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IMPORTANT – THIS IS A LEGAL
AGREEMENT BETWEEN YOU AND IDUGUUD INC. (“POINTWORTHY,” “WE” OR “US” OR
“OUR”). THIS WEBSITE, LOCATED AT WWW.POINTWORTHY.COM (THE "WEBSITE"),
IS OWNED AND OPERATED BY POINTWORTHY. THIS WEBSITE PROVIDES USERS WITH
ACCESS TO INFORMATION – INCLUDING INFORMATION RELATED TO CHARITIES -
WORKS OF AUTHORSHIP, AND OTHER CONTENT (THE “CONTENT”), AS WELL AS TO
A VARIETY OF SERVICES, INCLUDING THE ABILITY TO CONVERT LOYALTY/REWARD
POINTS (“LOYALTY POINTS”) INTO CASH DONATIONS (THE "SERVICES").
PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT www.pointworthy.com/site/privacypolicy.xhtml, WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY POINTWORTHY. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. POINTWORTHY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY POINTWORTHY FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
Loyalty Points Retrieval, Processing and Disbursements; Acknowledgements; Rules for Disbursements
PointWorthy provides a technology platform that allows Loyalty Point holders of participating Loyalty Point providers to convert their Loyalty Points into cash that can then be converted into charitable donations. In order to use the platform located on the Website, you must first register, setup an account and provide certain personal information. PointWorthy reserves the right to refuse any request to setup an account for any reason or no reason. You understand, acknowledge and agree that in order for PointWorthy to convert your Loyalty Points into cash on your behalf, you will need to link your loyalty rewards account to a PointWorthy account, this action enables us to withdraw, process and disburse your Loyalty Points. By linking your account you hereby authorize us to make such requests on your behalf in order to execute and complete transactions.
You understand and acknowledge that PointWorthy is a processor of payments, processing your points into cash, and disbursing such cash as a donation. You further understand and acknowledge that your donation designated via the Website may be transferred to a Donor Advised Fund (DAF) operated by a third party. A DAF is a 501(c)(3) charitable organization and in such instances will be the initial recipient of your donation; the DAF will subsequently processes your donations and disburses the funds to charities based on your recommendations. Please also note that in such instance your Loyalty Points statement will list the name of the DAF as the recipient “merchant” of your donation, rather than your designated charity.
The DAF’s we work with may also provide charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as more specifically described below. Additionally, PointWorthy will provide users with the ability to search and select charities through the PointWorthy Website. While you will have the option of passing your personal information to your designated charity or remaining anonymous, you acknowledge and understand, however, that in instances in which a DAF is being used, PointWorthy will be required to provide the DAF with certain personal information that you provide us in order to allow the DAF to complete your transaction.
Please note that if you made a donation through Donate with Points, and the charity you designated is no longer accepting donations, is no longer recognized by the IRS as a public charity, is no longer in good standing with federal regulators, or is no longer eligible for Donate with Points, PointWorthy will cancel the portion of the donation made with Loyalty Points and credit back your Loyalty Points account. You will receive a donation cancellation email informing you of this event. If a donation or part of a donation was made using a PointWorthy e-Gift Card or a credit card, the portion of the donation funded by the PointWorthy e-Gift Card or the credit card is non-refundable. If you used a PointWorthy e-Gift Card or credit card to designate a charity that is no longer accepting donations, is no longer recognized by the IRS as a public charity, or is no longer in good standing with federal regulators, the DAF will distribute the donation to another charity that meets high public accountability standards and whose mission is similar to the designated charity that you originally selected.
Using a Credit Card Payment to Increase Your Point-Donation; Payment Processing
In some instances, PointWorthy will allow you to increase your Loyalty Point contribution by using your credit card to add additional value. PointWorthy has engaged the services of Stripe, a payment gateway, to process all such payment transactions in an effort to render the making of such payments easy and seamless. Stripe manages the routing of applicable customer information through the credit card processing networks. PointWorthy is not affiliated with Stripe, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by Stripe, including those related to payment transactions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such Stripes services. If you do not agree with these terms, you should not use Stripe. You will be required to provide certain personal information to Stripe in order for them to process your payment transaction. Any information that you provide in conjunction with, or related to, a payment transaction, will be treated in accordance with Stripe’s privacy policy, located at https://stripe.com/us/privacy, and Stripe’s Terms of Use, located at https://stripe.com/us/terms; we recommend that you review these policies for additional information.
Rescission Period
ALL TRANSACTIONS ARE SUBJECT TO A 15-DAY RESCISSION PERIOD. IF DURING THE INITIAL 15 DAYS SUBSEQUENT TO YOUR TRANSACTION YOU DECIDE TO CANCEL YOUR TRANSACTION, YOU CAN DO SO ON THE POINTWORTHY WEBSITE USING THE CANCELATION FUNCTIONALITY YOU CAN ALSO CALL SUPPORT AT (888) 877-0535 OR CONTACT US AT customerservice@pointworthy.com. AFTER 15 DAYS, ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE, AND MAY NOT BE CANCELLED OR REVERSED. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION.
Certain Restrictions
You understand, acknowledge and agree that you cannot accept any goods or services in exchange for your donation. If you received goods or services in exchange for a donation, you understand that your tax deduction may be limited to the excess of the contribution over the fair market value of any items received in exchange for the donation.
You understand, acknowledge and agree that the assets held in a DAF are the organization's property, subject to the organization's exclusive legal control, and that grant funds may be used only for charitable purposes and not for the benefit of the donor or donor advisor or other impermissible private benefit.
You understand and agree that the minimum donation amount is $10.00
No Relationship with Donor Advised Funds
PointWorthy is not affiliated with any of the DAFs with which we work, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by a DAF, including those related to donation/disbursement of transactions, charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as well as all other acts or omissions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such DAF services.
Fees
PointWorthy will charge a Processing Fee of 10% (“Processing Fee”) from your donation to cover the costs of processing and disbursement. In cases in which PointWorthy works with a DAF, we will share part of the Processing Fee with such DAF. In some instances our partner Loyalty Rewards Plans may decide to cover the processing fees. In these cases, no amount will be deducted from the donation and the entire amount of the donation is distributed to the DAF by the fifth day of every month and the DAF is instructed to forward the entire amount of the donation to the recommended charity of record on a monthly basis by the 10th day of the Month. In other cases where a donation is made through one of our partner Loyalty Rewards Plans which does not cover the processing fees, you understand and acknowledge that the 10% fee will be deducted from the donation to cover the costs of Processing and Disbursement, the remaining 90% of your donation is distributed to the DAF by the fifth day of each month and, subject to these Terms of Use, said DAF is instructed to forward the remaining 90% of your donation to the recommended charity of record on a monthly basis by the 10th day of the month.
Recurring Donation
I understand that if my donation is recurring, my first donation will be charged immediately, and the next donation will occur in the month I have chosen. Recurring donations are charged on the first of every month and can be cancelled at any time before the first of the month. If a transaction is declined the donation will be automatically cancelled.
eGift Cards
PointWorthy provides the option to use your points to purchase an eGift Card (the “eGift Card”). eGift Cards can be redeemed through PointWorthy's website, www.PointWorthy.com or our partner’s websites enabled for this purpose, for charitable donations to any of the organizations listed on the website. You acknowledge and agree that eGift Cards are not a credit cards, charge cards, debit cards or travelers checks.
You hereby agree to the following terms regarding the purchase and redemption of charity eGift Cards:
• eGift Cards cannot be used to purchase eGift Cards.
• eGift Cards are not redeemable for cash and cannot be returned for a cash refund. Any unused balance will be placed in the recipient's eGift Card account and is not transferable.
• If a transaction exceeds the amount of my eGift Card, I must pay for the balance with a credit card.
• PointWorthy is not responsible for lost or stolen eGift Cards. You agree to safeguard your eGift Card and treat it like cash. Point Worthy is not responsible for lost or stolen eGift Cards.
• PointWorthy will have the right to close donor accounts and request alternative forms of payment if a fraudulently obtained eGift Card is redeemed through the PointWorthy website or the websites of any of our partners.
• eGift Cards are valid for five years from the date of purchase. After that time, they are no longer redeemable and have no value. Any remaining amounts on expired eGift Cards will be donated to charity using a DAF and assigning the amount to anyone of the top 5 charities receiving funds through PointWorthy.
• In the event a eGift Card code is non-functional, your remedy and PointWorthy's sole liability is the replacement of said eGift Card.
• You will not use the eGift Cards to violate or circumvent any laws, rules, ordinances or government regulations.
• You will not use the eGift Card to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any eGift Card, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the eGift Card for illegal activities.
We reserve the right to reject any request for an eGift Card for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Dedications
PointWorthy also provides you the option of dedicating your charitable gift in another person’s honor or to memorialize a special event, like a birthday (the “Dedication”). You hereby agree to the following terms regarding a Dedication:
• You will not use the Dedication to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any Dedication, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the Dedication to discuss illegal activities.
• You will not impersonate any person or entity.
We reserve the right to reject message and/or Dedication for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Prohibited Use
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by PointWorthy to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by PointWorthy, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Website, you agree you will not: a) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PointWorthy representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; b) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; c) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; d) violate any applicable local, state, national or international law; e) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; f) delete or revise any material posted by any other person or entity; g) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.pointworthy.com, in accordance with the limited license and site access outlined above; h) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; i) harvest or otherwise collect information about others, including e-mail addresses; or j) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. PointWorthy reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. PointWorthy may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, PointWorthy reserves the right at all times to disclose any information as PointWorthy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PointWorthy's sole discretion.
Links to Third-Party Websites/Materials
This Website may contain hyperlinks to other sites owned and operated by parties other than PointWorthy, or to articles, resources or other materials. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites, and cannot be held responsible for the content or accuracy of anything on these sites, or to any articles, resources or other materials. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by PointWorthy, you acknowledge and agree that PointWorthy is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, articles, resources, materials, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. PointWorthy is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. PointWorthy shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, products, services or other materials available on or through any such website. PointWorthy is not responsible for the privacy practices of any other websites.
Misprints and Errors
We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
General Disclaimer
Content and other information contained on this Website has been prepared by PointWorthy as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PointWorthy has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by PointWorthy.
Additionally, this Website contains a search tool featuring a variety of qualifying tax-exempt organizations. The presentation of this list of charities on the Website does not constitute a solicitation of donations; PointWorthy does not engage in any solicitation activities on behalf of any listed charity. Additionally, the inclusion of a charity on the list or Website is not an endorsement by PointWorthy. Rather, PointWorthy makes no claims, representations or recommendation in regard to any of the listed charities, and you hereby acknowledge and agree that you are not relying on PointWorthy or any information provided by PointWorthy in selection a charity(ies) to support.
Users relying on Content, materials or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES ANY ANTHING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND POINTWORTHY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. POINTWORTHY MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT POINTWORTHY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF LOYALTY/REWARD POINTS, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF POINTWORTHY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, BREACH OF POINTWORTHY’S SECURITY OR ANY OUR CONTRACTORS, AFFILIATES OR AGENTS SECURITY– INCLUDING A DAF – THAT RESULTS IN THE RELEASE OR ACCESS TO YOUR PERSONAL INFORMATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE POINTWORTHY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold harmless PointWorthy, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, the use of any linked websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in PointWorthy's sole discretion.
Eligible Users; Children
The Website and the Services are intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are under 13, you are forbidden to use the Website and Services. If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website and the Services with their permission and under their supervision. By using the Website or the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by these Terms of Use. Notwithstanding anything to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Website or Services is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.
Force Majeure
PointWorthy shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of PointWorthy, including a delay in services from its contractors, agents or suppliers, including a DAF, and also including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Notices
Any notices to you from PointWorthy regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.
Choice of Law
These Terms of Use, and all questions about their legality, enforceability and interpretation, shall be governed by and construed in accordance with the laws of the State of Maryland and of the United States of America. The venue for any action arising under this Agreement shall be in Montgomery County, Maryland.
Website Privacy Policy
Our Website Privacy Policy, located at www.pointworthy.com/site/privacypolicy.xhtml describes the details of PointWorthy's information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.
Limited License and Site Access; Copyright; Trademarks and Service Marks
PointWorthy hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PointWorthy. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of PointWorthy or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of PointWorthy and is protected by U.S. and international copyright laws. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by PointWorthy. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. PointWorthy does not warrant or represent that your use of Content, Services, materials or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at customerservice@pointworthy.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Certain trademarks are the service marks and trademarks of PointWorthy or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of PointWorthy. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of PointWorthy.
Date These Terms of Use were Last Updated: January 19, 2014.
PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT www.pointworthy.com/site/privacypolicy.xhtml, WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY POINTWORTHY. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. POINTWORTHY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY POINTWORTHY FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
Loyalty Points Retrieval, Processing and Disbursements; Acknowledgements; Rules for Disbursements
PointWorthy provides a technology platform that allows Loyalty Point holders of participating Loyalty Point providers to convert their Loyalty Points into cash that can then be converted into charitable donations. In order to use the platform located on the Website, you must first register, setup an account and provide certain personal information. PointWorthy reserves the right to refuse any request to setup an account for any reason or no reason. You understand, acknowledge and agree that in order for PointWorthy to convert your Loyalty Points into cash on your behalf, you will need to link your loyalty rewards account to a PointWorthy account, this action enables us to withdraw, process and disburse your Loyalty Points. By linking your account you hereby authorize us to make such requests on your behalf in order to execute and complete transactions.
You understand and acknowledge that PointWorthy is a processor of payments, processing your points into cash, and disbursing such cash as a donation. You further understand and acknowledge that your donation designated via the Website may be transferred to a Donor Advised Fund (DAF) operated by a third party. A DAF is a 501(c)(3) charitable organization and in such instances will be the initial recipient of your donation; the DAF will subsequently processes your donations and disburses the funds to charities based on your recommendations. Please also note that in such instance your Loyalty Points statement will list the name of the DAF as the recipient “merchant” of your donation, rather than your designated charity.
The DAF’s we work with may also provide charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as more specifically described below. Additionally, PointWorthy will provide users with the ability to search and select charities through the PointWorthy Website. While you will have the option of passing your personal information to your designated charity or remaining anonymous, you acknowledge and understand, however, that in instances in which a DAF is being used, PointWorthy will be required to provide the DAF with certain personal information that you provide us in order to allow the DAF to complete your transaction.
Please note that if you made a donation through Donate with Points, and the charity you designated is no longer accepting donations, is no longer recognized by the IRS as a public charity, is no longer in good standing with federal regulators, or is no longer eligible for Donate with Points, PointWorthy will cancel the portion of the donation made with Loyalty Points and credit back your Loyalty Points account. You will receive a donation cancellation email informing you of this event. If a donation or part of a donation was made using a PointWorthy e-Gift Card or a credit card, the portion of the donation funded by the PointWorthy e-Gift Card or the credit card is non-refundable. If you used a PointWorthy e-Gift Card or credit card to designate a charity that is no longer accepting donations, is no longer recognized by the IRS as a public charity, or is no longer in good standing with federal regulators, the DAF will distribute the donation to another charity that meets high public accountability standards and whose mission is similar to the designated charity that you originally selected.
Using a Credit Card Payment to Increase Your Point-Donation; Payment Processing
In some instances, PointWorthy will allow you to increase your Loyalty Point contribution by using your credit card to add additional value. PointWorthy has engaged the services of Stripe, a payment gateway, to process all such payment transactions in an effort to render the making of such payments easy and seamless. Stripe manages the routing of applicable customer information through the credit card processing networks. PointWorthy is not affiliated with Stripe, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by Stripe, including those related to payment transactions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such Stripes services. If you do not agree with these terms, you should not use Stripe. You will be required to provide certain personal information to Stripe in order for them to process your payment transaction. Any information that you provide in conjunction with, or related to, a payment transaction, will be treated in accordance with Stripe’s privacy policy, located at https://stripe.com/us/privacy, and Stripe’s Terms of Use, located at https://stripe.com/us/terms; we recommend that you review these policies for additional information.
Rescission Period
ALL TRANSACTIONS ARE SUBJECT TO A 15-DAY RESCISSION PERIOD. IF DURING THE INITIAL 15 DAYS SUBSEQUENT TO YOUR TRANSACTION YOU DECIDE TO CANCEL YOUR TRANSACTION, YOU CAN DO SO ON THE POINTWORTHY WEBSITE USING THE CANCELATION FUNCTIONALITY YOU CAN ALSO CALL SUPPORT AT (888) 877-0535 OR CONTACT US AT customerservice@pointworthy.com. AFTER 15 DAYS, ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE, AND MAY NOT BE CANCELLED OR REVERSED. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION.
Certain Restrictions
You understand, acknowledge and agree that you cannot accept any goods or services in exchange for your donation. If you received goods or services in exchange for a donation, you understand that your tax deduction may be limited to the excess of the contribution over the fair market value of any items received in exchange for the donation.
You understand, acknowledge and agree that the assets held in a DAF are the organization's property, subject to the organization's exclusive legal control, and that grant funds may be used only for charitable purposes and not for the benefit of the donor or donor advisor or other impermissible private benefit.
You understand and agree that the minimum donation amount is $10.00
No Relationship with Donor Advised Funds
PointWorthy is not affiliated with any of the DAFs with which we work, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by a DAF, including those related to donation/disbursement of transactions, charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as well as all other acts or omissions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such DAF services.
Fees
PointWorthy will charge a Processing Fee of 10% (“Processing Fee”) from your donation to cover the costs of processing and disbursement. In cases in which PointWorthy works with a DAF, we will share part of the Processing Fee with such DAF. In some instances our partner Loyalty Rewards Plans may decide to cover the processing fees. In these cases, no amount will be deducted from the donation and the entire amount of the donation is distributed to the DAF by the fifth day of every month and the DAF is instructed to forward the entire amount of the donation to the recommended charity of record on a monthly basis by the 10th day of the Month. In other cases where a donation is made through one of our partner Loyalty Rewards Plans which does not cover the processing fees, you understand and acknowledge that the 10% fee will be deducted from the donation to cover the costs of Processing and Disbursement, the remaining 90% of your donation is distributed to the DAF by the fifth day of each month and, subject to these Terms of Use, said DAF is instructed to forward the remaining 90% of your donation to the recommended charity of record on a monthly basis by the 10th day of the month.
Recurring Donation
I understand that if my donation is recurring, my first donation will be charged immediately, and the next donation will occur in the month I have chosen. Recurring donations are charged on the first of every month and can be cancelled at any time before the first of the month. If a transaction is declined the donation will be automatically cancelled.
eGift Cards
PointWorthy provides the option to use your points to purchase an eGift Card (the “eGift Card”). eGift Cards can be redeemed through PointWorthy's website, www.PointWorthy.com or our partner’s websites enabled for this purpose, for charitable donations to any of the organizations listed on the website. You acknowledge and agree that eGift Cards are not a credit cards, charge cards, debit cards or travelers checks.
You hereby agree to the following terms regarding the purchase and redemption of charity eGift Cards:
• eGift Cards cannot be used to purchase eGift Cards.
• eGift Cards are not redeemable for cash and cannot be returned for a cash refund. Any unused balance will be placed in the recipient's eGift Card account and is not transferable.
• If a transaction exceeds the amount of my eGift Card, I must pay for the balance with a credit card.
• PointWorthy is not responsible for lost or stolen eGift Cards. You agree to safeguard your eGift Card and treat it like cash. Point Worthy is not responsible for lost or stolen eGift Cards.
• PointWorthy will have the right to close donor accounts and request alternative forms of payment if a fraudulently obtained eGift Card is redeemed through the PointWorthy website or the websites of any of our partners.
• eGift Cards are valid for five years from the date of purchase. After that time, they are no longer redeemable and have no value. Any remaining amounts on expired eGift Cards will be donated to charity using a DAF and assigning the amount to anyone of the top 5 charities receiving funds through PointWorthy.
• In the event a eGift Card code is non-functional, your remedy and PointWorthy's sole liability is the replacement of said eGift Card.
• You will not use the eGift Cards to violate or circumvent any laws, rules, ordinances or government regulations.
• You will not use the eGift Card to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any eGift Card, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the eGift Card for illegal activities.
We reserve the right to reject any request for an eGift Card for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Dedications
PointWorthy also provides you the option of dedicating your charitable gift in another person’s honor or to memorialize a special event, like a birthday (the “Dedication”). You hereby agree to the following terms regarding a Dedication:
• You will not use the Dedication to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any Dedication, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the Dedication to discuss illegal activities.
• You will not impersonate any person or entity.
We reserve the right to reject message and/or Dedication for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Prohibited Use
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by PointWorthy to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by PointWorthy, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Website, you agree you will not: a) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PointWorthy representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; b) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; c) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; d) violate any applicable local, state, national or international law; e) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; f) delete or revise any material posted by any other person or entity; g) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.pointworthy.com, in accordance with the limited license and site access outlined above; h) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; i) harvest or otherwise collect information about others, including e-mail addresses; or j) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. PointWorthy reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. PointWorthy may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, PointWorthy reserves the right at all times to disclose any information as PointWorthy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PointWorthy's sole discretion.
Links to Third-Party Websites/Materials
This Website may contain hyperlinks to other sites owned and operated by parties other than PointWorthy, or to articles, resources or other materials. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites, and cannot be held responsible for the content or accuracy of anything on these sites, or to any articles, resources or other materials. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by PointWorthy, you acknowledge and agree that PointWorthy is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, articles, resources, materials, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. PointWorthy is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. PointWorthy shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, products, services or other materials available on or through any such website. PointWorthy is not responsible for the privacy practices of any other websites.
Misprints and Errors
We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
General Disclaimer
Content and other information contained on this Website has been prepared by PointWorthy as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PointWorthy has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by PointWorthy.
Additionally, this Website contains a search tool featuring a variety of qualifying tax-exempt organizations. The presentation of this list of charities on the Website does not constitute a solicitation of donations; PointWorthy does not engage in any solicitation activities on behalf of any listed charity. Additionally, the inclusion of a charity on the list or Website is not an endorsement by PointWorthy. Rather, PointWorthy makes no claims, representations or recommendation in regard to any of the listed charities, and you hereby acknowledge and agree that you are not relying on PointWorthy or any information provided by PointWorthy in selection a charity(ies) to support.
Users relying on Content, materials or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES ANY ANTHING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND POINTWORTHY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. POINTWORTHY MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT POINTWORTHY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF LOYALTY/REWARD POINTS, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF POINTWORTHY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, BREACH OF POINTWORTHY’S SECURITY OR ANY OUR CONTRACTORS, AFFILIATES OR AGENTS SECURITY– INCLUDING A DAF – THAT RESULTS IN THE RELEASE OR ACCESS TO YOUR PERSONAL INFORMATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE POINTWORTHY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold harmless PointWorthy, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, the use of any linked websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in PointWorthy's sole discretion.
Eligible Users; Children
The Website and the Services are intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are under 13, you are forbidden to use the Website and Services. If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website and the Services with their permission and under their supervision. By using the Website or the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by these Terms of Use. Notwithstanding anything to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Website or Services is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.
Force Majeure
PointWorthy shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of PointWorthy, including a delay in services from its contractors, agents or suppliers, including a DAF, and also including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Notices
Any notices to you from PointWorthy regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.
Choice of Law
These Terms of Use, and all questions about their legality, enforceability and interpretation, shall be governed by and construed in accordance with the laws of the State of Maryland and of the United States of America. The venue for any action arising under this Agreement shall be in Montgomery County, Maryland.
Website Privacy Policy
Our Website Privacy Policy, located at www.pointworthy.com/site/privacypolicy.xhtml describes the details of PointWorthy's information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.
Limited License and Site Access; Copyright; Trademarks and Service Marks
PointWorthy hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PointWorthy. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of PointWorthy or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of PointWorthy and is protected by U.S. and international copyright laws. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by PointWorthy. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. PointWorthy does not warrant or represent that your use of Content, Services, materials or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at customerservice@pointworthy.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Certain trademarks are the service marks and trademarks of PointWorthy or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of PointWorthy. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of PointWorthy.
Date These Terms of Use were Last Updated: January 19, 2014.
IMPORTANT – THIS IS A LEGAL
AGREEMENT BETWEEN YOU AND IDUGUUD INC. (“POINTWORTHY,” “WE” OR “US” OR
“OUR”). THIS WEBSITE, LOCATED AT WWW.POINTWORTHY.COM (THE "WEBSITE"),
IS OWNED AND OPERATED BY POINTWORTHY. THIS WEBSITE PROVIDES USERS WITH
ACCESS TO INFORMATION – INCLUDING INFORMATION RELATED TO CHARITIES -
WORKS OF AUTHORSHIP, AND OTHER CONTENT (THE “CONTENT”), AS WELL AS TO
A VARIETY OF SERVICES, INCLUDING THE ABILITY TO CONVERT LOYALTY/REWARD
POINTS (“LOYALTY POINTS”) INTO CASH DONATIONS (THE "SERVICES").
PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT www.pointworthy.com/site/privacypolicy.xhtml, WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY POINTWORTHY. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. POINTWORTHY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY POINTWORTHY FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
Loyalty Points Retrieval, Processing and Disbursements; Acknowledgements; Rules for Disbursements
PointWorthy provides a technology platform that allows Loyalty Point holders of participating Loyalty Point providers to convert their Loyalty Points into cash that can then be converted into charitable donations. In order to use the platform located on the Website, you must first register, setup an account and provide certain personal information. PointWorthy reserves the right to refuse any request to setup an account for any reason or no reason. You understand, acknowledge and agree that in order for PointWorthy to convert your Loyalty Points into cash on your behalf, you will need to link your loyalty rewards account to a PointWorthy account, this action enables us to withdraw, process and disburse your Loyalty Points. By linking your account you hereby authorize us to make such requests on your behalf in order to execute and complete transactions.
You understand and acknowledge that PointWorthy is a processor of payments, processing your points into cash, and disbursing such cash as a donation. You further understand and acknowledge that your donation designated via the Website may be transferred to a Donor Advised Fund (DAF) operated by a third party. A DAF is a 501(c)(3) charitable organization and in such instances will be the initial recipient of your donation; the DAF will subsequently processes your donations and disburses the funds to charities based on your recommendations. Please also note that in such instance your Loyalty Points statement will list the name of the DAF as the recipient “merchant” of your donation, rather than your designated charity.
The DAF’s we work with may also provide charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as more specifically described below. Additionally, PointWorthy will provide users with the ability to search and select charities through the PointWorthy Website. While you will have the option of passing your personal information to your designated charity or remaining anonymous, you acknowledge and understand, however, that in instances in which a DAF is being used, PointWorthy will be required to provide the DAF with certain personal information that you provide us in order to allow the DAF to complete your transaction.
Please note that if you made a donation through Donate with Points, and the charity you designated is no longer accepting donations, is no longer recognized by the IRS as a public charity, is no longer in good standing with federal regulators, or is no longer eligible for Donate with Points, PointWorthy will cancel the portion of the donation made with Loyalty Points and credit back your Loyalty Points account. You will receive a donation cancellation email informing you of this event. If a donation or part of a donation was made using a PointWorthy e-Gift Card or a credit card, the portion of the donation funded by the PointWorthy e-Gift Card or the credit card is non-refundable. If you used a PointWorthy e-Gift Card or credit card to designate a charity that is no longer accepting donations, is no longer recognized by the IRS as a public charity, or is no longer in good standing with federal regulators, the DAF will distribute the donation to another charity that meets high public accountability standards and whose mission is similar to the designated charity that you originally selected.
Using a Credit Card Payment to Increase Your Point-Donation; Payment Processing
In some instances, PointWorthy will allow you to increase your Loyalty Point contribution by using your credit card to add additional value. PointWorthy has engaged the services of Stripe, a payment gateway, to process all such payment transactions in an effort to render the making of such payments easy and seamless. Stripe manages the routing of applicable customer information through the credit card processing networks. PointWorthy is not affiliated with Stripe, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by Stripe, including those related to payment transactions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such Stripes services. If you do not agree with these terms, you should not use Stripe. You will be required to provide certain personal information to Stripe in order for them to process your payment transaction. Any information that you provide in conjunction with, or related to, a payment transaction, will be treated in accordance with Stripe’s privacy policy, located at https://stripe.com/us/privacy, and Stripe’s Terms of Use, located at https://stripe.com/us/terms; we recommend that you review these policies for additional information.
Rescission Period
ALL TRANSACTIONS ARE SUBJECT TO A 15-DAY RESCISSION PERIOD. IF DURING THE INITIAL 15 DAYS SUBSEQUENT TO YOUR TRANSACTION YOU DECIDE TO CANCEL YOUR TRANSACTION, YOU CAN DO SO ON THE POINTWORTHY WEBSITE USING THE CANCELATION FUNCTIONALITY YOU CAN ALSO CALL SUPPORT AT (888) 877-0535 OR CONTACT US AT customerservice@pointworthy.com. AFTER 15 DAYS, ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE, AND MAY NOT BE CANCELLED OR REVERSED. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION.
Certain Restrictions
You understand, acknowledge and agree that you cannot accept any goods or services in exchange for your donation. If you received goods or services in exchange for a donation, you understand that your tax deduction may be limited to the excess of the contribution over the fair market value of any items received in exchange for the donation.
You understand, acknowledge and agree that the assets held in a DAF are the organization's property, subject to the organization's exclusive legal control, and that grant funds may be used only for charitable purposes and not for the benefit of the donor or donor advisor or other impermissible private benefit.
You understand and agree that the minimum donation amount is $10.00
No Relationship with Donor Advised Funds
PointWorthy is not affiliated with any of the DAFs with which we work, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by a DAF, including those related to donation/disbursement of transactions, charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as well as all other acts or omissions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such DAF services.
Fees
PointWorthy will charge a Processing Fee of 10% (“Processing Fee”) from your donation to cover the costs of processing and disbursement. In cases in which PointWorthy works with a DAF, we will share part of the Processing Fee with such DAF. In some instances our partner Loyalty Rewards Plans may decide to cover the processing fees. In these cases, no amount will be deducted from the donation and the entire amount of the donation is distributed to the DAF by the fifth day of every month and the DAF is instructed to forward the entire amount of the donation to the recommended charity of record on a monthly basis by the 10th day of the Month. In other cases where a donation is made through one of our partner Loyalty Rewards Plans which does not cover the processing fees, you understand and acknowledge that the 10% fee will be deducted from the donation to cover the costs of Processing and Disbursement, the remaining 90% of your donation is distributed to the DAF by the fifth day of each month and, subject to these Terms of Use, said DAF is instructed to forward the remaining 90% of your donation to the recommended charity of record on a monthly basis by the 10th day of the month.
Recurring Donation
I understand that if my donation is recurring, my first donation will be charged immediately, and the next donation will occur in the month I have chosen. Recurring donations are charged on the first of every month and can be cancelled at any time before the first of the month. If a transaction is declined the donation will be automatically cancelled.
eGift Cards
PointWorthy provides the option to use your points to purchase an eGift Card (the “eGift Card”). eGift Cards can be redeemed through PointWorthy's website, www.PointWorthy.com or our partner’s websites enabled for this purpose, for charitable donations to any of the organizations listed on the website. You acknowledge and agree that eGift Cards are not a credit cards, charge cards, debit cards or travelers checks.
You hereby agree to the following terms regarding the purchase and redemption of charity eGift Cards:
• eGift Cards cannot be used to purchase eGift Cards.
• eGift Cards are not redeemable for cash and cannot be returned for a cash refund. Any unused balance will be placed in the recipient's eGift Card account and is not transferable.
• If a transaction exceeds the amount of my eGift Card, I must pay for the balance with a credit card.
• PointWorthy is not responsible for lost or stolen eGift Cards. You agree to safeguard your eGift Card and treat it like cash. Point Worthy is not responsible for lost or stolen eGift Cards.
• PointWorthy will have the right to close donor accounts and request alternative forms of payment if a fraudulently obtained eGift Card is redeemed through the PointWorthy website or the websites of any of our partners.
• eGift Cards are valid for five years from the date of purchase. After that time, they are no longer redeemable and have no value. Any remaining amounts on expired eGift Cards will be donated to charity using a DAF and assigning the amount to anyone of the top 5 charities receiving funds through PointWorthy.
• In the event a eGift Card code is non-functional, your remedy and PointWorthy's sole liability is the replacement of said eGift Card.
• You will not use the eGift Cards to violate or circumvent any laws, rules, ordinances or government regulations.
• You will not use the eGift Card to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any eGift Card, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the eGift Card for illegal activities.
We reserve the right to reject any request for an eGift Card for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Dedications
PointWorthy also provides you the option of dedicating your charitable gift in another person’s honor or to memorialize a special event, like a birthday (the “Dedication”). You hereby agree to the following terms regarding a Dedication:
• You will not use the Dedication to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any Dedication, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the Dedication to discuss illegal activities.
• You will not impersonate any person or entity.
We reserve the right to reject message and/or Dedication for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Prohibited Use
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by PointWorthy to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by PointWorthy, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Website, you agree you will not: a) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PointWorthy representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; b) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; c) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; d) violate any applicable local, state, national or international law; e) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; f) delete or revise any material posted by any other person or entity; g) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.pointworthy.com, in accordance with the limited license and site access outlined above; h) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; i) harvest or otherwise collect information about others, including e-mail addresses; or j) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. PointWorthy reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. PointWorthy may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, PointWorthy reserves the right at all times to disclose any information as PointWorthy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PointWorthy's sole discretion.
Links to Third-Party Websites/Materials
This Website may contain hyperlinks to other sites owned and operated by parties other than PointWorthy, or to articles, resources or other materials. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites, and cannot be held responsible for the content or accuracy of anything on these sites, or to any articles, resources or other materials. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by PointWorthy, you acknowledge and agree that PointWorthy is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, articles, resources, materials, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. PointWorthy is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. PointWorthy shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, products, services or other materials available on or through any such website. PointWorthy is not responsible for the privacy practices of any other websites.
Misprints and Errors
We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
General Disclaimer
Content and other information contained on this Website has been prepared by PointWorthy as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PointWorthy has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by PointWorthy.
Additionally, this Website contains a search tool featuring a variety of qualifying tax-exempt organizations. The presentation of this list of charities on the Website does not constitute a solicitation of donations; PointWorthy does not engage in any solicitation activities on behalf of any listed charity. Additionally, the inclusion of a charity on the list or Website is not an endorsement by PointWorthy. Rather, PointWorthy makes no claims, representations or recommendation in regard to any of the listed charities, and you hereby acknowledge and agree that you are not relying on PointWorthy or any information provided by PointWorthy in selection a charity(ies) to support.
Users relying on Content, materials or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES ANY ANTHING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND POINTWORTHY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. POINTWORTHY MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT POINTWORTHY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF LOYALTY/REWARD POINTS, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF POINTWORTHY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, BREACH OF POINTWORTHY’S SECURITY OR ANY OUR CONTRACTORS, AFFILIATES OR AGENTS SECURITY– INCLUDING A DAF – THAT RESULTS IN THE RELEASE OR ACCESS TO YOUR PERSONAL INFORMATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE POINTWORTHY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold harmless PointWorthy, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, the use of any linked websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in PointWorthy's sole discretion.
Eligible Users; Children
The Website and the Services are intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are under 13, you are forbidden to use the Website and Services. If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website and the Services with their permission and under their supervision. By using the Website or the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by these Terms of Use. Notwithstanding anything to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Website or Services is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.
Force Majeure
PointWorthy shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of PointWorthy, including a delay in services from its contractors, agents or suppliers, including a DAF, and also including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Notices
Any notices to you from PointWorthy regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.
Choice of Law
These Terms of Use, and all questions about their legality, enforceability and interpretation, shall be governed by and construed in accordance with the laws of the State of Maryland and of the United States of America. The venue for any action arising under this Agreement shall be in Montgomery County, Maryland.
Website Privacy Policy
Our Website Privacy Policy, located at www.pointworthy.com/site/privacypolicy.xhtml describes the details of PointWorthy's information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.
Limited License and Site Access; Copyright; Trademarks and Service Marks
PointWorthy hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PointWorthy. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of PointWorthy or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of PointWorthy and is protected by U.S. and international copyright laws. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by PointWorthy. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. PointWorthy does not warrant or represent that your use of Content, Services, materials or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at customerservice@pointworthy.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Certain trademarks are the service marks and trademarks of PointWorthy or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of PointWorthy. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of PointWorthy.
Date These Terms of Use were Last Updated: January 19, 2014.
PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT www.pointworthy.com/site/privacypolicy.xhtml, WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY POINTWORTHY. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. POINTWORTHY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY POINTWORTHY FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
Loyalty Points Retrieval, Processing and Disbursements; Acknowledgements; Rules for Disbursements
PointWorthy provides a technology platform that allows Loyalty Point holders of participating Loyalty Point providers to convert their Loyalty Points into cash that can then be converted into charitable donations. In order to use the platform located on the Website, you must first register, setup an account and provide certain personal information. PointWorthy reserves the right to refuse any request to setup an account for any reason or no reason. You understand, acknowledge and agree that in order for PointWorthy to convert your Loyalty Points into cash on your behalf, you will need to link your loyalty rewards account to a PointWorthy account, this action enables us to withdraw, process and disburse your Loyalty Points. By linking your account you hereby authorize us to make such requests on your behalf in order to execute and complete transactions.
You understand and acknowledge that PointWorthy is a processor of payments, processing your points into cash, and disbursing such cash as a donation. You further understand and acknowledge that your donation designated via the Website may be transferred to a Donor Advised Fund (DAF) operated by a third party. A DAF is a 501(c)(3) charitable organization and in such instances will be the initial recipient of your donation; the DAF will subsequently processes your donations and disburses the funds to charities based on your recommendations. Please also note that in such instance your Loyalty Points statement will list the name of the DAF as the recipient “merchant” of your donation, rather than your designated charity.
The DAF’s we work with may also provide charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as more specifically described below. Additionally, PointWorthy will provide users with the ability to search and select charities through the PointWorthy Website. While you will have the option of passing your personal information to your designated charity or remaining anonymous, you acknowledge and understand, however, that in instances in which a DAF is being used, PointWorthy will be required to provide the DAF with certain personal information that you provide us in order to allow the DAF to complete your transaction.
Please note that if you made a donation through Donate with Points, and the charity you designated is no longer accepting donations, is no longer recognized by the IRS as a public charity, is no longer in good standing with federal regulators, or is no longer eligible for Donate with Points, PointWorthy will cancel the portion of the donation made with Loyalty Points and credit back your Loyalty Points account. You will receive a donation cancellation email informing you of this event. If a donation or part of a donation was made using a PointWorthy e-Gift Card or a credit card, the portion of the donation funded by the PointWorthy e-Gift Card or the credit card is non-refundable. If you used a PointWorthy e-Gift Card or credit card to designate a charity that is no longer accepting donations, is no longer recognized by the IRS as a public charity, or is no longer in good standing with federal regulators, the DAF will distribute the donation to another charity that meets high public accountability standards and whose mission is similar to the designated charity that you originally selected.
Using a Credit Card Payment to Increase Your Point-Donation; Payment Processing
In some instances, PointWorthy will allow you to increase your Loyalty Point contribution by using your credit card to add additional value. PointWorthy has engaged the services of Stripe, a payment gateway, to process all such payment transactions in an effort to render the making of such payments easy and seamless. Stripe manages the routing of applicable customer information through the credit card processing networks. PointWorthy is not affiliated with Stripe, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by Stripe, including those related to payment transactions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such Stripes services. If you do not agree with these terms, you should not use Stripe. You will be required to provide certain personal information to Stripe in order for them to process your payment transaction. Any information that you provide in conjunction with, or related to, a payment transaction, will be treated in accordance with Stripe’s privacy policy, located at https://stripe.com/us/privacy, and Stripe’s Terms of Use, located at https://stripe.com/us/terms; we recommend that you review these policies for additional information.
Rescission Period
ALL TRANSACTIONS ARE SUBJECT TO A 15-DAY RESCISSION PERIOD. IF DURING THE INITIAL 15 DAYS SUBSEQUENT TO YOUR TRANSACTION YOU DECIDE TO CANCEL YOUR TRANSACTION, YOU CAN DO SO ON THE POINTWORTHY WEBSITE USING THE CANCELATION FUNCTIONALITY YOU CAN ALSO CALL SUPPORT AT (888) 877-0535 OR CONTACT US AT customerservice@pointworthy.com. AFTER 15 DAYS, ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE, AND MAY NOT BE CANCELLED OR REVERSED. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION.
Certain Restrictions
You understand, acknowledge and agree that you cannot accept any goods or services in exchange for your donation. If you received goods or services in exchange for a donation, you understand that your tax deduction may be limited to the excess of the contribution over the fair market value of any items received in exchange for the donation.
You understand, acknowledge and agree that the assets held in a DAF are the organization's property, subject to the organization's exclusive legal control, and that grant funds may be used only for charitable purposes and not for the benefit of the donor or donor advisor or other impermissible private benefit.
You understand and agree that the minimum donation amount is $10.00
No Relationship with Donor Advised Funds
PointWorthy is not affiliated with any of the DAFs with which we work, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, PointWorthy expressly disclaims responsibility and liability for all services provided by a DAF, including those related to donation/disbursement of transactions, charity verification services, charitable fund distribution from its DAF, and related administration and reporting services, as well as all other acts or omissions, and you hereby agree that PointWorthy shall not be responsible for any loss or damage of any sort incurred as a result of such DAF services.
Fees
PointWorthy will charge a Processing Fee of 10% (“Processing Fee”) from your donation to cover the costs of processing and disbursement. In cases in which PointWorthy works with a DAF, we will share part of the Processing Fee with such DAF. In some instances our partner Loyalty Rewards Plans may decide to cover the processing fees. In these cases, no amount will be deducted from the donation and the entire amount of the donation is distributed to the DAF by the fifth day of every month and the DAF is instructed to forward the entire amount of the donation to the recommended charity of record on a monthly basis by the 10th day of the Month. In other cases where a donation is made through one of our partner Loyalty Rewards Plans which does not cover the processing fees, you understand and acknowledge that the 10% fee will be deducted from the donation to cover the costs of Processing and Disbursement, the remaining 90% of your donation is distributed to the DAF by the fifth day of each month and, subject to these Terms of Use, said DAF is instructed to forward the remaining 90% of your donation to the recommended charity of record on a monthly basis by the 10th day of the month.
Recurring Donation
I understand that if my donation is recurring, my first donation will be charged immediately, and the next donation will occur in the month I have chosen. Recurring donations are charged on the first of every month and can be cancelled at any time before the first of the month. If a transaction is declined the donation will be automatically cancelled.
eGift Cards
PointWorthy provides the option to use your points to purchase an eGift Card (the “eGift Card”). eGift Cards can be redeemed through PointWorthy's website, www.PointWorthy.com or our partner’s websites enabled for this purpose, for charitable donations to any of the organizations listed on the website. You acknowledge and agree that eGift Cards are not a credit cards, charge cards, debit cards or travelers checks.
You hereby agree to the following terms regarding the purchase and redemption of charity eGift Cards:
• eGift Cards cannot be used to purchase eGift Cards.
• eGift Cards are not redeemable for cash and cannot be returned for a cash refund. Any unused balance will be placed in the recipient's eGift Card account and is not transferable.
• If a transaction exceeds the amount of my eGift Card, I must pay for the balance with a credit card.
• PointWorthy is not responsible for lost or stolen eGift Cards. You agree to safeguard your eGift Card and treat it like cash. Point Worthy is not responsible for lost or stolen eGift Cards.
• PointWorthy will have the right to close donor accounts and request alternative forms of payment if a fraudulently obtained eGift Card is redeemed through the PointWorthy website or the websites of any of our partners.
• eGift Cards are valid for five years from the date of purchase. After that time, they are no longer redeemable and have no value. Any remaining amounts on expired eGift Cards will be donated to charity using a DAF and assigning the amount to anyone of the top 5 charities receiving funds through PointWorthy.
• In the event a eGift Card code is non-functional, your remedy and PointWorthy's sole liability is the replacement of said eGift Card.
• You will not use the eGift Cards to violate or circumvent any laws, rules, ordinances or government regulations.
• You will not use the eGift Card to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any eGift Card, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the eGift Card for illegal activities.
We reserve the right to reject any request for an eGift Card for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Dedications
PointWorthy also provides you the option of dedicating your charitable gift in another person’s honor or to memorialize a special event, like a birthday (the “Dedication”). You hereby agree to the following terms regarding a Dedication:
• You will not use the Dedication to behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in any Dedication, and will not include language or content that is obscene, sexually oriented, or sexually suggestive.
• You will not use the Dedication to discuss illegal activities.
• You will not impersonate any person or entity.
We reserve the right to reject message and/or Dedication for any reason whatsoever. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Prohibited Use
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by PointWorthy to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by PointWorthy, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Website, you agree you will not: a) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PointWorthy representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; b) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; c) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; d) violate any applicable local, state, national or international law; e) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; f) delete or revise any material posted by any other person or entity; g) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.pointworthy.com, in accordance with the limited license and site access outlined above; h) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; i) harvest or otherwise collect information about others, including e-mail addresses; or j) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. PointWorthy reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. PointWorthy may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, PointWorthy reserves the right at all times to disclose any information as PointWorthy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PointWorthy's sole discretion.
Links to Third-Party Websites/Materials
This Website may contain hyperlinks to other sites owned and operated by parties other than PointWorthy, or to articles, resources or other materials. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites, and cannot be held responsible for the content or accuracy of anything on these sites, or to any articles, resources or other materials. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by PointWorthy, you acknowledge and agree that PointWorthy is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, articles, resources, materials, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. PointWorthy is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. PointWorthy shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, products, services or other materials available on or through any such website. PointWorthy is not responsible for the privacy practices of any other websites.
Misprints and Errors
We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
General Disclaimer
Content and other information contained on this Website has been prepared by PointWorthy as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PointWorthy has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by PointWorthy.
Additionally, this Website contains a search tool featuring a variety of qualifying tax-exempt organizations. The presentation of this list of charities on the Website does not constitute a solicitation of donations; PointWorthy does not engage in any solicitation activities on behalf of any listed charity. Additionally, the inclusion of a charity on the list or Website is not an endorsement by PointWorthy. Rather, PointWorthy makes no claims, representations or recommendation in regard to any of the listed charities, and you hereby acknowledge and agree that you are not relying on PointWorthy or any information provided by PointWorthy in selection a charity(ies) to support.
Users relying on Content, materials or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES ANY ANTHING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND POINTWORTHY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. POINTWORTHY MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT POINTWORTHY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF LOYALTY/REWARD POINTS, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF POINTWORTHY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, BREACH OF POINTWORTHY’S SECURITY OR ANY OUR CONTRACTORS, AFFILIATES OR AGENTS SECURITY– INCLUDING A DAF – THAT RESULTS IN THE RELEASE OR ACCESS TO YOUR PERSONAL INFORMATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE POINTWORTHY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold harmless PointWorthy, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, the use of any linked websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in PointWorthy's sole discretion.
Eligible Users; Children
The Website and the Services are intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are under 13, you are forbidden to use the Website and Services. If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website and the Services with their permission and under their supervision. By using the Website or the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by these Terms of Use. Notwithstanding anything to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Website or Services is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.
Force Majeure
PointWorthy shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of PointWorthy, including a delay in services from its contractors, agents or suppliers, including a DAF, and also including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Notices
Any notices to you from PointWorthy regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.
Choice of Law
These Terms of Use, and all questions about their legality, enforceability and interpretation, shall be governed by and construed in accordance with the laws of the State of Maryland and of the United States of America. The venue for any action arising under this Agreement shall be in Montgomery County, Maryland.
Website Privacy Policy
Our Website Privacy Policy, located at www.pointworthy.com/site/privacypolicy.xhtml describes the details of PointWorthy's information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.
Limited License and Site Access; Copyright; Trademarks and Service Marks
PointWorthy hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PointWorthy. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of PointWorthy or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of PointWorthy and is protected by U.S. and international copyright laws. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by PointWorthy. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. PointWorthy does not warrant or represent that your use of Content, Services, materials or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at customerservice@pointworthy.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Certain trademarks are the service marks and trademarks of PointWorthy or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of PointWorthy. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of PointWorthy.
Date These Terms of Use were Last Updated: January 19, 2014.