Bangor Savings Bank Credit Card Rewards Agreement
This Bangor Savings Bank Credit Card Rewards Agreement (“Agreement”) is made by and between you (“you” “your”) and Bangor Savings Bank, an FDIC-insured bank chartered by the State of Maine (“Bank” “we” “us” “our”). This Agreement contains additional terms and conditions governing your membership and participation in the Bangor Savings Bank everblue® credit card rewards program, which includes the uChoose Rewards® Program, and any related promotion, product, or service (“Rewards Program”) related to your eligible Bangor Savings Bank everblue® credit card (“Card”) and the associated line of credit account (collectively, your “Account”). This Agreement supplements, forms part of, and is incorporated by reference into your agreement(s) with Bangor Savings Bank governing your Card or Account (“Cardholder Agreement”). This Agreement includes, and incorporates by reference, the uChoose Rewards® Program Terms and Conditions and the uChoose Rewards® Program Redemption Terms and Conditions. By accepting this Agreement, earning or redeeming Points, or accepting, using, or maintaining your Rewards Card, you agree to be bound by this Agreement, and agree to all of the Rewards Program features, limitations, and restrictions contained in this Agreement as well as any additional terms and conditions contained in the Rewards Program, promotions, or transactions that may be offered to you from time to time and any terms and conditions contained in any certificate, coupon, or document issued to you under the Rewards Program.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION PURSUANT TO THE FEDERAL ARBITRATION ACT AND WAIVER OF YOUR RIGHT TO JOIN A CLASS ACTION. PLEASE SEE THE ARBITRATION PROVISION BELOW FOR INFORMATION ABOUT RIGHTS YOU MAY HAVE TO REJECT THE ARBITRATION PROVISION.
1. Eligibility. To be eligible to participate in the Rewards Program, you must have a Bangor Savings Bank everblue® Business Rewards Plus Mastercard, everblue® Cash Back Plus or everblue® Cash Back Plus World Card, and an associated Account, that are open, active and in good standing, and you must meet our other eligibility criteria that we may impose or change from time to time. We may change the types of Cards and Accounts that are eligible for use with this Rewards Program at any time. Eligibility is subject at all times to our discretion. We may require you to provide additional information to verify your eligibility to earn Points, and you will not be able to earn Points or participate in the Rewards Program if you do not provide the requested information within the required timeframe. There are benefits offered under this Rewards Program and by our partners which may not be available to all cardholders. Please contact us if you have any questions about the benefits of your Bangor Savings Bank credit card.
2. Earning Rewards. You may earn Points for making eligible Purchases with your Card. “Points” are promotional rewards provided to you under the Rewards Program, which are awarded to you when you make eligible purchases with your Card, and can be redeemed for cash back and other items as described in this Agreement. The uChoose Rewards® Program Terms and Conditions provide additional terms and conditions governing your ability to earn and accrue Points under the Rewards Program. All rewards that you earn under this Agreement are earned in the form of Points, and any offer to earn “cash” or any item other than Points in connection with this Rewards Program may require you to redeem your Points for cash, a statement credit, or other items as described below.
“Purchases” include purchases of goods and services that you make at merchant points of sale using your Card, minus the amount of any returns, refunds or discounts. The amount of the Purchase is determined by us in our sole discretion, and generally includes the purchase price of the item purchased in the Purchase transaction, plus applicable sales tax and shipping charges, but excludes returns, and may exclude other fees and surcharges charged by us or any third-party in connection with the Purchase. Purchases do not include: the use of checks that access your Account, balance transfers, cash advances, ATM transactions, quasi-cash and cash-like purchases (including, but not limited to, the purchase of travelers checks, foreign currency, cryptocurrency, money orders, wire transfers, and general purpose stored value cards), interest and fees incurred on your Account, unauthorized transactions, prohibited transactions, erroneous transactions, “split tender” transactions that are not paid for in full using your Card, purchases made in whole or in part by redeeming Points, purchase of items returned for credit, gambling and betting transactions, transactions with merchants assigned an ineligible MCC (defined below), transactions we believe are made for a purpose prohibited by your Cardholder Agreement or inconsistent with the purpose for which you obtained the Card, transactions that cause you to exceed your credit limit, and any other ineligible transaction on your Account as determined by us in our sole discretion from time to time. Additionally, purchases using a third-party payment account or wallet (such as PayPal) will not be eligible for accruing Points. Questions concerning eligible transactions will be determined in the sole discretion of Bank. The amount of each Purchase for which Points are awarded to you will be measured in U.S. Dollars, at an exchange rate determined by us if the transaction is made in foreign currency, and will be rounded down to a whole-dollar amount for purposes of determining the number of Points to be awarded. Points are earned after enrollment in this Rewards Program, and no Points will be provided retroactively, or during any time when you are in default under the Cardholder Agreement. Points cannot be combined with other discount or reward programs unless specifically authorized by us.
Points will be earned and calculated at a rate that we determine from time to time. The number of Points that you may earn for each Purchase may vary based on various factors, including, without limitation, the types and dollar amounts of Purchase, your participation in a promotion we may offer, and the information provided to us by the payment network processor of the merchant from which you make the Purchase.
We may offer you the ability to earn Points at a higher rate on Local Purchases. A “Local Purchase” is a purchase made with a merchant that has a Card Acceptor ID registered to an address in New Hampshire or Maine, as determined by us in our sole discretion. Not all Purchases made at a physical location in New Hampshire and Maine are Local Purchases. A merchant that has a physical location or point of sale in New Hampshire or Maine may have a Card Acceptor ID registered to an address outside of New Hampshire or Maine. Purchases made with those merchants are not Local Purchases and are not eligible for earning Points at the higher rate for Local Purchases.
Merchants who accept the Card are assigned a merchant code (“MCC”), which is determined by the merchant or its processor in accordance with card brand procedures based on the kinds of products and services they primarily sell. As such, even though a merchant may sell retail items that may be similar to retail items sold by another merchant, the merchants may not have the same merchant code, and therefore the purchases at the merchants may not be included in the same category for the purposes of earning Points. Purchases using the Card must be submitted by merchants using the identified merchant category codes to qualify for earning Points. We are not responsible for incorrectly coded transactions. We may permit or restrict your ability to earn Points on Purchases you make from merchants that are assigned certain MCCs.
We may offer you the ability to earn a “sign up bonus” or similar award if you complete certain actions and meet certain criteria in connection with opening a new Card or Account. In order to earn a sign up bonus, you must make eligible net Purchases in the amount stated in the offer and related documents provided by us in connection with your new Card, and take any other actions we require, within a certain amount of time after you open your Account, as stated in the offer. Sign up bonuses are not offered for all Card programs. We also may offer you the ability to participate in additional promotions from time to time which offer you the ability to earn additional Points by completing certain actions or meeting certain criteria. To be eligible to earn the sign up bonus or other promotion, Purchases and other transactions required to earn the sign up bonus or other reward must post to your account, according to our records, within the time period stated in the offer. You may be ineligible to earn more than one sign up bonus within a 48 month period, even if you open more than one Card or Account for which we offer a sign up bonus during that time. Your eligibility to earn a sign up bonus and participate in promotions is in our sole discretion. We may limit your ability to earn Points, participate in more than one promotion, participate in any promotion more than once, or participate in any promotion if another member of your household participates in the promotion. Additional terms and conditions may apply to sign up bonuses and promotions and you agree to these terms by participating in the promotion. To be eligible to earn a sign up bonus or any Points associated with a promotion, your Account must be open and in good standing for the entire duration of the term of the promotion and until the time Points you earn are fulfilled and posted to your Rewards Account (defined below).
Points earned during a calendar month are posted to your Rewards Account (“Rewards Account”) typically by the 1st day or business day of the following calendar month. However, if a qualifying Purchase made during a month or billing cycle has not posted to your Account as of the last day of such month or billing cycle, then we may delay posting the Points to your Rewards Account until the 1st day of the second month or billing cycle following the month or billing cycle in which the Purchase was made. You will not earn Points for pending transactions and we may withhold the subsequent awarding of Points to you until after the transaction posts to your Account. You may review your Points balance by visiting your Rewards Account, which may be accessed by visiting bangor.com/everblue. Once posted to your Rewards Account, these Points are available to you should you choose to redeem them. There is no limit on the number of Points you can earn each year, however we reserve the right to impose a limit. If it has been more than thirty (30) days since you made a Purchase and Points are not reflected on your Rewards Account, please contact us toll free at 1.800.280.7411. If you believe your Points balance as reflected in your Rewards Account is inaccurate, you must notify us within ninety (90) days of the Purchase for which you believe Points were not awarded. Failure to notify us within ninety (90) days of the Purchase will result in the forfeiture of any Points that may have been earned in connection with such transaction. Points earned in connection with a sign up bonus or other promotion may take up to two (2) billing cycles after the promotion period expires to post to your Rewards Account.
3. Redemption. You may redeem any Points, which have been credited to your Rewards Account, by accessing your Rewards Account online through our website bangor.com/everblue, and following our instructions for redeeming Points. We may require you to visit www.everbluerewards.com or another third-party website in order to complete and submit request to redeem your Points. Redemptions are subject to Point availability and other requirements contained in this Agreement and the uChoose Redemption Terms and Conditions. Redemptions for goods, services, gift cards, travel, or experiences, as may be made available to you from time to time (“Redemption Items”), are available while supplies last, and we do not guarantee the availability or any aspect of the Redemption Items. Point redemption value is subject to change without notice.
In addition to redeeming the Points for Redemption Items, subject to the terms of this Agreement, you may redeem Points for a statement credit at a rate determined by us in our sole discretion, and disclosed to you at the time you request to redeem your Points. Any statement credit will be applied to any balance you may have on your Account, in our sole discretion. However, such redemptions do not count toward your minimum monthly payment obligation. Your minimum monthly payment on the Rewards Account will still be required even if the amount of the statement credit redemption is greater than the minimum payment due. A statement credit will typically post to your Account within seven business days after redemption, but it may take longer and we are not responsible for any delay. In the event the applicable Account has no outstanding balance or the outstanding balance is less than the statement credit redemption amount, then the statement credit redemption, in whole or in part, may be denied. However, you may request to redeem the Points for a statement credit at a later time when there is an outstanding balance on your Account that is greater than the statement credit you request.
We may offer you the ability to redeem your Points for cash which we deposit directly into an eligible deposit account. If we do, you must link an eligible deposit account to your Rewards Account. To be eligible, you must own and be authorized to use the deposit account for the purposes described in this Agreement, the deposit account must be provided and held by Bangor Savings Bank, must be a checking account that is associated with and accessible by a debit card issued to you by Bangor Savings Bank, and meet all other eligibility requirements that we may impose from time to time. You grant us a right of offset against any cash you obtain by redeeming Points, in order to satisfy any obligation you have to us.
Points do not expire. However, if the Account is closed or the Cardholder Agreement or this Agreement is terminated, you will forfeit all of your Points. If your Account is closed because the Card was reported as lost or stolen (subject to verification), and a new Account is opened for you, you will not forfeit your Points. All statement credits and Point redemptions are final. We reserve the right to modify the manner in which you may use or redeem Points. We do not guarantee the availability of any item for which you may redeem Points. We reserve the right to modify the manner in which statement credits are applied to your Account at any time. Your Points will not be available for redemption until posted to your Rewards Account regardless of the date of the transaction for which Points are earned.
We may use third-party networks to make certain Points redemption offers available to you and to manage the Rewards Program. You may be required to accept the terms and conditions of these third-party networks in order to participate in the Rewards Program and redeem your Points. We have sole discretion to use and change these third-party networks without notice to you.
Your Points may only be redeemed if your Account and your Rewards Account are in good standing and you are not in default of this Agreement or the Cardholder Agreement at the time you request to redeem your Points. Points earned in connection with an enrolled Account will be consolidated and reported in a single Rewards Account that is owned by the primary account holder of your Account. Consolidation of Points into one Rewards Account will be based upon the person, as determined by Bank, identified by name and Social Security number as the primary account holder on each Account. The primary account holder is the individual whose name appears first on the Account, as determined by Bank’s records. If you have a jointly owned Account or have authorized any other person to use your Card, Account or Rewards Account, you understand and agree that all Account holders and authorized users may redeem your Points, and you are responsible for any redemptions and other transactions made by all such users of your Rewards Account.
4. Restrictions on earning Points. Points are issued solely for loyalty, awards, and promotional purposes. You may not use your Points for a business or commercial purpose; provided, however, that if you are a business entity participating in this Rewards Program in connection with a commercial-purpose Card and Account obtained from us, you may use the Points internally for lawful loyalty and promotional purposes consistent with this Agreement and your Cardholder Agreement. Points are not your property and may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter). Points have neither cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed by us. Points cannot be used to offset any amount due from you to Bank on the Account, except as expressly permitted by this Agreement. When you request to redeem Points, we may elect to use any Points in your Rewards Account to effect the redemption, in our sole discretion, regardless of their expiration date or the order in which the Points were earned. The sale or barter of any Points is expressly prohibited. You may not repeatedly open or otherwise maintain a Card or Account solely for the purpose of earning Points.
If any transaction on which you earned Points is returned, reversed, or refunded for any reason, or if we determine in our sole discretion that you were not eligible for the Points you accrued, you will forfeit the Points. If the Points have already been credited to your Rewards Account then Points will be deducted from your Rewards Account, and may result in a negative Points balance. We may offset any negative Points balance against Points you earn on future Purchases.
We may temporarily suspend or permanently terminate your ability to earn or redeem Points at any time, with or without cause, including, but not limited to, if any of the following events occur:
5. Cancellation And Forfeiture Of Points. Points may be immediately canceled and forfeited, at our discretion, including if any of the events listed above in Section 4 occurs. We do not offer credits, exchanges, transfers, or refunds of Points that you do not redeem before your Points expire, are cancelled, or forfeited.
6. Merchants And Third-Party Service Providers. The merchants and third-party service providers that participate in the Rewards Program are not affiliated with us and are not sponsors or co-sponsors of the Rewards Program. All participating merchant and third-party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third-party service providers are subject to change without notice. Participating merchants and third-party service providers are responsible for the quality and performance of Redemption Items and any other products or services they provide, and Bank does not endorse or guarantee and is not responsible for any aspect of the Redemption Items, or any other products or services of participating merchants or third-party service providers.
Points are provided solely by Bank. Please contact Bank for any questions about your Points or the Rewards Program. For all questions or customer service inquiries about a merchant, a merchant’s website, a transaction you make with a merchant, or any Redemption Items or other goods, services or experiences you purchase or otherwise obtain in connection with your Card or this Rewards Program, please contact the merchant.
If you make a purchase of goods or services at a merchant, you are subject to their terms, return policy, and privacy policy. BANK WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY REDEMPTION ITEMS, GOODS, SERVICES, OR EXPERIENCES PURCHASED AT A MERCHANT OR OBTAINED BY REDEEMING YOUR POINTS, OR FOR ANY HARM, DAMAGES, OR LOSS IN CONNECTION WITH OR CAUSED BY SUCH REDEMPTION ITEMS, GOODS, SERVICES, OR EXPERIENCES, OR YOUR RELIANCE ON THE CONTENT, WEBSITE, OR BUSINESS PRACTICES OF A MERCHANT OR OTHER THIRD-PARTY.
Unless otherwise stated by us in writing, Redemption Items are provided by third-party merchants or suppliers, and are not provided by the Bank. Participation in this Rewards Program or redemption of your Points for certain Redemption Items may require you to agree to third-party terms and conditions, and third-party privacy policies (“Third-Party Terms”). For example, you may be required to agree to the Third-Party Terms of a financial institution or merchant that issues a gift card (“Gift Card Agreement”), or the Third-Party Terms of a common carrier or provider of travel accommodations or experiences (“Travel Terms”). Unless otherwise stated by us in writing, we are not a party to any Third-Party Terms, and we expressly disclaim all responsibility and liability arising from the Third-Party Terms and any person’s purchase or use of any Redemption Item. You must comply with all Third-Party Terms, and your breach of any Third-Party Terms may be deemed a breach of this Agreement, in our sole discretion. You expressly consent and agree that we may share your non-public personal information and information about your accounts with us to our service providers and other third parties that participate in, or provide services, in connection with this Rewards Program, and those parties may use and share your information in accordance with their respective privacy policies and Third-Party Terms.
Your Redemption Items, including tickets, experiences, travel, credits, gift cards and the underlying funds, may expire, and may be subject to fees, as set forth in the relevant Gift Card Agreement, Travel Terms, or other relevant Third-Party Terms. The Gift Card Agreement shall govern your rights and responsibilities in connection with any unauthorized transactions made on a gift card, errors, and gift cards that are lost, stolen, or used in a manner inconsistent with the Gift Card Agreement. You must contact the issuer of your gift card, using the contact information set forth in the Gift Card Agreement, to resolve any questions, complaints, errors, or other problems you may have with a gift card. Unless otherwise stated in the Gift Card Agreement, we are not the issuer of any gift card you obtain by redeeming Points.
We are not responsible for any delays, cancellations, damage or loss or theft of personal property, bodily injury, death, errors, or other losses or liability you may incur in connection with any travel or other Redemption Items you obtain in connection with this Rewards Program. Please see the uChoose Rewards Program Terms and Conditions for more information about how to resolve any other questions, complaints, or issues may have with a Redemption Item.
7. Amendments, Restrictions, Termination. We may add to, terminate, and/or change the Rewards Program at any time with or without notice to you. For example, we may change the amount of Points you can earn for making a Purchase at a qualifying merchant, impose additional eligibility requirements, such as limiting Points to purchases of certain products, impose caps on earning and/or using Points, change the eligibility requirements for the Rewards Program, offer or discontinue special promotions, change the Redemption Items for which you may redeem Points, change disqualifying events, place restrictions on or terminate your ability to earn Points, terminate your participation in the Rewards Program, or terminate all or parts of the Rewards Program. We may not notify you of such changes, unless required by applicable law. You acknowledge that in the event we make any of these changes, you may no longer be able to earn or use Points.
We will give you notice of changes to this Agreement by posting an updated copy of this Agreement when you log in to your Rewards Account or by emailing or by mailing them to you. The amended Terms will be effective when they are posted or sent to you, or on the effective date specified in the Terms. By continuing to participate in the Rewards Program after the effective date of the updated Terms, you agree to these updated Terms.
8. Questions, Complaints. You may contact us in writing at Bangor Savings Bank, P.O. Box 921, Bangor, Maine 04402-0921, or by phone at 1-800-280-7411, if you have any questions or complaints about the Rewards Program. Complaints, disputes and discrepancies concerning your earning or redemption of Points are not treated as credit card billing errors or disputes under your Cardholder Agreement.
You agree to notify us promptly of any errors relating to your Rewards Account but in no event later than ninety (90) days after the date of the Purchase or redemption request to which the error relates. We reserve the right (but are not required) to correct inaccurate Point values represented in your Reward Account and to adjust Point values at our sole discretion. If we do not credit, or if we improperly deny, Points or a Points redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Points, the ability to redeem Points for currently available benefits, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law.
9. Your Responsibility for Taxes. Earning and redeeming Points may result in your receipt of taxable income. When laws require us to do so, we will report any income you receive under this Agreement to the Internal Revenue Service, as well as state and local tax authorities. You are responsible for paying any federal, state, or local taxes you owe, or other connected fees or gratuities. Should we be required to report income you earn under this Agreement, we may report such income with the tax ID number of any Account holder, based on our records.
10. Limitation of Liability. Neither we nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be liable to you for any action or inaction any of them take or fail to take with respect to the Rewards Program or any changes in this Agreement.
To the maximum extent permitted by law, neither we nor any of our third-party service provider, including each of such party’s respective employees, officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which you may suffer by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of us or any Rewards Program service provider, including each of such party’s respective employees, officers, affiliates, or agents, or any other third-party. In no event shall we or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including, without limitation, lost revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or omissions of Bank or any of our respective affiliates or agents, or otherwise in connection with or relating to the Rewards Program or our administration, or that result from the use of, or inability to use, the Rewards Program, even if we have been made aware of the possibility of such damages. Neither we nor any of our third-party service providers, including each of such party’s respective employees, officers, affiliates, or agents, will be responsible for any damage, loss or expense of any nature resulting from your use of the Rewards Program, including, but not limited to, any defects in the Rewards Program or any Redemption Items you obtain by redeeming Points, or from any cancellation irregularity or mishap affecting the Rewards Program or your Rewards Account. In addition, we make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality, or fitness for use of any Redemption Items, or any other goods or services provided through this Rewards Program or otherwise made available to you in connection with the Rewards Program or through the use of redeemed Points. THE REWARDS PROGRAM IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE.” IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.
11. Indemnification. You agree to indemnify and hold us and our third-party service providers and each of such party’s respective affiliates, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: (i) participation in the Rewards Program; (ii) any fraud or misuse of the Rewards Program; (iii) violation of this Agreement or the Cardholder Agreement; and/or (iv) violation of any applicable law or the rights of any third-party.
12. Communications. You agree that we may send communications about the Rewards Program to you, electronically or otherwise, at any mailing or email address in our records or through our online services, such as our website or at any contact information associated with your Card. Let us know right away about any changes to your contact information. You also agree that Bank and its third-party service providers may listen to and record telephone calls as part of providing Rewards Program services.
13. General. The Rewards Program is owned and administered by Bank and is subject to all applicable laws and regulations. You must use the Rewards Account only for lawful loyalty and promotional purposes, and not for any business, commercial, or investment purpose except as explicitly stated herein. The accrual and/or redemption of Points is void where prohibited by law. You are solely responsible for maintaining the security of your Rewards Account. We may rely on any oral, written or electronic instructions we receive to redeem your Points, regardless of whether or not you personally stated or sent them. You agree that we are not liable for following instructions of anyone claiming to be you. You understand and agree that any authorized user of your Card or Account may have access to your Rewards Account, and you are responsible for all transactions that the authorized user makes on your Rewards Account, including any redemption of your Points without your additional authorization. We are not responsible for ay disputes you may have with any authorized user of your Card or Account in connection with this Rewards Program.
All trademarks, service marks, and trade names used by Bank in this Rewards Program are property of their respective owners. No use of these may be made without the prior written authorization of Bank.
This Agreement constitutes the entire agreement between you and us with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent, to a third party, who will then be entitled to any of our rights that we assign to them. We may waive or delay enforcing any of our rights herein without losing them. Any claim or dispute arising from or relating to this Agreement or to the Rewards Program will be governed by and construed in accordance with Maine law (without regard to its conflicts of law principles) and, as applicable, federal law.
14. JURY TRIAL AND CLASS ACTION WAIVER. YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS CARD AGREEMENT. IN ADDITION, YOU WAIVE YOUR RIGHT TO JOIN A CLASS OF OTHER PERSONS OR ACTIVE/117927935.2 ENTITIES TO BRING A CLAIM AGAINST US, OR TO BRING OR BE A CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION PROCEEDING. THIS JURY TRIAL AND CLASS ACTION WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION AGREEMENT SET FORTH IN THE FOLLOWING SECTION, WHICH CONTAINS ITS OWN JURY TRIAL AND CLASS ACTION WAIVER. IF A COURT OR ARBITRATOR DETERMINES THAT THE ARBITRATION AGREEMENT BELOW IS INVALID OR UNENFORCEABLE, THE JURY TRIAL AND CLASS ACTION WAIVER IN THIS SECTION WILL NONETHELESS CONTINUE TO APPLY.
15. Arbitration Agreement.
UCHOOSE REWARDS® PROGRAM TERMS AND CONDITIONS
Welcome to the uChoose Rewards® Program. If You participate in the uChoose Rewards Program, You agree to the following uChoose terms and conditions (“Terms and Conditions”). These Terms and Conditions are the agreement between Fiserv Solutions, LLC, as the operator and administrator of the uChoose Rewards Program on behalf of Your Financial Institution, and You for Your participation in the uChoose Rewar ds Program. These Terms and Conditions relate only to the uChoose Rewards Program as offered by Operator on behalf of Your Financial Institution. Your Account agreement provided by Your Financial Institution, which is a separate document, outlines the terms and conditions for your Account and associated card that You have with Your Financial Institution.
Definitions
In the uChoose Rewards Program, these terms have the following meanings:
Eligibility
1. Eligibility is subject at all times to the discretion of Your Financial Institution. Participants must have an active and open Account with a financial institution participating in the Program, which may include charging or usage privileges.
2. Eligibility is restricted to Participants that have an Account statement mailing address within the 50 United States, the District of Columbia, United States territories, or United States military address (such as APO).
3. This Program is available to all Accounts designated by Your Financial Institution, provided you remain in good standing with Your Financial Institution.
Program Administration
Point Accrual
Redeeming Points
Miscellaneous
Other Terms and Conditions
There are additional terms and conditions associated with the Program and the redemption of rewards points for merchandise, travel, event tickets, activities, and gift cards. Visit the Program website located at www.uChooseRewards.com to view the details of those redemption options and their associated terms and conditions. Additionally, the Pay with Points feature of the Program involves certain participating third -party e-commerce merchants that will accept your rewards points under the Program through such merchant’s own reward redemption programs. Your use of reward points at these participating merchants through Pay with Points is also subject to the terms and conditions of such participating merchants. Visit the Program website located at www.uChooseRewards.com to view the participating merchants in Pay with Points and their associated website links where you can find terms and conditions for the participating Pay with Point merchants.
You also acknowledge and agree to comply with the Privacy Notice found at www.uChooseRewards.com.
Transactions from lost, canceled, stolen or temporary credit or debit cards; or fraudulent purchases will not earn points.
For further details about the Program that may be specific to Your Financial Institution, please refer to the FAQs.
UCHOOSE REWARDS® PROGRAM REDEMPTION TERMS AND CONDITIONS
Merchandise Terms & Conditions
Merchandise orders cannot be canceled once they have been placed through the everblue® Rewards® website. Instead, those orders must be returned upon arrival. Please see the Merchandise Return Policies & Process, below, for more information. Merchandise cannot be shipped to PO Boxes.
Merchandise prices include shipping and handling. Shipping and handling prices are determined at the time of selection and vary based on the number of items in your purchase as well as your selection of standard or expedited shipping speeds.
When you order merchandise, the physical address selected for delivery must match the address provided to us by your financial institution. In the event you attempt to select an alternative address for your proposed order that does not match the address we have received from your financial institution we will deny your order request. Please contact your financial institution if you would like to place any orders and send to an alternative address so that you can update the address on file.
Merchandise Return Policies & Process
Most new, unopened items returned within 30 days of shipment can be returned for either a replacement item or a refund of points. If you’ve received an incorrect or defective item, you can choose to receive the correct functioning merchandise or a full refund of your points including shipping and handling. Restocking fees in addition to shipping and handling fees may be applied on items returned that are not damaged or the wrong item. This would be deducted from the amount of points refunded to your account for a return.
There are some exceptions where returns are not allowed:
Also, items that are opened, used or shipped more than 30 days ago may not be eligible for an exchange or refund.
Return Process:
Return Guidelines:
Some product lines have special restrictions or return policies. Review the table below to understand the returns policy for the various product lines.
Books Computer Games DVDs Electronics Music Videos Video Games Software | These items must be unopened and still in their plastic wrap unless the item is damaged or defective upon opening of the item’s packaging. |
Large Screen TV delivered by freight carrier | Inspect your television carefully for damage while the shipper is still present. If you discover any damage, please refuse delivery and the shipper will remove the TV and your order will be worked for a refund. Do not sign the shipper’s release form unless you have inspected the TV for damages. All cabling or additional installation is your responsibility. Your signature on the carriers delivery receipt acknowledges that you understand the return policy. If you accept delivery and later find out that the television is not working properly, please review package enclosures to see if the problem is covered by a manufacturer’s in-home service warranty. If you are unable to locate warranty information for a particular model, contact the manufacturer. |
Outdoor Living Tools & Hardware Kitchen | These items must be unopened and still in their original packaging, unless the item is damaged or defective upon your opening of the item’s packaging. For safety reasons, items that use flammable liquids or gases cannot be returned. Please contact the manufacturer directly for service, warranty, return, and refund information. |
Apparel | These items must be unopened and still in their original packaging, unless the item is damaged or defective upon your opening of the item’s packaging. It must be in its original condition with all tags and packaging intact. |
Gourmet Food | We cannot accept returns on gourmet food items including candy, gift baskets, or any other food items. |
Health & Personal Care | Items must be unopened and in new condition. We cannot accept returns of products that have special shipping restrictions imposed by the U.S. Department of Transportation. |
Jewelry & Accessories | These items must be unopened and still in their original packaging, unless the item is damaged or defective upon your opening of the item’s packaging. |
Computers | Computers which have been opened are subject to a 15% restocking fee to be deducted from the total amount the customer is refunded. Computers may not be returned more than 14 days from the date of delivery. |
Please Note:
Backordered Items
Items which are on back order for more than sixty (60) days may be cancelled due to unavailability; a full refund of points will be processed for the item(s) cancelled.
Gift Card Terms & Conditions
All physical Gift Card prices include standard shipping and handling (excludes expedited shipping charges). Shipping and handling prices are determined at the time of selection and vary based on the number of cards in your purchase as well as your selection of standard or expedited shipping speeds.
For orders of physical Gift Card totaling less than $300, you will have the option to ship the Gift Cards either via standard shipping or expedited shipping. Gift Cards shipped with standard shipping will be delivered by the USPS and are sent without tracking.
Physical Gift Card orders totaling $300 and over automatically require expedited shipping to ensure they are tracked to their destination. This means you will not have the option to ship your Gift Cards via standard shipping.
Expedited shipping includes an additional fee, which will be funded by your points and is disclosed at check-out.
Expedited orders cannot be shipped to PO Boxes. These are fraud control measures required by our suppliers.
When you order Gift Cards (including both physical and digital Gift Cards) the email address or physical address, as applicable, must match the email address or physical address provided to us by your financial institution. In the event you select an alternative email address or physical address for your proposed order that does not match the address we have received from your financial institution we will deny your order request. Please contact your financial institution if you would like to order Gift Cards and send to an alternative address.
Points redeemed for gift cards ("Gift Cards") offered in connection with everblue Rewards are also subject to everblue Rewards Terms and Conditions located at www.everbluerewards.com with respect to your use of the everblue Rewards services. Additionally, your Gift Cards are subject to and governed by the terms and conditions provided by the issuer of your Gift Card that are presented to you at the time you receive your Gift Card (and are included with your Gift Card) (the “Gift Card Agreement”). Additional information may be available on the issuer’s website or by contacting them directly – please see your Gift Card Agreement for details.
Expiration policies and non-usage fees may apply to the extent allowed by law.
Gift Cards are not redeemable for cash. Gift Cards may not be exchanged or returned unless damaged or defective at the time of receipt. Gift Cards redeemable at only certain retailers and are no longer accepted by such retailers not be exchanged or returned.
Refunds or replacements for Gift Cards that are lost, stolen, or otherwise destroyed after receipt, used without the intended recipient’s permission, or used in a manner inconsistent with the Gift Card Agreement or any applicable law will be subject to the discretion of the Gift Card issuer. If the Gift Card issuer does not permit refunds or replacements, you will need to reach out to your financial institution and any such refund or replacement will be handled at the discretion of your financial institution. Should a Gift Card not be delivered to the intended recipient within 14 days of the shipping date, please contact customer service at support@support.everbluerewards.com.
Research will be conducted to determine the appropriate resolution, but in no event will a replacement Gift Card be issued more than 60 days after the original Gift Card shipping date. Please note, lost and non-delivered gift cards are researched for delivery and usage and can take up to 21 days to confirm eligible replacement.
Redemption of Ever Blue Rewards Points for a Gift Card constitutes acceptance of these terms and conditions.
Travel Terms & Conditions
Travel management services are provided by Aspire Loyalty Travel Solutions LLC. and its affiliates (“Aspire”), a service provider to the everblue Rewards Program (“Program”). Aspire acts as a service bureau that provides value added service to retail travel agents and consumers.
In these Terms, "Travel Suppliers" means the airlines, hotels, car rental agencies, cruise lines, railroads, tour operators and other service providers whose products and services are made available through the Program. The Program Terms incorporate by reference the terms of each Travel Supplier’s terms and conditions, as applicable. You are responsible for checking the applicable Travel Supplier site(s) for terms and conditions which may be applicable to you.
Travel reservations are subject to the rules of the applicable Travel Supplier on your itinerary. A reservation is not complete until confirmed/ticketed. The passenger ticket(s) when issued, or electronic reservation shall constitute a contract between the Travel Supplier and the ticketed party. Some reservations cannot be cancelled or changed, other reservations may incur Travel Supplier fees to cancel or change.
All offers, prices, and conditions of sale may be subject to, change without notice, advance purchase, eligibility, seating, or other limitations, travel days, dates, minimum or maximum stays, holidays, seasons, blackout dates, stopovers, and/or waitlisting restrictions, reservation validation limitations of up to one year (if any extension permitted, penalties/restrictions may apply); and/or other conditions/restrictions.
Airline tickets are NON-REFUNDABLE and NON-CHANGEABLE unless permitted by the terms of the fare and are subject to airline rules, penalties and fare difference. Airline policies are subject to change at any time without notice.
Refunds/Cancellations of Flight, Hotels and Cars are subject to the applicable travel provider’s terms and conditions.
Booking Windows: Bookings are subject to advance purchase booking windows. The online booking tool will not allow searches within the advance purchase booking window. Advance purchase requirements are as follows:
Flights
VACATION RENTALS
Hotels and Other Travel Products
International Travel
Legal
Event Tickets Terms & Conditions
All Ticket redemptions are final. We are unable to process refunds, exchanges or cancellations. Should the event be postponed, tickets will be honored for the rescheduled date.
General
This site acts as an intermediary between buyers and ticket brokers to facilitate the purchase and sale of event tickets and as such, is not directly involved in the actual ticket sale transaction between the buyers and ticket brokers. The following are the rules or Terms that govern use of the Web site ("Site") by you, the user of the Site (User). By using or visiting the Site, User expressly agrees to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site.
Orders
Gift Card Terms & Conditions
Cash Back Terms & Conditions
uChoose Rewards® Program Privacy Notice
Last Updated: 16 June 2021
Effective Date: 16 July 2021
Privacy Notice
This uChoose Rewards® Program Privacy Notice (the “Privacy Notice”) describes how your personal data is handled and the rights and choices available to you in connection with the uChoose Rewards® Program and its associated fulfillment services (collectively, the “Program”). Fiserv Solutions, Inc. (“Fiserv” or “we,” “us,” or “our”) is providing the Program on behalf of your financial institution, and the information in this Privacy Notice is intended to supplement privacy information that was previously provided to you by your financial institution. [In addition, please also refer to the “Terms & Conditions” found on the Program’s website for more information about your rights and obligations with respect to other issues.
Fiserv and your financial institution provide separate privacy notices that apply to other products or services, in which case this Privacy Notice does not apply. Where this Privacy Notice applies, we also may provide additional or supplemental privacy notices to individuals at the time we collect their data, which will govern how we may process the information provided at that time.
I. The personal data we collect
We may collect several categories of information when you use the Program:
We may also maintain pages for our company and our products and services on a variety of third-party platforms, such as LinkedIn, Facebook, Twitter, YouTube, Instagram, and other social networking services. When you interact with our pages on those third-party platforms, the third-party’s privacy policy will govern your interactions on the relevant platform. If the third-party platform provides us with information about our pages on those platforms or your interactions with them, we will treat that information in accordance with this Privacy Notice.
Our service providers and business partners may collect this type of information over time and across third-party websites. This information is collected via various mechanisms, such as via cookies, proxy session ID, and similar technologies. This type of information may also be collected when you read our HTML-enabled emails.
II. How we use your personal data
We use and otherwise process the information that we collect for a variety of business purposes, including:
III. How we share your personal data
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
IV. Your rights and choices
The following options are available to you:
Additionally, to the extent required by law, you may be entitled to request access to, deletion of, and portability of your information or more information about our information practices. Requests should be submitted by your or an authorized agent in writing as set out in the “Contact Information” section below. If you make a request, you will be asked to provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. These rights are not absolute, and we may decline your request as permitted by applicable laws.
V. How we keep your data safe
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. However, you should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure, accurate, complete, or current. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
We have put in place procedures to deal with any suspected personal data breach and to notify you and any applicable regulator of a breach where we are legally required to do so.
VI. Your acceptance of these terms
By using the uChoose Rewards Program, you signify your acceptance of our Privacy Notice. If you do not agree with this Notice, please withdraw from the Program and do not use the website or other Program services. In all cases, your continued use of our products or services after the posting of any modified Privacy Notice indicates your acceptance of the terms of the modified Privacy Notice.
VII. Changes to this Privacy Notice
We may modify this Privacy Notice from time to time. When we update the Privacy Notice, we will revise the “Effective Date” date above and post the new Privacy Notice on this website. We recommend that you review the Privacy Notice each time you access or use the Program to stay informed of our privacy practices.
VIII. Compliance with applicable laws
We comply with applicable laws and regulations pertaining to information about you, including U.S. federal laws pertaining to “nonpublic personal information” and “consumer report information.”
IX. Contact us
If you have any questions about this Privacy Notice or our practices, please email us at CSprivacypolicy@fiserv.com.