TERMS AND CONDITIONS OF THE CHIEFS KINGDOM REWARDS LOYALTY PROGRAM (Updated - April 7, 2019)
The Chiefs Kingdom Rewards Loyalty Program (the "Loyalty Program"), and the corresponding eligibility to participate and receive its benefits, are offered at the sole discretion of the Kansas City Chiefs Football Club, Inc. (the "Club"). The Loyalty Program allows eligible participants to earn points ("Points") that can be redeemed for offered rewards (each offering, a "Reward" and collectively "Rewards"). Participation in the Loyalty Program is subject to these terms and conditions, rules, regulations, policies, procedures (collectively, the "Terms and Conditions") and decisions that the Club, in its sole discretion, adopt and amend from time to time.
SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 19 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
PLEASE READ CAREFULLY. By participating, you accept and agree to follow the Terms and Conditions governing the Loyalty Program, including any changes the Club makes to these Terms and Conditions or the Loyalty Program. The above date indicates the date of the most recent change in the Terms and Conditions. Any activity to earn or use Points will be considered acceptance and consent to the terms and conditions of the Loyalty Program.
1. Binding Acceptance. THIS IS A BINDING AGREEMENT. By registering on the Loyalty Program's website, and/or by otherwise participating in earning Points or using Points, you are agreeing to the Terms and Conditions as presently in effect and as modified and interpreted by the Club from time to time. The Club has the right, in its sole discretion, to change, limit, modify or cancel the Loyalty Program and offerings at any time, with or without notice, even though such changes may affect the value of Points already accumulated, the value of Rewards and/or the time period and ability to accrue or use Points.
2. Eligible Account Holders. Any fan that is a resident of the United States and over the age of 18 is encouraged to create an account at www.chiefskingdomrewards.com or through the Chiefs Kingdom Rewards mobile application (collectively, the "Site") and become an "Account Holder," but the Club reserves the right and discretion to terminate or suspend the enrollment of any Account Holder at any time due to failure to comply with the Terms and Conditions, failure to comply with any instructions of the Club (whether related to online or offline behavior, including behavior at the stadium, or otherwise), non-payment, late payment, or other reasons as determined appropriate by the Club. If you are under the age of 18, you represent and warrant that either your parent or your legal guardian has read and agreed to these Terms and Conditions. If you are under 18 you must be over the age of 13 and you may only use the Loyalty Program if you have received permission from and are under the supervision of a parent or guardian. For purposes of the Loyalty Program, an Account Holder means the holder of the account as indicated in the Club' account records. The term "Account Holder" includes any and all individuals given access to the Account Holder's password required to access and use the Site or participate in the Loyalty Program. Employees of the Chiefs who are Account Holders are not eligible to participate in the Loyalty Program.
3. Site Access and Credentials. An Account Holder may access the Loyalty Program and engage in Point earning, redemption, and other Loyalty Program transactions by logging into the Site using the Account Holder's password and clicking on “Chiefs Kingdom Rewards.” As indicated in 2 above, in the case of an account with more than one holder, the Primary Account Holder may give the account password to the Secondary Account Holder(s). In addition, the Primary Account Holder and/or any Secondary Account Holder may give password access to others age 18 or older to act as agents of the Account Holder. When logging in for the first time and/or from time to time thereafter, an Account Holder may be asked to verify personal information or accept the Terms and Conditions. The Club is in no event liable for verification, protection or security of the passwords or for any third party's unauthorized use of misappropriation of an Account Holder's Rewards or Points. Each Account Holder is responsible for the security of its/his or her password and ensuring the accuracy of its/his or her Loyalty Program account, and is encouraged to check it regularly.
4. Point Accrual, Use and Expiration.
Points may be accrued for following, promoting, engaging, or otherwise interacting with the Club, other Account Holders, fans, or the public in accordance with the information posted on the Site or as otherwise determined by the Club from time to time. Points may be redeemed for Rewards as described in Section 5 below at any time, provided the Reward is available and the Account Holder has sufficient Points in their account for the requested Reward redemption. Unless the Club, in its sole discretion, elects to modify the Loyalty Program to extend or otherwise modify the redemption period, the Club may at any time and without notice, among other things: (a) increase or decrease the number of Points able to be accrued for Rewards and other Point earning activities, or increase or decrease the number of Points required to redeem a specific Reward; (b) withdraw, limit, modify or cancel any Point earning opportunity or any Reward; (c) limit the number and type of Rewards made available (including limitations on eligibility for specific Account Holders or types of Account Holders); (d) change the Point levels; and (e) otherwise change Loyalty Program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, rules governing the use of specific Rewards or other rules governing the Loyalty Program. Please check the Site frequently for updates to the Terms and Conditions, Point earning opportunities and Rewards. Each Account Holder is responsible for the payment of all taxes that may result from receipt of a Reward under this Program. Point balances may take up to three (3) business days to be reflected in an Account Holder's Loyalty Program account. If additional time is needed for any reason, the Club reserves the right in its sole discretion to delay Points accrual or award Points later. If an Account Holder believes that Points were not properly accrued to their account, the Account Holder must notify the Club by sending an e-mail to firstname.lastname@example.org. The e-mail must specify the date the Points were earned, the activity, and the number of Points. This e-mail must be sent no later than (15) calendar days after the date on which the Points were earned to be considered eligible for review. The Club is not responsible for late notifications about any Points which are not properly credited to an Account Holder, and may not award the Points to the Account Holder in such event regardless of the alleged reason for the failure of the Points to credit. The Club reserves the right to investigate any claim of Points not being credited to an Account Holder, and take whatever action it deems appropriate to ensure the fairness and proper administration of the Loyalty Program.
5. Redemption Conditions and Options. Certain Rewards may be available only to Account Holders who have met specific qualifying criteria (such as being a Club season ticket member, performing certain qualifying activity within the Loyalty Program, or any other criteria determined by the Club in its sole discretion). All Point redemptions are final. If you win or redeem a Reward, the Club will notify you by in-person communication, phone, and/or email and you will be required to respond to the notification within forty-eight (48) hours indicating whether you can accept the Reward. If no response is received within the time allotted, you may forfeit the Reward and the Club may select an alternate Account Holder at the Club’s discretion. Any alternate Account Holder selected will also be required to respond to the notification within forty-eight (48) hours. To receive certain Rewards, the Club may require you to sign an affidavit, release of liability, publicity release, or other documents (a “Release”). You must execute and return the Release in person, by email to email@example.com, or by regular mail within seven (7) days of accepting the Reward to: Kansas City Chiefs Fan Experience Department, The University of Kansas Health System Training Complex, One Arrowhead Drive, Kansas City, Missouri 64129. To accept a Reward, the Club may require you to prove your identity, including proof of address. Examples of identification documents include, but are not limited to, passport, driver’s license, or current utility bill. Reward fulfillment may be by mail to the United States address of the Account Holder or by pick-up at the Club's offices, as determined by the Club in its sole discretion. If the Club arranges for a carrier to deliver the Reward by mail, then title and risk of loss passes to Account Holder (or carrier) upon the Club’s tender of the Reward to the carrier (free on board shipping point). In no event shall the Club ship a Reward outside the fifty (50) United States of America. Where the Club designates the Reward for pick-up, you will have thirty (30) days to claim the Reward following verification of your eligibility to accept the Reward. Failure to comply with the above Reward claim requirements, or these Terms and Conditions for any reason, or the return of any Reward notification or Reward as undeliverable, or the determination that an Account Holder is ineligible to receive the Reward, may result in forfeiture of the Reward and selection of an alternate Account Holder in accordance with these Terms and Conditions. The Club is not responsible for any entrant’s change of email address, mailing address, telephone number, and/or other contact information.
Subject to additional terms and conditions provided by the Club, Account Holders may use Points to redeem Rewards in three primary ways:
(a) Redeem Now Rewards. The Club may offer merchandise, discounts, offers and other of items of value listed on the Site for redemption using Points ("Reward Items") and shall designate the number of Points required to acquire each such Reward Item. All Reward items are available only while supplies last and are subject to any and all other limitations detailed on the Site. Once the Account Holder has earned enough Points to acquire a desired Reward Item, an Account Holder may click on the Redeem Now or equivalent button on the Site. The Account Holder's Points shall be reduced by the number required for the selected Reward Item and the Club shall provide or arrange for fulfillment of the selected Reward Item.
(b) Sweepstakes Rewards. The Club may offer Account Holders the opportunity to redeem Points in exchange for one (1) entry into certain sweepstakes that the Club may offer from time to time (each a "Sweepstakes Reward") where the Club will draw one (1) entry from all eligible entries received during the sweepstakes period as the potential winner of each such Sweepstakes Reward. You are not eligible to participate in a Sweepstakes Reward if you are a resident of the States of New York, Florida or Rhode Island. Entries submitted in geographic areas in which the entry is not permissible will be disqualified. Each Account Holder shall be limited to one entry in any specific Sweepstakes Reward unless otherwise set forth in the terms of the applicable Sweepstakes Reward. The odds of winning any specific Sweepstakes Reward will vary based on the number of entries received for such Sweepstakes Reward. Owners, officers, directors and employees of the Club and their immediate family members are not eligible to enter any Sweepstakes Reward. No purchase is necessary to become a member of the Loyalty Program and enter any Sweepstakes Reward.
(c) Auctions Rewards. The Club will offer items for auction open to bidding by an Account Holder using Points in bidding ("Auction Items"). The Club may establish additional terms and conditions unique to each auction (such as auction procedures, required minimum bids or bid increments, qualifying and eligibility criteria, etc.), which additional terms will be included on the auction details page for each auction. The Club reserves the right to rescind or reject any and all bids. Bids cannot be retracted by an Account Holder once made. If an Account Holder's bid is selected as the winning bid, the Account Holder's Points shall be reduced by the number bid for the Auction Item under the winning bid and the Club shall provide or arrange for fulfillment. Account Holders are limited to winning three (3) auction items per 12 month period.
ALL REWARDS ARE REDEEMED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CLUB HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE NOT ENTITLED TO WIN OR REDEEM ANY REWARD UNTIL YOUR ELIGIBILITY HAS BEEN VERIFIED, AND IT IS DETERMINED THAT YOU HAVE COMPLIED WITH THESE TERMS AND CONDITIONS.
6. Ticket Rewards. When using a Reward that constitutes a ticket to an event, the tickets shall be subject to the same terms and conditions as those generally applicable to other ticket holders including, without limitation, all retained rights of revocation, cancellation, non-renewal and ejection. Without limiting the meaning of the preceding sentence, the Club reserves, on behalf of itself and applicable third party event promoters, the right to exclude or eject, without liability, any and all unruly, rowdy or disruptive persons attending the event using the Account Holder's tickets and the Account Holder shall be fully responsible for any damages or expenses, direct or indirect, incurred by the Club and its affiliates as a result of such disruptive behavior and/or ejection. In no event may any Account Holder sell or use any of the furnished tickets in connection with any media promotion (including, but not limited to, newspaper, magazine, Internet, television or radio) without the Club's prior written consent.
7. Character, Restrictions and Limitations of Points and Rewards. POINTS ARE NOT THE PROPERTY OF THE ACCOUNT HOLDER AND CAN BE REVOKED BY THE CLUB AT ANY TIME. POINTS HAVE NO CASH VALUE AND ARE ONLY REDEEMABLE FOR OFFERED REWARDS VIA THE LOYALTY PROGRAM. POINTS AND REWARDS CANNOT BE REDEEMED FOR CASH OR CREDIT, AND CANNOT BE USED IN CONNECTION WITH ANY OTHER OFFER OR DISCOUNT. POINTS AND REWARDS ARE NOT REFUNDABLE, EXCHANGEABLE, REPLACEABLE OR TRANSFERABLE FOR CASH OR CREDIT. THE CLUB IS NOT RESPONSIBLE FOR REWARDS LOST, MISDIRECTED OR DELAYED VIA MAIL OR OVER EMAIL, NOR DOES IT GUARANTEE ON-TIME DELIVERY OF REWARDS. THERE ARE NO GUARANTEES THAT REQUESTED REWARDS WILL BE AVAILABLE AND REWARDS MAY BE SUBSTITUTED OR OTHERWISE SUBJECT TO AVAILABILITY OR OTHER LIMITATIONS.
8. Non-Transferability of Points and Rewards. Points and Experiential Rewards (defined below) may not be sold by any means, electronic or otherwise, and it is a violation of the Loyalty Program for anyone to purchase Points or Experiential Rewards from third parties, combine Points obtained by others, or transfer or sell Points or Experiential Rewards. Any attempt to buy, sell, consolidate or transfer Points or Experiential Rewards in violation of the above prohibition shall be deemed void and may result in disqualification from the Loyalty Program and/or forfeiture of all accrued Points. In furtherance of the foregoing, any attempted sale, alienation, or other transfer of an Experiential Reward using any third party medium or platform (including, for example, any online retailer or marketplace) is strictly forbidden. The Club reserves the unconditional right to reject access to any individual who attempts to exercise or redeem an Experiential Reward procured (for value or otherwise) through any secondary market or through any third party, with such individual (and the original Experiential Reward recipient) immediately and unequivocally forfeiting any right in and to the Experiential Reward, as well as all Points that may have been used to procure such Experiential Reward. The Club reserves all other rights and remedies against any such individual(s) as it may determine to use in its sole and absolute discretion. As used herein, “Experiential Rewards” are Rewards that involve a service, experience, event, limited or exclusive access, location-based privileges, event participation, visits, reservations, or other experiences that are neither quantifiable monetarily, nor generally available to the public. Examples of such Experiential Rewards include, but are not limited to: pregame sideline passes; any VIP access to an event; game-day activations such as on field flag holding, halftime ceremony participation, and post-game field visits’ reservations to table seating on the Club Level (not general audience stadium seating); and any tickets to an event won through the Loyalty Program.
9. Revocation, Cancellation and Other Actions. The Club reserves the right to discontinue the participation privileges and revoke Points of any Account Holder who the Club determines, in its sole discretion, has engaged in fraudulent or abusive activity or otherwise used the Loyalty Program in a manner inconsistent with the Terms and Conditions or with any federal state or local laws, statutes or ordinances. In addition, the Club shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. The Club reserves the right to rescind Points credited to an account which were obtained by mistake, fraudulent or unsportsmanlike activity or through technical failures of any kind, including but not limited to, malfunctions, interruptions or disconnections in Internet, phone lines, or network hardware or software related to the Loyalty Program.
10. Account Holder Content.
(a) Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each Account Holder is entirely responsible for all content that that Account Holder makes available through the Site, or otherwise provided to the Club, whether online or offline and whether or not solicited by the Club ("Account Holder Content"). The Club has no obligation to pre-screen any content. You use all Account Holder Content and interact with other Account Holders at your own risk. Without limiting the foregoing, the Club reserves the right in its sole discretion to pre-screen, refuse, or remove any content. The Club shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
(b) Ownership of Your Content. The Club does not claim ownership of any Account Holder Content you make available on the Site ("Your Content"). However, when an Account Holder posts or publishes Your Content on or in the Site, you represent that you have all of the necessary rights to grant the Club the license set forth in Section 10(c). Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Site.
(c) License to Your Content. Subject to any applicable account settings that you select, you grant the Club, and anyone authorized by the Club, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction. In connection with the exercise of these rights, you grant the Club, and anyone authorized by the Club, the right to identify you as the author of Your Content by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Account Holders may be able to search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of the Site.
(d) Other Restrictions on Account Holder Conduct.. You agree not to use the Site for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Site that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without the Club's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of the Club.
(e) Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to the Club ("Feedback") is at your own risk and that the Club has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Club the right to use any Feedback in any way at any time without any additional approval or compensation.
13. Decision-Making Authority of the Club. The Club has the sole right and authority, in its sole discretion, to make all decisions regarding questions or disputes or issues regarding eligibility for the Loyalty Program, accrual or use of Points, Rewards, an Account Holder's compliance with the Terms and Conditions and other issues arising in administration of the Loyalty Program and such decisions are binding on all Account Holders. The Club has the sole discretion to interpret and apply the Terms and Conditions.
14. Void Where Prohibited by Law. The awarding of Loyalty Program benefits is void where prohibited by law.
15. Non-Waiver. The Club's waiver of any breach of the Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of the Terms and Conditions. Its failure to insist upon strict compliance with the Terms and Conditions shall not be deemed a waiver of any rights or remedies that it may have against that or any other Account Holder.
16. Ownership of and License to Use Club Properties.
(a) Use of the Site. Except with respect to Account Holder Content, the Club and its suppliers own all rights, title and interest in the Site. The Site is protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, the Club grants you a limited license to use the Site solely for your personal non-commercial purposes. Any future release, update or other addition to the Site shall be subject to this Agreement. The Club, its suppliers and service providers reserve all rights not granted in this Agreement.
(b) Trademarks. The Club's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Site are the trademarks of the Club and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
(c) Restrictions on Use of Site. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or any portion of the Site; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Site (including images, text, page layout or form) of the Club; (c) you shall not use any metatags or other "hidden text" using the Club's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Site or use the Site in any way not expressly permitted by this Agreement; (j) you shall not attempt to harm our Site, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Site; and (k) at no time shall an Account Holder fraudulently use multiple email addresses, phone numbers and/or mailing addresses, identities, registrations, logins, or any other methods, artifice, or the manipulation of such information for the purpose of obtaining more than one account, or for accruing, compounding, or aggregating Points or Rewards. ANY UNAUTHORIZED USE OF THE SITE SHALL, IN THE CLUB’S SOLE DISCRETION, TERMINATE THE LICENSE(S) GRANTED BY THE CLUB PURSUANT TO THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, IN THE EVENT YOUR LICENSE TO THE SITE IS TERMINATED FOR ANY REASON, YOUR ACCOUNT AND YOUR STATUS AS AN ACCOUNT HOLDER, SHALL BE TERMINATED AND ANY REWARDS OR POINTS THAT YOU HAVE ACCRUED TO DATE SHALL BE FORFEITED ACCORDINGLY.
(d) Third-Party Links. The Site may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Site. The Club does not control and is not responsible for Third-Party Links. The Club provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
17. DISCLAIMER OF WARRANTIES AND CONDITIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
18. Limitations on liability. The Club is not responsible for any incorrect or inaccurate transcription of information, for any problems related to the equipment, software or programming associated with the Loyalty Program or used by any Account Holder, for any human error, for any interruption, deletion, omission, defect or line failure of any telephone network, cellular network or electronic transmission, for any problems relating to computer equipment, software, inability to access the Site, website or online service, or for any other technical or non-technical error or malfunction. If the Club improperly denies an Account Holder any Points, liability will be limited to the equivalent number of Points. BY PARTICIPATING IN THE LOYALTY PROGRAM, EACH ACCOUNT HOLDER AGREES THAT THE CLUB AND THE OTHER COMPANIES DESIGNATED BY THE CLUB TO PARTICIPATE IN ADMINISTRATION OF THE LOYALTY PROGRAM OR PROVISION OF REWARDS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES ARE AND SHALL BE HELD HARMLESS BY ACCOUNT HOLDERS AND OTHERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A REWARD, OR PARTICIPATING IN THE LOYALTY PROGRAM OR REWARD-RELATED ACTIVITY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO THE ACCOUNT HOLDER FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THIS SECTION WILL SURVIVE TERMINATION OF AN ACCOUNT HOLDER'S PARTICIPATION IN THE LOYALTY PROGRAM. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE RELEASED PARTIES ARE LIABLE TO AN ACCOUNT HOLDER FOR CLAIMS RELATED TO THE LOYALTY PROGRAM EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO THE CLUB BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) TEN DOLLARS ($10). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A THE CLUB PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A RELEASED PARTY'S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A RELEASED PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
19. Dispute Resolution (Arbitration). Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires you to arbitrate most disputes with the Club and limits the manner in which you can seek relief from us.
(a) Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Site, our advertising or marketing practices, any Products sold or distributed through the Site, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Club may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. IF YOU AGREE TO ARBITRATION WITH THE CLUB, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST THE CLUB ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST THE CLUB ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.
(b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to One Arrowhead Drive, Kansas City, MO 64129 ATTN: Loyalty Program Arbitration Claim. The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with their Consumer Arbitration Rules and the Consumer Due Process Protocol. If the arbitrator finds that you cannot afford to pay AAA's filing, administrative, hearing and/or other fees and you cannot obtain a waiver from AAA, the Club will pay them for you. In addition, the Club will reimburse all such AAA filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the Club. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. 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 arbitral forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. 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 us.
(d) Waiver of Jury Trial. YOU AND THE CLUB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Club are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, in the event that this Section 19(e) is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we shall be entitled to arbitration of such claim or dispute and instead the applicable claim or dispute shall be resolved in a court as set forth in Section 20(e).
(f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: One Arrowhead Drive, Kansas City, MO 64129 ATTN: Loyalty Program or email to firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
(g) Severability. Subject to Section 19(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(h) Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with the Club.
(i) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Club makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to the Club.
20. Miscellaneous Provisions.
(a) Electronic Communications. The communications between you and the Club use electronic means, whether you visit the Site or send the Club e-mails, or whether the Club posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Club in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Club provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
(b) Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Club's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(c) Force Majeure. The Club shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(d) Questions, Complaints, Claims.If you have any questions, complaints or claims with respect to the Site, please contact our customer service department using the contact information available on the Site. We will do our best to address your concerns.
(e) Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and the Club agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in Jackson County, Missouri or federal courts located in the Western District of Missouri.
(f) Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF MISSOURI, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
(g) Notice. Where the Club requires that you provide an e-mail address, you are responsible for providing the Club with your most current e-mail address. In the event that the last e-mail address you provided to the Club is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, the Club's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Club at the following address: One Arrowhead Drive, Kansas City, MO 64129 ATTN: Loyalty Program. Such notice shall be deemed given when received by the Club by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
(h) Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(i) Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
(j) Export Control. You may not use, export, import, or transfer the Site except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Site, and any other applicable laws. In particular, but without limitation, the Site may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site for any purpose prohibited by U.S. law.
(k) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.