- By accepting these rules of the Rewards Program (the "Program") of eDiscountPerfumes.com (the "Company") you attest that you are a resident of the United States and are aged 18 or older.
- You understand that the Program currently provides you with 1 point for every $1.00 spent, excluding tax and optional insurance.
- You understand that the Program currently allows you 2 ways to redeem points, giving you $5.00 off with the redemption of 250 points and $10.00 off with the redemption of 500 points.
- You understand that if you return a product with respect to which you earned rewards that those rewards might be deducted from your rewards account.
- Subject to applicable law, you understand that we may terminate the Program at any time, which might cause the loss of collected points and the cancelling of all benefits and rights related to the Program. You understand that points are not your property and may be revoked, cancelled, limited, or modified at any time, even though that might affect your use of previously accumulated points. Additionally, subject to applicable law, the management of eDiscountPerfumes.com reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion. Interpretation of these rules shall be at the sole discretion of the management of eDiscountPerfumes.com, whose decision will be considered final.
- Except as otherwise described in these rules or otherwise prohibited by applicable law, if you voluntarily cancel your participation in the Program, then we will terminate your participation, and you will lose any and all collected points.
- You understand that points have no cash value and may not be redeemed for cash and have no value whatsoever. If you believe that points were not properly applied, please e-mail us. You have to contact us within thirty (30) days after the date the points should have been earned. We do not have any obligation to correct errors after that thirty (30) day period. We will not be liable for any failure to issue points to your Program account in a timely manner. We are not liable for points that are lost due to fraudulent, unauthorized, or other unacceptable use.
- Any tax liability connected with receipt or use of any rewards or any other benefit in the Program is your responsibility. The Program is void where prohibited or restricted by law. Except where provided by law, points are not transferable in the event of death, as part of a domestic relations matter, or for any other reason. Points cannot be combined across accounts or transferred to a different account or participant. The sale, trading, auction, barter or other transfer of any points is prohibited. We reserve the right to audit accounts at any time and request validation of point-earning activities. Events beyond our control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbances, terrorism or war, which may materially affect our ability to perform, may cause us to suspend or terminate the Program.
- You consent to the release of your personal information to third parties as necessary to carry out the Program.
- You must advise us of any change in name, address, e-mail address, or phone number associated with any account you have in the Program. We are not liable for Program notices sent to an outdated email address if you fail to provide us with your current email address.
- These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its internal law governing conflict of laws. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the State and Federal courts located in or adjacent to Katy, Texas. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such invalidity shall not in any way affect the validity of any of the remaining provisions, which will remain in full force and effect. No waiver of any of these Terms will be deemed a waiver of any other term, and the Company's failure to assert any particular right or particular provision under these Terms won't constitute a waiver of such right or provision. Notwithstanding anything to the contrary contained herein, to the extent legally possible under prevailing law, all parties will make best efforts that any controversy or claim arising out of or relating to this contract, or the breach thereof, that cannot reasonably be settled by the parties shall be settled by arbitration administered in Katy, Texas by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by one arbitrator (the Arbitrator) with at least 10 years of experience in commercial matters. If you and the Company are not able to agree upon the selection of an Arbitrator within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the Arbitrator shall be selected by the American Arbitration Association in accordance with the terms contained herein. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator's award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the Arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of these Terms. Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the Arbitrator it designated and the arbitration fees and expenses of the American Arbitration Association. The Arbitrator will be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
If any provision of these Terms is held by a court of competent jurisdiction or the Arbitrator to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless the Company in writing acknowledges and agrees to such waiver. The Terms comprise the entire agreement between you and the Company and supersede all prior or contemporaneous understandings, negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms. It is understood that contracts with the Company for goods and/or services are only enforceable when in writing and when signed or formally e-signed by the Company's president and/or executive vice president. Furthermore, it is understood that communication between the Company's other employees, agents, and/or representatives (including but not limited to customer service team members) under no circumstances shall ever create binding contracts for goods and/or services.
If any provision of these Terms is potentially viewed by a court of competent jurisdiction or the Arbitrator to be vague or contradictory, then such provision(s) will be interpreted, as best as possible, to the full benefit of the Company.
