaction with each. The value you receive in participating in our Program is calculated by and depends on the amount and nature of your interaction with our participating brands to obtain points. For a list of our participating brands, which we update from time to time, visit https://www.blkdymndrewards.com. In addition, by uploading receipts, participating in a Challenge or taking a Survey offered by a Partner, you are using BLK DYMND Rewards to intentionally interact with all our participating brands who provide points in our Program. Our participating brands may engage with you, including by sending you emails, and use your personal information according to their respective privacy policies. You understand that BLK DYMND does not control and is not responsible for such engagement or policies. If you no longer want to share your personal information with all our participating brands, please stop using the Services and delete your account at any time.

 

2. For Your Personal Use. The Services are for your own use only, and you may not resell, lease, or provide them in any other way to anyone else. You must be of the age of majority in your jurisdiction to use our Services. The Services are not directed at children under 13 years old, and BLK DYMND does not knowingly collect or maintain personal information from children under 13 years of age.

 

YOUR ACCOUNT

 

3. Registration; Registration Data. Subject to your continued compliance with these Terms, you may register for one (1) account with BLK DYMND. If you have been previously suspended, removed, or otherwise deactivated from using the Services, you may not create or register another account to use the Services. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); and (b) maintain and promptly update the Registration Data, and any other information you provide to BLK DYMND Rewards, and to keep it accurate, current and complete. We are not responsible for any loss you suffer as a result of your not keeping your Registration Data current. You may also upload a profile photo for your account. You grant BLK DYMND a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, display, modify, adapt, create derivative works from any photos or materials you provide or upload to us through the App. You agree that any photo you upload as your profile photo:(i) will be owned or licensed by you to be used as your profile photo or as otherwise provide to us and that you have all rights allowing you to use the photo accordingly; (ii) will not infringe the intellectual property rights of others; and/or (iii) will not be offensive, harassing, violent, pornographic, or otherwise inappropriate. Although we have no obligation to monitor or screen any photos or materials you provide or upload to the App, we reserve the right to remove any photos or materials we deem as inappropriate within our sole discretion and without notice to you.

 

4. Your Account Security. When you create and register your account with us, you choose a user name and password and may choose another device authentication method. You are responsible for maintaining the security of your password and device and to supervise use of your account. You must notify us immediately via the contact information provided below if you suspect any unauthorized use of or access to your account. You will not share or transfer your account or password with or to anyone. We assume that anyone using the Services or transacting through your account is you.

 

5. Inactivity of Your Account Your account will be deemed inactive and your then currently existing unused Points will expire if you at any time request to stop participating in the Program by interacting with our Participating Brands as set forth in Section 1 above or if you do not do either of the following in any ninety (90) day period: a) scan, submit, and fully process a receipt for Points using the Services; or b) redeem any Points for a Reward. After sixty (60) days of inactivity, BLK DYMND will provide you thirty (30) days notice by sending an email or text message to the email address or phone number provided in your Registration Data that your account will be considered inactive and your Points will expire. Prior to the effective account inactivation and Points expiration date, you may prevent your account from becoming inactive and your then currently existing unused Points from expiring by doing either of the following: i) logging in to your account and successfully scanning and fully processing a valid receipt for Points (with the BLK DYMND Rewards mobile application); or ii) redeeming your Points for a Reward. While expired Points cannot be recovered, you may reactivate your inactive BLK DYMND account by logging into your account and submitting a receipt (in the BLK DYMND Rewards mobile application). If you reactivate your account, you agree to all the Terms as then currently stated.

 

POINTS AND REWARDS

 

6. How to Earn Points. BLK DYMND's App allows you to participate in our Program to interact with our participating brands to earn Rewards Points ("Points") from them for purchasing qualifying brands, completing special offers ("Offers"), or by completing other activities including taking surveys, entering a referral code, or engaging in any other activity as described in our App or Program. For more information on earning points, please review the document "How to Earn Points". In order to earn points, any receipt you scan must contain a description of the product specific enough to confirm that the purchase was made. When you provide BLK DYMND a receipt, by uploading, linking an account with receipt information, or other means made available by BLK DYMND, you allow BLK DYMND to process the information and identify the details printed on that receipt. If you purchased a product qualifying for Points or a valid Offer according to the terms of that Offer, and the receipt clearly describes a qualifying product, we will provide you Points on behalf of the participating brand or in accordance with the Offer. We may not be able to accept or process receipts from some retailers, and so, Points will not be available for submitting those receipts. We do not accept receipts and will not award Points for purchases for transactions that are older than 14 calendar days. BLK DYMND may limit the number of receipts that can be processed by you in a period of time to a maximum quantity, as notified in the services.

 

7. Points May Be Redeemed for Rewards. When your Points balance reaches the Minimum Redemption Amount, ("Minimum Redemption Amount" shall mean the minimum value of Points required to redeem any Reward offered in the Services ("Reward"), which is subject to change at any time at the sole discretion of BLK DYMND), you may redeem your Points. Points can only be used in exchange for Rewards and have no other use or value. There is no automatic redemption of Points. No interest is accrued on Points. Points may be redeemed for Rewards at the rate specified in the Services at the time of redemption. BLK DYMND does not guarantee that any particular Reward or Offer will be available on any given product for any specific user at any moment in time. Furthermore, not all Rewards or Offers may be available to all users at all times, and different Rewards or Offers may be available only to certain users. Items for which Rewards are or will be available are subject to change without notice. BLK DYMND reserves the right to change, remove, discontinue or otherwise alter the available Rewards or Offers at any time.

 

8. Redemption Process. When you make a request to redeem Points for a Reward, you must elect within the App the Reward, which could be a gift card or other product offered as a Reward, you want to receive in exchange for your Points. Once a redemption request is approved and the Redemption Item is authorized by us, your Points balance will be reduced by the number of Points designated to the Redemption Item selected by you. All Redemption Items are non-refundable, and may not be returned or cancelled unless specifically offered to cancel in-app. We are not responsible or liable for any loss or delay of any Redemption Item once you have redeemed your Points. If you have any questions or concerns with the redemption process, you may contact us at support@blkdymndrewards.com.

 

9. No Cash Value; Points Cannot Be Transferred. BLK DYMND Rewards users have no property rights in Points, and Points can only be used as described here. Points have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash. Your Points balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Points of any other member in the Program. Points may not be brokered, bartered, attached, pledged, gifted, or sold. Expired Points cannot be redeemed, and you must be an active member of the Program in order to redeem Points.

 

10. Receipt Scanning and Item Accuracy. Receipt scanning technology is not always accurate. If an item is improperly identified, either by product name, size, or price, please consult the appropriate in App process to resolve this inaccuracy. If this does not resolve the issue, please contact our support team. In the Services, the receipt correction processes may not be available for certain receipt types. In addition, you may have a limited period of time, as stated in the App, in which you are allowed to correct your receipt(s). You are responsible for reviewing your scanned receipt to confirm accuracy. BLK DYMND or any other affiliated business, participating brands, and/or retailers are not responsible for any inaccuracies in this process, and resolution through the in-App process and through our support team is your sole remedy.

 

REFERRAL PROGRAM

 

11. Referral Program Description and Terms. From time to time, and at BLK DYMND's sole discretion, we may offer bonus Points, Points, or other rewards when a new user you choose to refer becomes a user of the BLK DYMND Program (a "Referral Program"). Any such Referral Program shall be subject to the additional terms and conditions set forth in the offer or App. When you participate in a Referral Program, we provide you a link, some pre-formatted text relating to BLK DYMND, and a referral code to send your friend. It is within your sole discretion whether, how, and to whom you send the link, the pre-formatted text, and referral code. You acknowledge that you do not share any of your friend's information with BLK DYMND in connection with a Referral Program, and BLK DYMND itself does not directly send any referral codes to your friends. You agree that you will obtain all necessary permissions and consents from an individual before referring that individual to us in a Referral Program and inform the individual: (a) that we are not the sender or initiator of any messages or communications that you send to that individual relating to the Referral Program; (b) that you are not acting as our agent in sending any such messages or communications; and (c) that you may be receiving a referral bonus if the individual becomes a new user of BLK DYMND. Current or Inactive former users of the Services cannot qualify as new users for purposes of a Referral Program, and any attempt to create referrals to non-existent individuals or to multiple accounts for the same individual will be void and are in violation of these terms. We reserve the right to void or take any other action we deem appropriate with respect to referrals, including if a referral code is shared in a social media post or from a social media account that contains offensive, harassing, violent, pornographic, or otherwise inappropriate content. BLK DYMND may discontinue and/or revoke any Referral Program or incentive program in its sole discretion at any time without notice. BLK DYMND Rewards reserves the right to decline to award referral bonuses, rescind bonus Points credited, or take any other action related to a Referral Program.

 

12. Refer a Friend. When you participate in our "refer a friend" program ("Refer a Friend"), we designate you as an "advocate" with respect to the friend that you refer If you refer a friend to sign up using the Refer a Friend referral code that you provided, we will provide you the Points associated with that particular Refer a Friend offer once your friend successfully scans their first receipt, and we will let your friend know that their advocate has received points for the referral. We will also let you know that your friends have signed up and notify you when they scan their first receipt.

SMS TERMS OF SERVICE

 

BLK DYMND Rewards Alerts

 

13. You agree that BLK DYMND Rewards may send transactional text and/or SMS messages, including important account notices, such as point expiration warnings and account security notices to the phone number you used to register your account or any phone number you provide to us in updating that information.

 

14. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

 

15. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@blkdymndrewards.com.

 

16. Carriers are not liable for delayed or undelivered messages.

 

17. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

 

18. If you have any questions regarding privacy, please read our Privacy Policy.

 

19. We will obtain your consent for marketing text and/or SMS messages separately and will provide you any necessary or required information relating to marketing text and/or SMS messages at that time.

 

Prohibited Conduct and Content

 

20. In using our App or services, you agree that you will not:

 

Violate any applicable law, contract, intellectual property right, third party right, or commit a tort;

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

Use or attempt to use another user's account or information without authorization from that user and BLK DYMND;

Attempt to access or acquire information relating to others on our App for which you do not have specific authorization or consent;

Impersonate any person or entity or otherwise misrepresent your relationship with a person or entity;

Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our App that you are not authorized to access;

Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; and

Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes.

MISCELLANEOUS

 

21. Fraudulent Activity. Any form of fraudulent activity is a violation of these Terms. BLK DYMND may take any action in its sole discretion against any activity it deems fraudulent, including deducting some or all of your Points, terminating your account, and taking any other legal or equitable action which may be available to us. Fraudulent activity includes any action that is deceptive or an attempt to gain Points not in accordance with these Terms and includes but is not limited to, creating fake receipts, fake accounts, submitting altered receipts, submitting receipts for purchases not made by you, and/or buying products and returning them. You may dispute an action that BLK DYMND deems fraudulent by contacting BLK DYMND at (support@blkdymndrewards.com) within thirty days of Points deduction (or other action) as a result of fraud. After 30 days, you waive any right to future claim or dispute to the deactivation decision by BLK DYMND.

 

22. Our Communications with You. We send notices to the email address you maintain in your Registration Data. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you from BLK DYMND or our participating brands (which may include service providers) outside or inside the Services ("Messages"). You have control over the Messages settings, and can opt in or out of these Messages through the features available for each specific means of Messaging, such as through the Services or through your devices' operating system. Some Messages are transactional in nature and you cannot unsubscribe from them. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. You are responsible for keeping your Registration Data current to avoid missing notices about your account or changes to our Terms or a notice regarding termination of the Program.

 

23. Privacy Policy. Please refer to BLK DYMND's Privacy Policy for information on how BLK DYMND collects, uses and discloses personally identifiable information from its users. By agreeing to these Terms or using the Services, you agree to our collection, use and disclosure of your personally identifiable information and that we have provided you notification of our privacy practices in our Privacy Policy. The Privacy Policy can be found here: https://www.BLK DYMNDrewards.com/privacy-policy/

 

24. Intellectual Property. Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the BLK DYMND Rewards name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of BLK DYMND Rewards or its licensors and are protected by United States and international copyright or trademark laws. All rights to the Content are expressly reserved by BLK DYMND. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of BLK DYMND Rewards or any third party without the prior written permission of BLK DYMND Rewards or such other party that may own such patent, trademark, copyright or other proprietary right(s).

 

25. Limited License. BLK DYMND Rewards grants you a personal, non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of BLK DYMND Rewards is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You may contact BLK DYMND Rewards at support@blkdymndrewards.com to request permission for uses of Content not included in the license.

 

26. Your Warranties. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.

 

27. Copyright Policy and Complaints. BLK DYMND takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our App infringes any copyright that you own or control, you may notify BLK DYMND's designated agent as follows:

 

Designated Agent: Copyright Agent

Address:

6401 Penn Avenue

Pittsburgh, PA 15206

Telephone Number: (412) 444-7414

E-Mail Address: support@blkdymndrewards.com

 

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to BLK DYMND for certain costs and damages.

 

28. Advertisements, Promotions, and Third Party Content. BLK DYMND Rewards may, from time to time, run advertisements and promotions on behalf of third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, parties other than BLK DYMND Rewards, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. All third party content, including without limitation, any descriptions and images of, and references to, third-party products or services available in connection with the Services, advice, recommendation or opinion, Offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such third party content is endorsed by us, nor is there any representation or warranty by us that the third party content is reliable, accurate, timely, complete, effective, or safe for your use. All third party content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any coupon, Offer or promotion featured through the Services are subject to change at any time without notice.

 

29. Disclaimer of Warranties. We take reasonable steps to provide the Services in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Services may be incorrect or not current. Further, the Internet has inherent risks, and we cannot guarantee that your access to and use of the Services will be uninterrupted or error free or that the Services, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for reconstruction of any of your lost data. You are responsible for making sure your Registration Data is correct and current. The products that you purchase for Points that may be awarded that are associated with BLK DYMND Rewards Offers are not sold or endorsed by us, and we have no responsibility for them or for any loss or damage you may suffer from purchasing or using them. BLK DYMND Rewards is not responsible for typographical errors or omissions relating to pricing, text or photography. BLK DYMND Rewards is not responsible or liable for any loss or damage of any sort incurred as the result of dealings third party promotions or as the result of the presence of third-party advertisers on the Services. YOUR USE OF THE SERVICES AND THE CONTENT PROVIDED ON THE WEBSITES AND MOBILE APPLICATIONS IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT PROVIDED THROUGH THE WEBSITE AND MOBILE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE SERVICES, THE MOBILE APPLICATIONS OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.

 

30. Limitation of Liability. BLK DYMND REWARDS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "BLK DYMND REWARDS PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, CONTENT, OR APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM THAT YOU MAY HAVE RELATING TO THE SERVICES OR MATERIALS IS YOUR RIGHT TO CEASE USE OF THE SERVICES AND MATERIALS.

 

31. Indemnification. You agree to defend, indemnify and hold harmless BLK DYMND, its affiliates, officers, gents, employees, and partners arising from or in any way related to any third party claims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services other than as expressly authorized in these Terms of Service, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

 

32. User Communications. You may be able to provide responses, comments, reviews, recommendations, information, or suggestions and submit questions through the Services or through third-party services (collectively, "User-Generated Content"). To the extent you publicly post User-Generated Content, you agree that it will not be harassing or otherwise inappropriate or unrelated to the Services. We are not responsible for the content of User-Generated Content, including its accuracy or quality, but we may monitor the submission of User-Generated Content in our sole discretion. We cannot control and have no duty to take any action regarding how you may interpret third party User-Generated Content, and you hereby release us from any and all liability relating thereto. You are responsible for all your own activity in connection with the Services and User-Generated Content. User-Generated Content will become BLK DYMND's property and may, at BLK DYMND’s sole discretion, be licensed to, transferred to, or shared with any third-party. You hereby relinquish and assign to BLK DYMND the worldwide, royalty free, right, title, and sublicensable license to run, use, re-use, implement, copy, display, transfer, share, and create derivative works from User-Generated Content in whole or in part, in any form (including for commercial, promotional, or marketing purposes) including any opinions, ideas, concepts, know-how, or techniques contained therein for any purpose.

 

33. Linking and Third-Party Websites. The Services may contain links or connections to third party websites or services that are not owned or controlled by BLK DYMND. When you access third party websites or use third party services, you accept that there are risks in doing so, and that BLK DYMND is not responsible or liable for your use of such third-party websites or third-party services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Your interactions with third-party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services (for example, your purchases of goods from your local grocery store), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

 

34. Withdrawing from BLK DYMND Rewards; Cessation, Suspension, and Termination. You are free, at any time, to withdraw from our Program or to stop using the Services by contacting us at support@blkdymndrewards.com, or if you stop using the App for 90 days or more, your account will automatically become inactive, as set forth above. BLK DYMND may also terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including if you violate any of these Terms. BLK DYMND has the sole discretion to determine whether you are in violation of these Terms. Account termination may result in destruction of any Content associated with your account. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, otherwise harmful to the rights or property of BLK DYMND, or for any other reason deemed reasonable by us. BLK DYMND may also stop providing the Services at any time. If we cease providing the Services, we will notify you at the email address you provide in your Registration Data, and if practicable, we will provide you thirty (30) days notice to make a redemption request (subject to our Minimum Redemption Amount of existing gift card requirement described above). If you do not make a redemption request within such thirty (30) day period, your entire Points balance will expire. If you cancel or inactivate your account, any then currently existing Points will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to our Minimum Redemption Amount of Points balance requirement described above) before cancellation or inactivation.

 

35. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BLK DYMND's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations in our sole discretion.

 

36. Applicable Law and Venue. Subject to Section 44 below, these Terms are governed by and will be construed under the laws of the State of Pennsylvania, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in a court of competent jurisdiction in the State of Pennsylvania, Allegheny County. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Pennsylvania.

 

37. MANDATORY ARBITRATION; CLASS ACTION WAIVER. You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury ("Arbitration Agreement"). This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which are available at www.adr.org. The arbitrator's fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys' fees. The arbitration proceeding will take place in Pittsburgh, Pennsylvania, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator's decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party's intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.

 

38. INFORMAL RESOLUTION. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except as provided below. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at:

 

BLK DYMND Rewards, LLC., Legal Department

6401 Penn Avenue

Pittsburgh, PA 15206

Attn: Legal Department

 

If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you. IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICE IS SUBJECT TO SECTION 44 ABOVE.

 

39. LIMITED TIME TO BRING A CLAIM. YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.

 

40. WAIVER OF JURY TRIAL. YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and BLK DYMND are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 44 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

 

41. Taxes. You agree that you are solely responsible for all applicable federal, state, local or provincial withholding, taxes, and government fees or costs associated with Points or Rewards and any exchanges and distributions.

 

42. Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms that relate to any disputes between you and BLK DYMND.

 

43. Severability. If any provision of the Terms is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms shall be unimpaired and shall remain in full force and effect.

 

44. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and BLK DYMND agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BLK DYMND, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You agree that BLK DYMND has not made, and you have not relied on, any representation by BLK DYMND relating to the Rewards, the Services, or the BLK DYMNDrewards.com website or mobile application other than those expressly set forth in these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind BLK DYMND in any respect whatsoever. You and BLK DYMND agree there are no third-party beneficiaries intended under these Terms.

 

45. Changes to these Terms. BLK DYMND may make changes to or update these Terms of Service for business, legal, or other reasons, and will indicate those changes by updating the Effective Date above. BLK DYMND reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline relating to the Services (including, without limitation, the Privacy Policy at any time and in its sole discretion, including terminating the Program which may result in expiration of any Points accumulated. From time to time you should review the Terms of Service and any changes in policies, guidelines and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms are always available to you and will show the "Effective Date" at the top of the page to let you know when they were last changed. We offer our Services only in accordance with our Terms. If you do not agree to any Terms at any time, you must immediately stop using the Services and any balance of Points in your account will expire according to Section 5 under "Inactivity". If you have any questions about the Terms, please submit a request at support@blkdymndrewards.com. Unless otherwise specified, and subject to applicable law, any changes or modifications to our Terms will be effective immediately upon posting of the revisions through the Services that are changed or modified, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.

46. Billing for Merchant Partners

BLK DYMND Rewards offers a free and paid Service for Businesses that agree to be Merchant Partners. You can learn more about BLK DYMND Rewards’ various subscription offerings here. Pricing may vary based on the plan chosen and will be based on the billing information you provide us at the time of purchase. The Team Owner will be billed for and is responsible for payment of subscription fees.

a. Subscriptions and Renewals. If you are subscribing to BLK DYMND Rewards, you can sign up for a monthly subscription. Your subscription will automatically renew on a monthly basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

b. Affiliate Agreement. BLK DYMND Rewards will receive an affiliate commission fee from the Merchant Partner. 

THEREFORE, in consideration of the mutual promises herein, the Parties agrees as follows:  

1  DEFINITIONS.

Capitalized terms used and not otherwise defined in this Agreement shall have the following meanings:

 

(a) “Completed Transaction” means the goods or services of the Merchant Partner ordered by a Customer have been delivered, the return period has expired, and thirty (30) days has elapsed since the goods or services were paid for in full.

 (b) “Customer” means any person or party who downloads a receipt on BLK DYMND Rewards after they purchase goods or services on the Merchant Partners Site or in the Merchant Partners store within 60 days of making a purchase.

 (c) “Net Sale Price” means the total received in US Dollars (after conversion from non-US currency to US Dollars, if necessary) from the Customer less (i) any tax collected by the Merchant Partner for or on behalf of any governmental or taxing authority (such as a sales tax or VAT), (ii) shipping and handling charges, (iii) restocking fees, (iv) credit card or other charges by attributable to the payment method used by the Customer, (v) currency conversion fees, or (vi) discounts, credit or allowances granted by the Merchant Partner in its sole and absolute discretion.

(d) Merchant Partner means a business that agrees to showcase their business on BLK DYMND Rewards by agreeing to the terms and conditions.

(e) Affiliate Site means the BLK DYMND Rewards Incorporated mobile application.

2  AFFILIATE SITE AND CONTENT.

BLK DYMND Rewards has sole and exclusive responsibility and liability for the development, operation, maintenance and all materials and content that appear on the Affiliate Site. They  shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules and regulations. 

3  COMPENSATION FOR YOUR REFERRED TRAFFIC.

Subject to Merchant Partners products and business being marketed on the Affiliate Site, BLK DYMND Rewards will be compensated based upon the Net Sale Price from Completed Transactions. BLK DYMND Rewards’ compensation (the “Fee”) shall be in accordance with the attached Schedule of Fees.

This fee will be based on the product of the affiliate rate chosen by the merchant partner and the Net Sale Price of the goods or services that is captured by the user's receipt. The receipt must be submitted within 60 days of the purchase transaction by the user in order to be billed by BLK DYMND Rewards.

The Fee will be offset with respect to each Completed Transaction for which (a) the Merchant Partner issues discounts, credits or allowances, or (b) there is a chargeback issued against the Merchant Partner for any payment previously credited to the Merchant Partner.

The Fee relative to Completed Transaction shall be payable to BLK DYMND Rewards Incorporated on or before the  last day of the following month.                                                                                                                      

All Fees are payable in U.S. Dollars.

Notwithstanding the foregoing, if and to the extent you are required to file or provide certain documentation for tax and other governmental purposes, payment of the Fees may be suspended pending completion of such documentation.

4  FULFILLMENT AND CUSTOMER INFORMATION.

The Merchant Partner is solely responsible for processing and fulfillment of all orders of goods and services on the Site or in their store, which shall be governed by the terms and conditions established by the Merchant Partner in its sole and absolute discretion. All information submitted on receipts about such orders and the Customers are the sole and exclusive property of BLK DYMND Rewards.

Additionally, you agree that the BLK DYMND Rewards may collect, process and sell certain information about the Merchant Partner’s data.

5  LIMITED LICENSE RIGHTS.

You agree to place one or more of the Links on the Affiliate Site. Links may contain logos, trademarks, service marks (collectively, “Marks”). Pursuant to this Agreement, the Merchant Partner grants you a limited, non-exclusive, non-transferable and revocable license to display the Links on the Affiliate Site, and nowhere else, subject to the terms and conditions of this Agreement. You may not use the Links or the Marks for any other purpose absent the express written consent of the Merchant Partner. You may not change, add to or delete from the Links or Marks. You may not use the Marks independently of the Links for any purpose without the Merchant Partner's express written consent; and you may not use or present the Links in any manner that suggests the endorsement of or by any other goods, services, persons or entities without the express written consent of the Merchant Partner. In addition, you agree to not (a) acquire or attempt to acquire, register or attempt to register, make a claim to or in any way use domain names, trademarks, service marks, keywords, handles, screen names or other forms of identification incorporating the Marks; or (b) not to use the Marks in a way that suggests that the source of the Affiliate Site is the Merchant Partner.

All intellectual property rights in and to the Marks, and any goodwill generated by your use of the Marks shall inure solely to the benefit of the Merchant Partner.

Upon suspension of this Agreement, the rights granted herein may, in the Merchant Partner's sole discretion, be suspended. Upon termination of this Agreement, the rights granted in this section shall automatically terminate.

 

6  REPRESENTATIONS AND WARRANTIES.

(a) The Merchant Partner is legally capable and authorized to enter into this Agreement; and, if you represent an entity, all actions necessary to authorize you to enter into this Agreement have been taken. 

(b) BLK DYMND Rewards is  the sole owner and operator of the Affiliate Site. 

(c) The Affiliate Site does not and shall not:

(i) depict anyone less than eighteen (18) years of age;

(ii) contain material subject to 18 USC §2257 (but if it does, you will notify us not less than thirty (30) days in advance of such inclusion and you will comply in all respects therewith);

(iii) contain any information which you know or reasonably should know is false;

(iv) contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other device without the Customer’s express and knowing consent as to the exact nature, purpose and function of such apps or programs;

7  DISCLAIMERS.

The Merchant Partner makes no representations or warranties as to the Site. To the maximum extent of the law, the Merchant Partner disclaims all representations, warranties and conditions, express and implied, including the warranties of merchantability, fitness for particular purpose, title and non-infringement. The Site is provided “as is.”

8  LIMITATION OF LIABILITY.

IN NO EVENT WILL THE Merchant Partner BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY.

IN NO EVENT SHALL THE LIABILITY OF THE Merchant Partner ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID TO YOU BY THE Merchant Partner. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.

For purposes of this section, any reference to “the Merchant Partner” shall include the Merchant Partner's affiliates, officers, employees, principals, agents and contractors.

c. Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with BLK DYMND Reward, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

d. Cancellation. You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

e. Free Trials and Pilots. BLK DYMND Rewards may offer you a free trial or pilot to allow you to try our Service. BLK DYMND Reward reserves the right to set eligibility requirements and the duration for free trials and pilots.

At the end of your free trial, BLK DYMND Reward will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.

f. Changes to Pricing. BLK DYMND Rewards reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

47. Questions. If you have any questions regarding these Terms or your use of the Services, please submit a support request to support@blkdymndrewards.com., or contact us at:

 

BLK DYMND Rewards, Inc.

6401 Penn Ave

Pittsburgh, PA 15206

























 

Exhibit A - Schedule of Fees

 

The Commision Fee is the product of the Commission rate and Net Sale Price

 

Commission Rates

 

Tier

Free

Entry

Standard

Business Pro

Rate

0%

3%

6%

Negotiated

 

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