1. ACCEPTANCE OF TERMS
Your EAPPoints and your account under EAPPoints are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) EAPPoints account.
"You," "Your," “Member,” or “User” refers to you, as any person registering in the EAPPoint Program or using Eappetit’s Site and Services. "We,""Us," and "Our" refers to Eappetit.
“Points Provider,” “Affiliate,” or “Associate” refers to the restaurant participating within the EAPPoint network.
“Rewards” refers to the points that are earned or purchased through the EAPPoints Program.
3. LOYALTY PROGRAM
The EAPPoints Rewards Program is a loyalty program offered to the members (diners) of Eappetit as a way to reward and thank loyal customers for patronizing our business and partners. EAPPoints are awarded to various member activities using Eappetit services. Members of EAPPoints are able to earn and accumulate points that can be redeemed for meals at participating Eappetit restaurants. Unfortunately, not all restaurants have the ability to honor EAPPoints at this time.
* The accumulation of points through the EAPPoints Program is limited to individuals only; corporations or other business entities may not accumulate points.
* The EAPPoints Program is limited to one (1) account per individual, even if the individual has multiple email addresses.
* Employees of Eappetit, Inc., its subsidiaries, affiliates and related parties, and members of their household are not permitted to redeem any welcome gifts ("Welcome Gifts").
* Automated services, scripts, or other machines are not eligible.
* If you are under 13 years of age, you are not eligible for the EAPPoints Program. In addition, if you are between the ages of 14 to 18 years old, you may participate in the Program, only with the approval of your parent or legal guardian who agrees to be bound by these terms and conditions.
* Member must be a legal resident of the United States, Puerto Rico, Guam or U.S. Virgin Islands to be eligible to join the EAPPoints Program.
* Member may only participate in Rewards when physically located in the country of residence specified during enrollment into the EAPPoints Program.
5. YOUR REGISTRATION OBLIGATIONS
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
Members are responsible for maintaining the confidentiality of your password and/or mobile device, as applicable, and account, and are fully responsible for any and all activities that occur under your password and/or mobile device, as applicable, or account. Members also agrees to (a) immediately notify Eappetit of any unauthorized use of Member's email address and password or any other breach of security related to our website, the application, or the EAPPoints Program, and (b) ensure that Member logs out from Member's account at the end of each session.
In addition, the following responsibilities are applicable:
* Eappetit will encrypt Member's password on the database.
* Eappetit is entitled to act on instructions received under Member's password and email address.
* Eappetit cannot and will not be liable for any credits or debits made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's email address and/or password, provided that such results are not attributable to a failure of Eappetit, including but not limited to Eappetit's fraud or gross negligence.
7. MODIFICATIONS TO THE EAPPOINTS PROGRAM
Eappetit reserves the right to modify or discontinue, temporarily or permanently, the Points Program (or any part thereof) with or without notice. You agree that Eappetit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In addition, the following guidelines regarding modifications are applicable:
* Reward Providers may be added, deleted, changed or modified at any time at Eappetit's sole discretion.
* Any new or additional features of the EAPPoints Program shall be subject to this Member Agreement.
8. CHANGES TO THIS AGREEMENT
We may amend the terms of this Member Agreement at any time, including any rights or obligations you or we may have. If Member objects to any changes to the agreement, Member's sole recourse shall be termination of the Member Agreement.
9. CANCELLATION OF THIS AGREEMENT
This Member Agreement commences upon Member's sign-up and completion of the registration process. We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. If we terminate this agreement without cause, we will make a reasonable attempt to notify you of such action. This Member Agreement, and your account, may be terminated as follows:
* By Member: Member may terminate membership in the EAPPoints Program at any time. Member's termination of the EAPPoints Program is effective upon Member terminating his/her membership on this website.
* By Eappetit: Eappetit may terminate this Member Agreement, Member's password, account or use of the Member Service, and remove and discard any Member content effective immediately and without prior notice, for any reason, including, without limitation, inactivity; failure to provide accurate Registration Data; failure to provide any other accurate or truthful information; sale, resale, auction, barter, or trade of EAPPoints; or if Eappetit believes that Member has violated or acted inconsistently with this Member Agreement.
Upon termination by either Member or Eappetit:
* Eappetit may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or the EAPPoints Program.
* Member's right to use the EAPPoints Program ceases immediately.
* Member agrees to forfeit any earned EAPPoints upon termination (purchased points are subject to refund).
In case of termination of the Member Agreement, Member agrees that Eappetit shall not be liable to Member or to any third party for any termination of Member's account or Member's access to the EAPPoints Program.
Member may elect to discontinue receiving electronic communication from Eappetit without terminating Member's account by clicking on the unsubscribe link found at the bottom of electronic communications from Eappetit.
10. NO RESELL
Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website, the application, use of the EAPPoints Program, or access to the EAPPoints Program. The EAPPoints Program is provided for Member's personal, non-commercial use only.
11. VALUE OF EAPPOINTS
EAPPoints have no monetary value and may not be redeemed for cash. They are also non-transferable.
All Points are made available by Eappetit, and all members can redeem at any Eappetit participating restaurant (“Points Provider”). Reward points are made available directly by the participating restaurants in forms of payment at a set conversion rate. Eappetit will have no liability if a restaurant affiliate refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Points:
* Use of Points relating to alcoholic beverages is at the sole discretion of the Points Provider and is subject to compliance with applicable law.
* Points cannot be combined with any other Points, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Points Provider.
* Points can be used for taxes, tips or prior balances.
* Neither Eappetit nor the Participating restaurant is responsible for malfunctioning mobile devices upon which the EAPPoint is loaded.
* Points are void to the extent prohibited by law.
12. FEES AND EXPIRATION OF CARD BALANCES
There are no membership fees for the issuance, activation, and use of your account. If your account remains dormant over the course of 24 months, earned points will be forfeited but purchased points will be refunded after deducting the processing fee. Points accumulated under the program are promotional and have no cash value.
13. REGISTRATION AND LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Users are responsible for all transactions associated with their reward account including unauthorized transactions. However, if the device containing the EAPPoint is stolen or destroyed, the account can be replaced with a remaining balance on it at the time you contact Eappetit. Member agrees to (a) immediately notify Eappetit of any unauthorized use of Member's email address and password or any other breach of security related to this website, the application, or the EAPPoints Program, and (b) ensure that Member logs out from Member's account at the end of each session.
14. HOW THE EAPPOINTS SYSTEM WORKS
Members can use EAPPoints to pay for their meals. You can purchase additional EAPPoints at the face value (100 pts = $1.00) and load into your account.
You can earn points through various activities; however earned points can only be accumulated through the Eappetit App. These include:
* Submitting a review (only verified reviews get points)
* Introducing a friend
* Performing a transaction (payment/order) through Eappetit
In addition, methods of earning points may be modified periodically. Occasionally, Eappetit may allow a Member to earn additional Rewards via special earning opportunities or promotions.
* The amount of points offered for special earning opportunities will be stipulated in each special earning opportunity announcement.
* Member must comply with the terms of each special earning opportunity to earn any such additional points.
Although the value of the points is the same for both earned and purchased, Eappetit will provide a separate tracking system of earned and purchased points in your account. We will use the earned points first before as a general rule. (This is necessary in case we need to refund the purchased part of the point balance.)
Members can include tips and any other charges to their EAPPoint settlement.
15. THIRD PARTIES
Our website may contain links to other websites, services or resources. You are accessing third party websites at your own risk. The third party websites are not under Eappetit’s control, and you acknowledge that Eappetit is not responsible or liable for the content, functions, accuracy, legality, opinions, appropriateness, privacy practices or any other aspect of such websites or resources. The links are provided solely as a convenience to you, not as an endorsement by Eappetit of the content on such third-party sites. You acknowledge and agree that Eappetit shall have no responsibility or liability with third party sites. You should review the applicable terms and policies of third party sites.
You agree to defend, indemnify, and hold Eappetit, its subsidiaries, affiliates, any related companies, and their respective directors, officers, employees, service providers, agents and representatives (collectively, “Eappetit”) harmless from and against any loss, damage, liability, claim, or demand, including costs, liabilities, legal fees and expenses, made by any party arising out of your use of the website, use of Eappetit Services or the EAPPoints Program, your violation of the Terms, any products or services purchased or obtained by you in connection with the Site, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Eappetit and you agree to cooperate with our defense of these claims. Eappetit will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
USE OF THE WEBSITE AND EAPPETIT SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND THAT THE COMPANY AND ITS ENTITIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EAPPETIT ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED SERVICE, SOFTWARE OR ANY CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE. EAPPETIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO USE OF OUR WEBSITE AND EAPPETIT SERVICES OR THE SOFTWARE, (3) UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, COMPUTER VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR [THROUGH THE WEBSITE BY ANY THIRD PARTY, (5) LOSS OF DATA OR CONTENT FROM THE WEBSITE AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THROUGH EAPPETIT SERVICES. ANY MATERIAL OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE AND OF THE SERVICES IS DONE AT YOUR DISCRETION AND RISK. EAPPETIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES OFFERED THROUGH THE WEBSITE OR IN ANY ADVERTISING FORMS. EAPPETIT AND ITS AFFILIATES DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
18. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EAPPETIT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATIONAL HARM, AND DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR EAPPETIT SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR EAPPOINTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL EAPPETIT’S MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
YOU EXPRESSLY WAIVE AND RELEASE ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHCH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
In the case Eappetit and the Member are not able to come to an agreeable resolution, a mutually agreed upon mediator will be appointed and mediation shall be conducted under the Commercial Arbitration Rules and Mediation Procedures (effective October 1, 2013 and available online at www.adr.org/commercial). Any unresolved disputes shall be settled by binding arbitration conducted in San Francisco, California utilizing a mutually agreed arbitrator or an arbitration service provider. Both parties shall be entitled in an arbitration to conduct reasonable document production and, as needed, acceptable number of depositions not to exceed 5 per party. The prevailing party shall be entitled to recoup its costs and reasonable legal fees as determined by the arbitrator, which are required to follow the law. YOU ACKNOWLEDGE AND AGREE THAT, BY THE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND EAPPETIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT A PLAINTIFF OR CLASS MEMBER IN ANY PUPORTED CLASS OR REPRESENTATIVE PROCEEDING.
20. TRADEMARK INFORMATION
EAPPoints™, and the Eappetit logo are trademarks of Eappetit, Inc. Other trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website, the application or on or through the EAPPoints Program, are the property of their respective owners.