Last Updated: June 12, 2023
These Terms and Conditions (the “Terms”) set forth the legally binding terms and conditions that govern your use of our My Corner Rewards ("My Corner Rewards”,"us", "our", and "we") Services (defined below). By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN PROVISIONS PROVIDING FOR TEXT MESSAGING AND PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON CORNER REWARDS’ LIABILITY. YOUR USE OF THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY AND ADDITIONAL TERMS, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE SERVICES.
Table of Contents
Services
Brand/Retailer Accounts
Purchase and Payment
Ownership and License
My Corner Rewards Rewards Program
Prohibited Conduct
Privacy
Representations and Warranties
Disclaimers
Limitation of Liability
Indemnification
Dispute Resolution; Arbitration; Prohibition of Class Actions
General Provisions
Modification of these Terms
Contact Us
1. Services.
1.1. About Us. My Corner Rewards uses its platform located at www.MyCornerRewards.com (the “Site”) as well as the My Corner Rewards app, which is available to download from the Apple® App Store for iOS devices and the Google Play™ store for Android™ devices (the “App”), enables its users (“Customers”) to utilize promotions for products from different brands (“Brands”) across a network of independent convenience stores (“Retailers”) This creates a relationship for Retailers to offer Brand promotions to Customers and for Brands to create programs that encourage Retailers to carry and promote their products (collectively, the “Services”).
1.2. Modification or Cancellation of the Services. We reserve the right at any time, with or without notice, to modify or terminate the Services or any portion thereof.
1.3. SMS/Text Messaging. By signing up for My Corner Rewards you give your consent to us to contact you via SMS/text messaging (the “My Corner Rewards SMS Program”). The My Corner Rewards SMS Program is a consumer loyalty program where end-users will receive various deals via SMS/text messaging to be used at independent convenience stores. You consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us, regarding your use of My Corner Rewards. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. My Corner Rewards and our agents, representatives, affiliates, and anyone texting on our behalf may use such means of communication described in this section even if you will incur costs to receive such text messages. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you. Message frequency will vary. Reply HELP for help, Reply STOP to stop at any time. Additionally, you consent to our sharing your telephone number with third parties who may text you with offers and other marketing messages. Standard message and data rates may apply to all SMS messages (including text messages) from such third parties. We do not control the SMS/Text messaging programs of such third parties and are not responsible for the same. Message frequency will vary. You may reply STOP to such third party messages to request that they stop such messaging.
1.4. Email Marketing. By signing up for My Corner Rewards you give your consent to be contacted by email with information, marketing, and other materials related to the program. You will have the ability to opt-out of any such marketing emails in the body of the email.
1.5. Push Notifications. By signing up for My Corner Rewards you give your consent to receive push notifications from the app on your smartphone. You can opt out of these notifications via the settings on your smartphone.
1.6. Sensitive Personal Information. By signing up for My Corner Rewards you give your consent to our processing sensitive personal information about you, including your geo-location and use of your driver’s license or our state-issued identification. Our use of the same, a fuller description, and your right to opt-out of such use is set forth in our privacy policy which is governed by these Terms.
2. Ownership and License.
All text, graphics, data, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code used in our Services (collectively, "Content"), including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in the Services is owned or licensed by Corner Rewards and is protected by copyright, patent and trademark laws. Except as expressly provided in these Terms, you do not obtain any rights, title or interest in or to the Content. The Services may display content that is not owned by My Corner Rewards. This content is the sole responsibility of the entity that makes it available. Intellectual Property ownership of this content is reserved specifically to the entity providing the content.
3. My Corner Rewards Rewards Program. My Corner Rewards is a loyalty program that offers Customers of our Retailer clients more ways to save (the “My Corner Rewards Rewards Program”).
3.1. Modification and Cancellation. We reserve the right to modify, restrict, or cancel the My Corner Rewards Rewards Program and the “Program Benefits” (as defined below), or any portion thereof at any time in our sole discretion with or without notice to you; provided that we will provide notice of any modifications to these Terms by posting the modified version with a revised "Last updated" date. In addition, we may elect to send a mail or email communication notifying My Corner Rewards Program members of the modifications, but we are not obligated to do so and you hereby waive any right you may have to receive such notice. You should check this page periodically to see if any recent changes to the Program Terms have occurred. By participating in the My Corner Rewards Rewards Program, including redeeming or using any Program Benefits, after we post any such changes, you agree to the Terms as modified.
3.2. Eligibility. To be eligible for My Corner Rewards Rewards Program membership, you must: (i) be an individual at least 16 years of age; (ii) a resident of the United States; and (iii) provide all required enrollment information. Except as otherwise provided in these Terms, business entities are eligible to participate in the My Corner Rewards Rewards Program, provided an authorized employee completes the enrollment process. By enrolling in the My Corner Rewards Rewards Program, you are certifying that you meet all eligibility criteria. In addition, if you are enrolling on behalf of a business entity, you are certifying that you are authorized to bind, and do hereby bind, the business entity to these Terms.
3.3. Enrollment. There is no charge to enroll and participate in the My Corner Rewards Rewards Program. Customers enroll in the My Corner Rewards Rewards Program through the App by creating a My Corner Rewards Account. My Corner Rewards Program is only available in versions of the App where the My Corner Rewards Rewards Program is enabled. Please make sure you have the most current version of the App and that it has been updated.
3.4. Accruing Points.
3.4.1. Qualifying Purchases. My Corner Rewards Rewards Account holders (“Members”) earn My Corner Rewards Rewards Program points ("Points") by making qualifying purchases at participatingRetailers. One (1) Point will accrue for every $1.00 spent on qualifying purchases, less any discount, coupon, My Corner Rewards Reward Program redemption, in-store promotion and/or any other price adjustment made at time of purchase where you identify yourself as a Member by scanning your App barcode or entering your phone number associated with your My Corner Rewards Rewards Account. Members may earn Points retroactively, by scanning a receipt from a transaction at a participating Retailer store within fifteen (15) days to earn points on your prior transactions. Points earned from qualifying scanned receipts will typically be awarded within five (5) business days.
3.4.2. Non-Qualifying Purchases. Points will not accrue, and previously awarded Points may be deducted, for any returns, credits, refunds, chargebacks, or voided transactions. For purposes of accruing Points, qualifying purchases exclude: (i) taxes; (ii) gift cards; (iii) charitable donations; (iv) service fees; (v) any merchandise purchased from a participating Retailer's non-My Corner Rewards businesses; (vi) any merchandise that a participating Retailer, in its sole discretion, elects to exclude from time to time; (vii) any merchandise that My Corner Rewards, in its sole discretion, elects to exclude from time to time; (viii) in-store purchases at retailers that don't participate in the My Corner Rewards Rewards Program; (ix) the purchase of tobacco, all forms of alcohol (e.g., beer, wine, liquor, hard cider, hard seltzer, etc.), cellphones, or bag fees (x) city stickers, trash bags, and other licenses and permits; and (xi) any purchase required to be excluded by applicable law. Additional exclusions may apply and some participating Retailers may permit Points to be awarded for the purchase of excluded items. See your participating Retailer for details.
3.5. Earning and Redeeming Rewards. Points for a qualifying purchase should appear in your My Corner Rewards Rewards Account within twenty-four (24) hours of an in-store purchase. In the App, select the rewards tab from the navigation bar to view your Point balance. You may exchange your Points to receive a My CornerRewards Reward Program reward ("Reward"). Points are automatically deducted from your My Corner Rewards Rewards Account for issued Rewards. Rewards can only be redeemed by Account holders. Rewards are one-time use only and My Corner Rewards does not issue partial or fractional Rewards. If the entire amount is not used, the remainder of the Reward is forfeited. Past the time of expiration, you cannot elect to retain the Points in your My Corner Rewards Rewards Account instead of receiving a Reward. Rewards are available in digital versions in the App. Photocopies, duplicates, and facsimiles of Rewards are not valid. Rewards can be applied toward qualifying purchases only (see Section 3.4.1 above). Rewards are valid for a single transaction only. For the sake of clarity, a single transaction means any sale of one or more items reflected on a single invoice, receipt, or statement. Subject to any limitations set forth in these Terms, you may combine more than one Reward towards an eligible purchase. Rewards may be used in conjunction with other offers unless prohibited by the terms of such other offers. Rewards are allocated pro rata across all eligible merchandise and will not be replaced if eligible merchandise is returned. Rewards can be used until their expiration date, unless sooner redeemed.
3.6. Additional Program Benefits. My Corner Rewards may offer additional benefits to Members from time to time. We provide information about these opportunities through notices in the App.
3.7. Expiration. Unused Points in your My Corner Rewards Rewards Account will expire on the last day of the calendar month, two months following the month in which they were earned. Points remain unused if they have not converted into a reward. Rewards expire sixty (60) days after issuance. You can check the App to verify Rewards expiration dates.
3.8. Additional Exclusions and Limitations. Points, Rewards, and all other My Corner Rewards Rewards Program benefits (collectively, "Program Benefits”) are subject to (i) the exclusions, conditions, and limitations specified in these Terms; and (ii) availability. Not all Program Benefits may be made available to all Members. Participating Retailers may alter the My Corner Rewards Rewards Program and the Program Benefits at their discretion. Please consult your participating Retailer for details.
3.9. Value and Transfer. Points, Rewards, and other Program Benefits: (i) have no cash value; (ii) cannot be exchanged for cash, in whole or in part; and (iii) have no value outside of the My Corner Rewards Rewards Program. At our discretion we may, but are not obligated to, replace unredeemed lost or stolen Rewards that have not expired. The accumulation of Points does not entitle you to any vested rights with respect to Points, Rewards, or any other Program Benefits. A Member's My Corner Rewards Rewards Program membership, My Corner Rewards Rewards Account, Program Card, and Program Benefits are for the use of the named Member only and cannot be sold, shared, assigned, bartered, or otherwise transferred. In the event of a death or divorce of a Member, the named Member retains all Program Benefits unless otherwise provided by a valid and final court order submitted to My Corner Rewards.
3.10. Program Accounts; Program Account Termination; Program Cancellation.
3.10.1. My Corner Rewards Rewards Accounts. You are solely responsible for the accuracy and completeness of the information you supply in connection with your My Corner Rewards Rewards Account. Failure to keep your My Corner Rewards Rewards Account information current and complete may result in forfeiture or lapsing of Program Benefits. You may access and update your information and access your My Corner Rewards Rewards Account status, including Points accrued via the App or by contacting us at support@mycornerrewards.com.
3.10.2. My Corner Rewards Rewards Account Termination.You may terminate your My Corner Rewards Rewards Account at any time via the app or by contacting us at support@mycornerrewards.com. My Corner Rewards may suspend or terminate your My Corner Rewards Rewards Account and your participation in the My Corner Rewards Rewards Program and/or suspend or void any or all Program Benefits at any time, with or without notice to you and without liability or obligation to you, if we determine, in our sole discretion, that (i) you are ineligible for the My Corner Rewards RewardsProgram; (ii) you have violated these Terms; (iii) you have provided false information to My Corner Rewards, its affiliates, or its Retailers; (iv) you have engaged in illegal or fraudulent conduct or conduct that is dangerous, deceptive, improper, or objectionable; or (v) it is advisable to protect the interests of My Corner Rewards, our Retailers, Brands, employees, customers,Members, or any third party. Upon termination of your My Corner Rewards Rewards Account for any reason, your membership in the My Corner Rewards Rewards Program terminates and all Program Benefits, including Points, are voided. However, unless your My Corner Rewards Rewards Account was terminated due to suspected fraud or other misconduct, Rewards issued prior to the termination of your My Corner Rewards Rewards Account will remain valid through the applicable expiration date.
3.10.3. My Corner Rewards Rewards Program Cancellation. We may cancel the My Corner Rewards Rewards Program, at any time, with or without notice to you. In the event we cancel the My Corner Rewards Rewards Program, your My Corner Rewards Rewards Account will automatically terminate upon the effective date of My Corner Rewards Rewards Program cancellation.
3.11. Errors and Misconduct. We reserve the right, in our sole discretion, to adjust, postpone, suspend, or void your Program Benefits, including Points and Rewards, and/or to suspend, revoke, or cancel your My Corner Rewards Rewards Account at any time with or without notice, in the event of actual or suspected (i) human or technical errors; (ii) technical disruptions; (iii) misconduct, fraud, or other activity that impairs the administration, security, integrity, or proper use of the My Corner Rewards Rewards Program, any Program Benefits, or any property of My Corner Rewards or participating Retailers. In addition, we reserve the right, in our sole discretion, to adjust, suspend, postpone, or void your Program Benefits, including Points and Rewards, and/or to suspend, revoke or cancel your My Corner Rewards Rewards Account at any time with or without notice for any other reason we deem appropriate.
4. Prohibited Conduct. You agree to use the Services in compliance with these Terms and all applicable laws, regulations, and rules. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Services not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Services; (ii) disrupt or interfere with the proper functioning or security of the Services or otherwise cause harm to the Services or any equipment or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware, and ransomware; (v) interfere with or inhibit any other user from using and enjoying the Services; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Services or otherwise monitor or copy any portion of the Services; (viii) prepare, compile, scrape, harvest, download, or otherwise use or copy any information from the Services, or transmit, provide, or otherwise distribute (whether or not for a fee) such information to any third-party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading My Corner Rewards or others; (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk, or threaten another; or (xii) conduct a denial of service attack or distributed denial of service attack. In addition to any remedies that My Corner Rewards may have at law or in equity, if My Corner Rewards reasonably determines that you have violated or are likely to violate the foregoing prohibitions, or other provisions of these Terms, My Corner Rewards may take any action My Corner Rewards deems necessary or advisable to cure, prevent, or address the violation, including referral to law enforcement authorities. My Corner Rewards will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing My Corner Rewards to disclose the identity of anyone violating the foregoing prohibitions or other provisions of these Terms.
5. Privacy. My Corner Rewards takes its privacy obligations seriously. My Corner Rewards’ Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of personal information that may be provided in connection with the Services, including communications from My Corner Rewards and your choices regarding communications. Please read and understand our Privacy Policy before accessing or using the Services.
6. Representations and Warranties. You represent and warrant that:
6.1. You are authorized to enter into and perform your obligations under these Terms;
6.2. You have obtained all approvals necessary for you to enter into and to perform your obligations under these Terms;
6.3. Your execution, delivery, and performance of these Terms shall not: violate any of your obligations or any applicable law, regulation, order, writ, judgment, injunction or decree applicable to you or any of your properties or assets, or violate any approval, undertaking or other obligation to which you are bound;
6.4. You do not have any judicial or administrative actions, proceedings or investigations pending or, to the best of your knowledge after due and careful inquiry, overtly threatened against it, which would have a material adverse effect on its capacity to perform its obligations under these Terms; or
6.5. The information furnished and/or to be furnished by you to the other parties for or in connection with these Terms is and will be true, complete, and correct.
7. Disclaimers. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND MY CORNER REWARDS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MY CORNER REWARDS (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MY CORNER REWARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50 USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification. You agree to indemnify and hold My Corner Rewards and its affiliates and subsidiaries and all of its/their respective officers, directors, employees, owners, agents, information and service providers, licensors and licensees, for, from, and against any and all third party claims, complaints, suits, actions, demands, enforcement actions, penalties, fines, fees, interest, awards, settlement awards, judgements, arbitrations, mediations, investigations, charges, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising out of (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. My Corner Rewards reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. My Corner Rewards will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Dispute Resolution; Arbitration; Prohibition of Class Actions. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH My Corner Rewards AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
10.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by My Corner Rewards that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and My Corner Rewards, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
10.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice of Dispute" ) describing the nature and basis of the claim or dispute, and the requested relief. A Notice of Dispute to My CornerRewards should be sent to:
My Corner Rewards
Skupos Inc.
Denver Place, South
999 18th St.
Denver, CO 80202
After the Notice of Dispute is received, you and My Corner Rewards may attempt to resolve the claim or dispute informally. If you and My Corner Rewards do not resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
10.3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ( "AAA" ), an established alternative dispute resolution provider ("ADRProvider" ) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will use JAMS to administer the arbitration. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with theTerms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars ($10,000.00 USD) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will beheld in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the hearing will be held in Denver, Colorado and the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator maybe entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADRProvider. If a party fails to pay its share of the costs at anytime, the arbitrator shall find that party in default and award a decision in favor of the non-defaulting party, including an award for reasonable attorneys fees and costs.
10.4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
10.5. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and My Corner Rewards. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and theTerms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MyCorner Rewards.
10.6. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
10.7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
10.8. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
10.9. Courts. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Denver, Colorado.
11. General Provisions.
11.1. Choice of Law. These Terms and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of theState of Colorado without regard to the conflict of law provisions thereof.
11.2. No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver shall be effective unless in writing signed by both Parties and denoted as a waiver hereto.
11.3. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.4. Survival. All provisions regarding indemnification, warranty, liability, and limits thereon, and confidentiality and/or protections of proprietary rights, trade secrets and dispute resolution and arbitration and class actions shall survive the termination of these Terms.
11.5. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without My Corner Rewards' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. My Corner Rewards may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.6. Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
12. Modification of these Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Site with a “Last Updated” date. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective as of the Last Updated date. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13. Contact Us. If you have any questions regarding the Services, please contact us at support@mycornerrewards.com or at the following:
My CornerRewards
Skupos Inc.
Denver Place, South
999 18th S.
Denver, CO 80202
