GeekPoints PROGRAM MEMBER AGREEMENT
The GeekPoints Program
Program Terms and Conditions
- You must be 18 years of age or older and residing in the United States or Canada to become a Member in the Program. Corporations, partnerships, or any other business entities are not eligible for membership.
- The Program is available via access to the ThinkGeek Website: http://www.thinkgeek.com (the "Website"). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. ThinkGeek is not responsible for your inability to connect to the Internet, log onto the Website or access your GeekPoints Account.
- Members must be human: no machines, scripts, or automated services may be used to accumulate GeekPoints.
- Membership is limited to one account per person ("Account"). You cannot maintain multiple accounts even if you have multiple e-mail addresses. Any duplicate accounts will be subject to termination, and any GeekPoints accumulated therein will be forfeited.
Accrual of GeekPoints
- GeekPoints is the rewards "currency" of the Program. As a Member, you will have the opportunity to earn GeekPoints by purchasing products and/or services generally offered by ThinkGeek (a "Purchase"), or as offered and approved as promotions on the Website from time to time ("Promotions"), and/or by participating in questionnaires, surveys or contests ("Contests"). It is your responsibility to comply with the rules specified by each Promotion or Contest. Your eligibility to participate in any given Promotion or Contest, and your compliance with the rules for fulfillment of any given Promotion or Contest, will be determined solely by ThinkGeek.
- GeekPoints cannot be accrued until you are enrolled in the Program. GeekPoints will not apply for Purchases that occurred prior to your enrollment, unless otherwise indicated by a specific Promotion or Contest, in which case your Account will be credited according to the rules and eligibility of the Promotion or Contest.
- ThinkGeek reserves the right to invalidate GeekPoints posted to your Account upon notice by ThinkGeek that you did not fulfill your obligation under the applicable Promotion or Contest rules.
- ThinkGeek, at its sole discretion, determines the number of points to be awarded for any Purchase, Promotion, or Contest. Purchases of equal retail value may accrue a different number of GeekPoints.
- Not every Purchase on the Website will result in accrual of GeekPoints. The purchase of Gift Cards does not result in accrual of GeekPoints. Redeeming a Gift Card will result in accrual of GeekPoints when applicable. Purchases that are purchased solely with or discounted by a Reward (as defined below) or Promotion received through the redemption of GeekPoints will not accrue GeekPoints. In some cases, as may be determined by ThinkGeek, some Purchases or Promotions may not accrue GeekPoints, and will be labeled as such on the Website.
- Once you make a Purchase or fulfill all applicable requirements for a Promotion or Contest, the designated number of GeekPoints specified by that Purchase, Promotion or Contest will be transferred into your Account. In some cases, there may be some delay in the crediting of GeekPoints to your Account. You cannot use multiple Promotions for the same Purchase. GeekPoints will not be usable until ThinkGeek receives full payment for the order in which the GeekPoints were accrued.
- Cancelled Purchases will result in loss of the applicable GeekPoints accrued from that Purchase.
- Purchases returned to ThinkGeek for a refund will result in forfeiture of GeekPoints accrued from that Purchase.
- ThinkGeek will not be responsible for any delay or failure to credit GeekPoints to your Account. It is your responsibility to regularly check your Account to ensure that GeekPoints transfers have been properly credited and that your Account balance is accurate. If you contend that GeekPoints have been earned but not credited, ThinkGeek reserves the right to require proof of accrual of such GeekPoints from you, including but not limited to copies of receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for GeekPoints and proof of accrual of said points must be received by ThinkGeek within ninety (90) days after the date such GeekPoints were claimed to be earned.
- ThinkGeek reserves the right to audit your account and Geek Point accrual without notice for compliance with the rules set forth in these Program Terms at any time. In the event that the audit reveals discrepancies, you may be subject to forfeiture of your GeekPoints if said discrepancies are not resolved.
- ThinkGeek is not responsible for changes to, or discontinuance of any Promotion or Contest, or for any effect on accrual of GeekPoints caused by such changes or discontinuance.
- ThinkGeek is under no obligation to provide Members with a guaranteed number of GeekPoints opportunities or advise them of Promotion or Contest offers.
- For additional questions about specific Promotions or Contests, please address inquiries to ThinkGeek via email to firstname.lastname@example.org.
Account Access and Password
- When you enroll for membership at the Website, you will be asked to enter a password and secret phrase. This will allow you to access your Account to verify accruals of GeekPoints, check Account balances, and redeem GeekPoints for selected products and discount coupons as set forth in the Website (the "Rewards").
- You must be logged into the Website, using your email address and password, in order to access your GeekPoints Account. You may check your Account status and recent GeekPoints earning history at any time. You may also request receipt of your Account statement by email.
- ThinkGeek is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for maintaining the confidentiality of your email address, password, and account information. ThinkGeek is not responsible for any credits or debits made to your Account or for any loss you may incur as a result of any unauthorized person using your email, password or account information. If you forgot your password or secret phrase, please contact our customer service department at: email@example.com.
- Members agree to provide correct and accurate personal identifying information including email address to ThinkGeek.
- Keeping your Account information accurate and up to date is very important. You have a continuing obligation to ensure that your information is up to date and accurate at all times. Failure to provide ThinkGeek with accurate account information may result in forfeiture of your GeekPoints.
Redemption of GeekPoints
- GeekPoints accrued in your Account can be redeemed for Rewards offered through ThinkGeek at the time of redemption, provided that your Account contains the minimum number of GeekPoints required for redemption of the requested Reward. GeekPoints cannot be redeemed for any taxes associated with such redemption.
- Redemption requests must be initiated while logged onto the Website, using your email address and password.
- Although ThinkGeek will provide an estimated time for fulfillment of your redemption request, ThinkGeek does not guarantee delivery within the estimated time, and shall not be held responsible for any failure to deliver a Reward within the time designated.
- ThinkGeek is not responsible for changes to or discontinuance of any Reward, or for any effect on or devaluation of Rewards caused by such change or discontinuance. Members should not rely upon the continued availability of any Reward or Reward level. ThinkGeek is not responsible for replacement of any discontinued or changed Reward.
- Shipping and/or import restrictions may apply to Rewards. Related shipping charges will apply to Rewards unless otherwise specified by ThinkGeek.
- Once the Member redeems GeekPoints for Rewards, the appropriate number of GeekPoints will be deducted from the Member's Account. Under no circumstances will Rewards be refunded or exchanged for GeekPoints or cash, nor will GeekPoints be restored to the Member's Account once a Member claims a Reward. All redemptions are final.
- Redemptions made with fraudulently accrued GeekPoints will be charged to your credit card at full value.
- ThinkGeek is not responsible for any product warranties relating to Rewards. Please review the manufacturer's warranty on any Rewards when redeeming GeekPoints.
- GeekPoints have no cash value and are not redeemable in the event the Program is terminated, or if ThinkGeek ceases to do business or is sold, assigned, declared bankrupt or a receiver is put in place.
- GeekPoints cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except where designated by ThinkGeek.
- GeekPoints are void where prohibited by law. You shall comply with all laws, rules, and regulations that are applicable to a member of this Program. You acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by such laws, rules, and regulations.
- ThinkGeek reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available on any particular promotional offer at any time. For any questions, please address inquiries to ThinkGeek at: firstname.lastname@example.org.
GeekPoints earned on or after the date of your enrollment (including any retroactive GeekPoints as noted above) shall be subject to expiration thirty-six (36) months after the date on which said GeekPoints accrued. Expired GeekPoints will be deducted from your Account. No refunds, credits or extensions will be given for GeekPoints that have expired.
- GeekPoints earned, granted or accumulated under the Program may not be assigned or transferred to any third party.
- The sale or barter, assignment, or other disposal of any GeekPoints is expressly prohibited.
- GeekPoints do not constitute property, and are not transferable: (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
- GeekPoints assigned, sold, or otherwise transferred in violation of the Program Terms will be confiscated or canceled. Any violator of the foregoing restrictions is subject to account termination, deduction of GeekPoints from his or her Account, and/or liability for damages and litigation and transaction costs.
Termination or Changes to the Program
- ThinkGeek reserves the right to terminate the Program for whatever reason with thirty (30) days notice. This means you will have 30 days from the date of notice to accumulate and redeem GeekPoints in your Account before the Program terminates.
- Notification of Program termination will be posted on the Website. ThinkGeek will not be held responsible for failing to notify you of Program termination should you fail to check the Website on a regular and frequent basis.
- ThinkGeek may at any time and without notice suspend or disable the Website for maintenance or upgrades. ThinkGeek will not be responsible for Members' inability to redeem or earn GeekPoints for the period that the Website is disabled.
- Your continued membership in the Program constitutes your agreement to the Program Terms, and any Modifications thereto.
Termination of Membership
- A Member may voluntarily terminate membership in the Program at any time and is effective upon submitting a termination request via email to email@example.com and the Member receiving confirmation of such termination from ThinkGeek. GeekPoints accumulated but not redeemed by the Member up to the date of termination will be forfeited. Members may not accrue or redeem GeekPoints after the date of termination.
- ThinkGeek reserves the right, in its sole discretion, to disqualify you from membership in the Program if, in the sole judgment of ThinkGeek you violate the Program Terms, and/or any Modifications thereto, by providing notice. Upon any termination hereunder, the Member's right to accrue and redeem GeekPoints shall immediately be cancelled. Any and all GeekPoints accumulated but not redeemed up to the date of termination will be forfeited.
- Membership in the Program is subject to the Program Terms. Any failure to comply with the Program Terms, any fraud or abuse relating to the accrual or redemption of GeekPoints or any misrepresentation of any information supplied to ThinkGeek by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Account and/or forfeiture of your GeekPoints.
- Membership in the Program terminates immediately upon your death.
- If at any time, you do not accept the Program Terms, or any subsequent Modifications thereto, or become dissatisfied with the Program, your sole remedy is to terminate your participation and membership in the Program.
Notification of Changes
Disclaimer of Warranties
THE GeekPoints PROGRAM IS BEING PROVIDED TO MEMBERS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINKGEEK EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILILTY, SATISFACTORY QUALITY, N0N-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THINKGEEK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR PROMOTIONS FOR ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED IN CONJUNCTION WITH THE PROGRAM NOR DOES THINKGEEK ASSUME ANY RESPONSIBILITY FOR INFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.
IN ADDITION, ALTHOUGH THINKGEEK INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE THINKGEEK WEBSITE, THINKGEEK DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER DESTRUCTIVE MATERIALS. IN ADDITION, THINKGEEK DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THINKGEEK ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THIS SITE.
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE, WRITTEN OR ORAL, GIVEN OR MADE BY OR ON BEHALF OF THINKGEEK PRIOR TO THIS MEMBER AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS PROVISION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
Limitation of Liability
IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH THINKGEEK HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN OFFER PARTNER RELATIONSHIP, AN AFFILIATE OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF THINKGEEK OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY THINKGEEK.
THINKGEEK SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PECUNIARY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY THINKGEEK IN ADMINISTERING THE PROGRAM; OR (III) THE USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF THINKGEEK OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THINKGEEK IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR CHANGES OR DISCONTINUANCES OF SERVICES OR MERCHANDISE FROM SUPPLIERS, WHICH MAY AFFECT PROMOTIONAL OR CONTEST OFFERS, OR THE ACCRUAL OF GeekPoints.
IN NO EVENT SHALL THINKGEEK'S TOTAL LIABILITY, EITHER JOINTLY OR SEVERALLY, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE AND/OR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) EXCEED ONE DOLLAR (US$1.00).
Fraud and Abuse
Fraud or abuse relating to the accrual of points or redemption of GeekPoints may result in forfeiture of accrued points as well as the termination of your ThinkGeek Account. You are solely responsible for any fraudulent use of your GeekPoints that could occur due to the theft of or sharing of your password. GeekPoints is a service provided to an individual ThinkGeek user, not a company. It is considered fraudulent and abusive for any individual or company to direct, encourage, or allow individuals to use a single ThinkGeek account for the purpose of accumulating points for company use.
You agree not to abuse the GeekPoints Program by conduct which is detrimental to the interests of ThinkGeek, including without limitation attempting to accrue GeekPoints or spend GeekPoints in a manner inconsistent with the rules of or intent of this Member Agreement, having multiple accounts, attempting to earn GeekPoints through other than legitimate channels, or participating in purchasing or redemption fraud, etc.
ThinkGeek reserves the right to terminate or disable, at ThinkGeek's sole discretion, any Program membership if ThinkGeek believes you have violated or acted inconsistently with the Program Terms or intent of this Member Agreement. You understand and agree disabling of membership will result in your inability to redeem and/or earn GeekPoints. You understand and agree termination of membership will result in the cancellation of all of your GeekPoints.
ThinkGeek shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of GeekPoints) shall be final and binding.
Disputes or Errors
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of GeekPoints for accrual or redemption, must be submitted via email within sixty (60) days of the qualifying transaction, to firstname.lastname@example.org. ThinkGeek shall resolve all and any disputes at its sole discretion. In the event that an error is made by ThinkGeek, such error shall not constitute a breach of this Member Agreement, and your sole remedy shall be the credit of the disputed GeekPoints to your Account. All interpretations of Program Terms shall be at the sole discretion of ThinkGeek. ThinkGeek is solely responsible for the interpretation and application of the policies and procedures communicated in this Member Agreement and elsewhere to other Program members. All determinations by ThinkGeek shall be final and conclusive in each case.
Any controversy or claim arising out of or related to the Program or the Member Agreement or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Fairfax, Virginia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or dispute of any other party. The arbitration shall be governed by federal arbitration law and Rules, without reference to state arbitration law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You and ThinkGeek agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall not have authority to award punitive or exemplary damages against the other party. This arbitration section shall survive termination of the Program or your participation in it.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflicts of law rules. If any provision of this Member Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. ThinkGeek's failure to insist upon or enforce strict performance of any provision of the Member Agreement shall not be construed as a waiver of any provision or right. Nothing in this Member Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between ThinkGeek and you, or between ThinkGeek and its suppliers. ThinkGeek's suppliers shall have no ability to create any obligation on ThinkGeek's behalf. This Member Agreement constitutes the entire agreement between you and ThinkGeek and supersedes all prior understandings, agreements, communications and / or advertising with respect to the Program.
You agree to indemnify and hold ThinkGeek, and its respective affiliates, officers, directors and employees harmless from any and all claims, demands, damages, and / or costs incurred in connection with any transaction or activity in which you engage in connection with the Program that violates local laws, rules or regulations.