THESE TERMS AND CONDITIONS (“TERMS”) ARE SUBJECT TO OUR TERMS OF USE AND PRIVACY POLICY WHICH INCLUDE, WITHOUT LIMITATION, OUR NOTICE OF ARBITRATION PROVISIONS AND CLASS ACTION WAIVERS. 

MyPoints In-Store Cash Back Program offers a service enabling you to enroll a payment card in order to earn rewards or benefits when you make qualifying transactions at participating merchants (“Card Linked Offer Service”).  These Terms are further subject to our Terms of Use and Privacy Policy. In the event of a conflict between these Terms (on the one hand) and our Terms of Use or Privacy Policy (on the other hand) these Terms shall prevail in connection with terms that are unique to the Card Linked Offer Service while the Terms of Use and Privacy Policy shall prevail in all other respects in connection with your engagement with our programs.

You accept these Terms when you enroll a card in the Card Linked Offer Service. MyPoints In-Store Cash Back Program may add to, change, or remove any part of these Terms from time to time. If MyPoints In-Store Cash Back Program changes any material Terms that would have a material adverse effect on your rights as they are presented to you in these Terms, MyPoints In-Store Cash Back Program will notify you via email or through other reasonable electronic means.  Your continued participation in the Card Linked Offer Service, including receiving benefits and rewards when you make a qualifying transaction at participating merchants, constitutes your acceptance of any changes to these Terms.

To receive benefits and rewards through the Card Linked Offer Service, you must enroll a valid, eligible card with the Card Linked Offer Service.  MyPoints In-Store Cash Back Program leverages the transaction matching technology provided by the Rakuten Card Linked Offer Network, Inc. (“RCLON”) to provide you the Card Linked Offer Services. By enrolling a card in the Card Linked Offer Service, you agree that your payment card network (e.g., MasterCard, American Express, Visa) may monitor transactions on your enrolled card at participating merchants. MyPoints In-Store Cash Back Program and RCLON will receive certain transaction information for the purposes of determining whether you have made a qualifying purchase and providing you targeted offers.  Transaction Data include, but are not limited to, merchant name, merchant location or other store identifier, transaction date, transaction amount, and the last 4 digits of your payment card.

You may remove your payment cards from the Card Linked Offer Service at any time by visiting https://www.MyPoints.com/account/linked-cards. When you do so, we will no longer receive future Transaction Data or other transaction information associated with your payment card, but we will retain historical Transaction Data to track rewards and benefits due under the Card Linked Offer Service and for account management and customer service purposes.

Card and Transaction Eligibility

The Card Linked Offer Service is limited to payment card transactions that are processed through the payment card networks.  If a payment card transaction is processed outside one of the payment card networks with which we are integrated, we will not receive the Transaction Data and we will not be able to match it with an offer.  Payment cards that are not eligible for use with the Card Linked Offer Service include, without limitation, corporate and purchasing cards, Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, and Visa Buxx.

Not all merchant locations or transactions with your enrolled card may be eligible for benefits and rewards, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay®, and other transactions not processed through the payment card network’s own system. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to qualify for rewards or benefits under the Card Linked Offer Service.

Data Sharing and Usage

In order to operate the Card Linked Offer Service, we and RCLON will share and use payment card and Transaction Data in order to:

• Provide information about your enrolled card to payment card networks so they may monitor transactions on your card at participating merchants.
• Receive Transaction Data from payment card networks for enrolled cards at participating merchants in order to determine qualifying transactions and provide you with benefits and rewards.  Such data may also be used to target offers that may be of interest to you in the future.
• Analyze Transaction Data to create performance reports that may be shared with merchants and their agents. These analyses may also be used to support general marketing to encourage consumers to enroll in the Card Linked Offer Service.
• Provide Transaction Data to participating merchants or their agents in order to validate qualifying transactions and assess the results of specific campaigns.

Information Disclosed for Our Protection and the Protection of Others

We and RCLON cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We and RCLON will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of MyPoints In-Store Cash Back Program or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

License to the Service

Subject to these Terms, MyPoints In-Store Cash Back Program grants you a limited, non-exclusive, and revocable license to access and use the Card Linked Offer Service. MyPoints In-Store Cash Back Program (or its affiliate) reserves the right to change, upgrade or discontinue the Card Linked Offer Service or any offer or feature of the Card Linked Offer Service at any time, with or without notice.

Limitations on Liability

You agree that we and RCLON are not responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of participating merchants. To the extent allowed by law, our total liability to you for any damages related to your use of the Card Linked Offer Service, regardless of reason, will not exceed US$50. You also agree that none of the payment card networks have any responsibility or liability in connection with the Card Linked Offer Service.

Privacy, Security and Information Collection

As a condition of using the Card Linked Offer Service, you agree that we and RCLON have the right to collect, retain, and use information collected in connection with your use of the Card Linked Offer Service. Your payment card information will be encrypted and stored in the Card Linked Offer Service’s databases.

Electronic Communications

You agree that we may communicate with you by means of electronic communications regarding these Terms, the Card Linked Offer Service, payment card information, and any other matter relating to your use of the Card Linked Offer Service.

Termination

We reserve the right, at any time, to modify or discontinue offering all or any portion of the Card Linked Offer Service in our sole discretion. If you are dissatisfied with any aspect of the Card Linked Offer Service at any time, your sole and exclusive remedy is to cease using the Card Linked Offer Service. You agree that neither we nor RCLON will be liable to you or to any third party for any modification, suspension, or termination of the Card Linked Offer Service.

Service Limitations, Qualifications & Disclaimers

Enrollment in the Card Linked Offer Service is limited to individuals who are 18 years of age or older. Enrollees may not use scripts or disguised redirects to derive financial benefit from the Card Linked Offer Service.

Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of benefits and rewards, or any misrepresentation of any information furnished to MyPoints In-Store Cash Back Program or its affiliates by you or anyone acting on your behalf may result in the termination of your enrollment in the Card Linked Offer Service and forfeiture of your benefits and rewards.

The Card Linked Offer Service is being provided to member "as is" with no warranty.  We reserve the right to terminate the Card Linked Offer Service at any time with or without notice. To the maximum extent permitted by law, we, RCLON and Visa and other payment card networks and payment processors, and all of their affiliates, licensors and suppliers, disclaim all representations and warranties, express or implied, with respect to the Card Linked Offer Service.

Member agrees to indemnify and hold MyPoints In-Store Cash Back Program, RCLON, the payment card networks, and each of their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of enrollee’s use of the Card Linked Offer Service.

These Terms shall be governed by and construed in accordance with the laws of California, without reference to conflicts of law rules. As a condition of the use of the Card Linked Offer Service, you (the enrollee) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles.

If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. MyPoints In-Store Cash Back Program’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. These Terms constitute the entire agreement between you and MyPoints In-Store Cash Back Program with respect to the Card Linked Offer Service.