Buzz Points™ Program (or the “Program”) Terms and Conditions

Last modified: January 1, 2017

General Terms:  These terms and conditions (the “Terms and Conditions” or “Program Rules”) govern your use of the Program, as offered by the financial institution named on Exhibit A (the “Financial Institution”) in cooperation with Buzz Points, Inc. (“Buzz Points,” “we,” “us,” or “our”).  “You” and “your” refers to you, the end-user customer.  A “Third Party” is a participant in the Program other than you, us, and the Financial Institution.  Exhibit A is incorporated in these Terms and Conditions by this reference.

Account Descriptions:  Your “FI Accounts” are your accounts with the Financial Institution that are eligible to participate in the Program as set forth below (which may or may not include your checking accounts, savings accounts, loan accounts, and credit card accounts).  Your “Buzz Points Account” is the account established for you under the Program that contains your earned points.  Your “Accrued Buzz Points” are the points you have earned as of a given date, whether or not such points appear in your Buzz Points Account as of that date.

Eligibility/Enrollment:To participate in the Program, you must have an open FI Account with the Financial Institution (a “Qualifying FI Account”).  Additionally, you must enroll in the Program through the website listed on Exhibit A or such other affiliated site or sites as may be offered by the Financial Institution (individually, a “Site” and collectively, the “Sites”).  To be eligible to participate in the Program, an FI Account must be held/issued in the United States and be in good standing as described in the applicable governing agreement. We reserve the right to determine in our sole discretion whether a particular FI Account is eligible to participate in the Program.

Ability to Earn Rewards:Once enrolled in the Program, your ability to earn points will be based on the status of your FI Accounts.  If any of your FI Accounts is in default as described in the applicable governing agreement, we reserve the right to prohibit you from earning points through your FI Accounts and to cancel any points that we have not yet sent to your Buzz Points Account.  If your Qualifying FI Account is closed for any reason, your membership in the Program will be terminated and you will automatically forfeit all Accrued Buzz Points. Additionally, if you choose to end your participation in the Program, or if any fraud or abuse related to the accrual of points occurs (as determined by us in our sole discretion), then you will automatically forfeit all Accrued Buzz Points.  Forfeited points will not be reinstated for any reason.

Membership:: Membership in the Program will be renewed automatically each year, so long as your qualifying FI Account is open and not in default as defined in the applicable governing agreement, unless you notify us of cancellation. You may cancel your participation at any time by calling 1-877-577-2899 (BUZZ).  Your Buzz Point Account may be subject to other fees.

Earning Rewards:

Earning Restrictions: Points earned are not transferable (unless otherwise specified in the catalog or on the redemption website), have no cash value, and cannot be used as payment of any obligation to us.  If there is any abuse of the Program, failure to follow Program Rules, or any misrepresentation by you, all Accrued Points will be automatically forfeited and no additional points will accumulate.  Maximum annual point accumulation is determined by Buzz Points and your Financial Institution.  (“Annual” means the year beginning with the Enrollment Date and ending on the anniversary of the Enrollment Date, and each twelve months thereafter.)

Expiration: 

Redemption Process: 

Reward Restrictions: Redeemed rewards are not refundable, replaceable, or transferable for cash, credit, or other rewards under any circumstances.  Lost, stolen or mutilated reward items will not be replaced.  Redeemed rewards earned in the Program may not be re-sold or exchanged for other goods or services except as stated on the reward.  All rewards are subject to availability.  Certain rewards are available only during the time periods described in the Program communications.  We may substitute rewards of equal or greater value as necessary at our discretion.  Some rewards have limited availability.  Gift certificates/gift cards are valid at participating merchants only, through the expiration date, if any, as permitted by law.  Merchants participating in the Program are subject to change.  Gift certificates/gift cards and checks must be surrendered upon redemption and no photocopies will be honored. Gift certificates/gift cards have no cash value and may not be redeemed for cash or its equivalent, and any unused portion will not be returned as cash unless otherwise noted on the gift certificates/gift cards.  Gift certificates/gift cards are not transferable.  Use of any gift certificate/gift card is subject to any additional restrictions listed on the gift certificate/gift card.

Consent to Disclosure of Your Personal Information:  By enrolling in the Program, you are (1) authorizing the Financial Institution to share your personal information (such as your purchase and transaction history) with us, so that we may administer the Program, and (2) authorizing the Financial Institution and Buzz Points to share your personal information with Third Parties who participate in the Program (such as merchants), so that these Third Parties may market their products and services to you.  You may revoke your authorization of this sharing at any time by calling 1-877-577-BUZZ or by visiting us online at www.buzzpoints.com.  Please note that, if you revoke your authorization, we will no longer be able to administer the Program on your behalf.  Therefore, on such revocation, your membership in the Program will terminate, and all accrued Points shall immediately terminate.

Consent to Disclosure for Referrals:  The Financial Institution may desire to reward points to another customer for referring you to the Financial Institution.  You authorize the Financial Institution to reward these points to such other customer and, in so doing, to implicitly reveal to such other customer that you do business with the Financial Institution.

Privacy Policy: Our Privacy Policy contains important information about how we collect, share, and protect your personal information, and its terms are made a part of these Terms and Conditions by this reference. To view our Privacy Policy, click here. Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or receive from any Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Reward Delivery: Allow up to 4-6 weeks for delivery of the reward earned.  In certain circumstances the delivery time may be longer.  Country of item’s origin may change.  Some rewards cannot be shipped to PO Boxes or foreign addresses.

Additional Obligations/Affiliations: You are responsible for any personal tax liability related to participating in the Program.

Program Restrictions: We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever.

Right to Change/Modify/Cancel: The Program and benefits are offered at our sole discretion. We reserve the right to alter or waive any Program feature or benefit prospectively or retroactively, including, without limitation, participation fees and point accrual or redemption criteria, or to cancel or temporarily suspend the Program at any time without prior notice.  In the event the Program is cancelled, please check with your Financial Institution for information about your Accrued Points. We reserve the right to change or modify these Terms and Conditions at any time.

Program Responsibility: Individual merchants and service providers are responsible for the quality and performance of any goods or services supplied as a benefit to this Program.  Any rules of the merchants relating to returns and exchanges apply.  We are not affiliated with any merchant or service provider and we are not responsible for goods or services offered through the Program.  Any disputes concerning rewards will not affect your payment obligation to any Financial Institution respecting your FI Accounts.  We are not responsible for managing your FI Accounts or any dispute you may have with your Financial Institution.  We are not responsible for any disputes you may have with authorized users of your FI Accounts relating to the Program. Questions regarding the Program should be directed to our headquarters at 1-877-577-BUZZ.  All questions or disputes regarding eligibility for the Program, points, or Accrued Points, redemption of rewards or any other matter relating to the Program will be resolved by us in our sole discretion. Questions about your FI Accounts should be directed to your Financial Institution.  We shall not be liable for any bodily harm and/or property damage and/or lost opportunity, which may result from participating in the Program or for the provision of goods or services by merchants or service providers.

Merchants: We are not responsible, and your Financial Institution is not responsible, for points that a participating merchant may fail to award.  You are responsible for verifying that points have been awarded by participating merchants.  The Financial Institution will not attempt to collect or credit points from participating merchants for transactions in excess of 45 days old. We do not, and your Financial Institution does not, warrant the products or services provided by participating merchants.

Social Networking Websites: If you connect your Buzz Points Account to a Social Networking Website, you agree to allow us to monitor your activity on such Social Networking Website and to use the information we gather to select specific offers to display to you on the Sites (“Offers”). Offers may be from your Financial Institution or from a Third Party.  The offering party will not receive any information that personally identifies you unless you take an action to inquire about an Offer. You may or may not receive points for inquiring about or accepting an Offer. We allow you to post to certain Social Networking Websites information about your activity on the Sites, including transactions, Offers accepted, or points earned.  Such posts may include our name, the name of your Financial Institution, or a link whereby viewers may obtain more information about an Offer, our services, or the services of the Financial Institution or a Third Party.  You may or may not receive bonus points for choosing to make such a post.  A “Social Networking Website” includes any web-based platform used to build social networks or social relations among people (including, by way of example and not of limitation, Facebook, Google+, YouTube, LinkedIn, Instagram, Pinterest, Tumblr, Twitter, and other similar sites).

Your Use of the Sites: You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Buzz Points server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other Buzz Points user, including any account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or our systems or networks, or any systems or networks connected to the Sites.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Buzz Points or others.

Links to Other Sites: The Sites may contain links to other independent third-party websites or resources (“Linked Sites”). We have no control over such Linked sites, and you hereby acknowledge and agree we are not responsible for the availability of these Linked Sites and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from these Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers: WE DO NOT PROMISE THAT THE SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Choice of Law: These Program Rules, and all related matters, whether in contracts or tort, in law or in equity, or otherwise, shall be governed by the laws of the State of Texas, without regard to choice of law or conflict of law principles that direct the application of the laws of a different state.  Any action or proceeding in connection with these Program Rules shall be brought in Travis County, Texas.  The parties irrevocably (i) submit to the exclusive jurisdiction of such courts, and (ii) waive any objection to venue of any action or proceeding or any argument that such court is in an inconvenient forum.

Program Void: The Program is void where prohibited by federal, state, or local law. These Program Rules set forth all the terms of the Program in addition to, and supplement, the Redemption Rules and Regulations that govern the redemption of points.  We have no other obligation with respect to the Program beyond those described in these and any Redemption Rules and Regulations.

 You are agreeing to the use of Electronic Signatures: Your access and use of the Program will be managed through your account on the Sites. We rely on an electronic signature process as official authorization for your agreement as well as any changes to the Program, these Terms and Conditions, or any transactions conducted in the Program or on the Sites. You will be asked to set-up your account and provide your password. In order to activate your account, you will be asked to view these Terms and Conditions and our Privacy Policy and click an “I Accept” button as your signature authorization. By accessing the Sites and, where prompted clicking “I Accept,” you affirmatively consent and agree to conduct each transaction by electronic means and you hereby state that electronic signatures shall have the same force and effect as an original signature with respect to the Program, these Terms and Conditions, our Privacy Policy, and all written agreements entered into between you and Buzz Points and/or any Third Party on the Sites. You further consent to receive any notices required to be in writing by electronic means to the email or other contact information input by you in your account. You may request at any time to have a transaction record provided or made available on paper or in non-electronic form by Buzz Points at no charge. Your standard web browser is required to access any electronic records from your account and you confirm your consent that you can access such records using your standard web browser. You also may revoke approval of this electronic signature process at any time with prior written notice to Buzz Points from your account on the Site; however this will result in our suspension or termination of the Program absent your acknowledgment of agreement or consent by other valid legal means.