A. By using and/or visiting this website (collectively, including all Content, information and materials available through the www.staypointsrewards.com domain name, the "staypointsrewards.com Website," or "Website"), you signify your agreement to (1) these Terms of Use, (2) the Privacy Policy, found at www.staypointsrewards.com/privacy-policyand incorporated here by reference, and (3) the StayPoints Reward Program Terms and Conditions also incorporated here by reference. If you do not agree to any of these terms, the Privacy Policy, or the Reward Program Terms and Conditions, please do not use the Website. 

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version published on www.staypointsrewards.com/terms-of-use. StayPoints, LLC (referred to herein interchangeably as either “StayPoints” or “mystaypoints.com”) may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third-party.

 

These Terms of Use apply to all users of the Website, including users who are also contributors of information and other materials or services on the Website. These Terms of Use apply to all aspects and features of the Website.

 

The Website may contain links to third party websites that are not owned or controlled by StayPoints. StayPoints has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StayPoints will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve StayPoints from any and all liability arising from your use of any third-party website.

Please be aware when you leave the mystaypoints.com Website, and be sure to read the terms and conditions and privacy policy of each other website that you visit.

 

In order to access some features of the Website, you will have to create an account. Your creation and use of an account shall be governed by the StayPoints Rewards Program Terms and Conditions at www.staypointsrewards.com/terms-of-use.

 

In order for you to access and use the Website as set forth in these Terms of Use, you agree that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Content (defined below), without StayPoints’ prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to any coding or other technologies, whether or not embedded.

C. You agree not to access Content (defined below) or User Content (defined below) through any technology or means other than the authorized designated pages of the Website itself or other explicitly authorized means StayPoints may designate. You agree not to access or use any password protected or secure areas of the Website which are reserved for Authorized Users only. “Authorized Users” include only persons who have been issued a password for access to a password protected area or who have received clearance from StayPoints to access a secure area of the Website. Unauthorized individuals attempting to access these areas of the Website or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability, including, without limitation, under the Computer Fraud and Abuse Act (18 USC § 1030) and the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), 17 U.S.C. § 1201, et seq.).

D. Your use of the Website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations.  Any attempt by any person to change without permission or deliberately damage the Website is a violation of criminal and civil laws. You may not engage in any activity on the Website that restricts, inhibits or detracts any other user from using or enjoying the Website by "hacking", "cracking", "spoofing", or defacing any portions of the Website.

In addition, you agree not to post or transmit through the Website any material that violates or infringes in any way the rights of others or is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children’s Online Privacy Protection Act. You agree not to engage in any unlawful communications or unlawful collection, disclosure, uploading or maintenance of information regarding individuals under the age of thirteen. StayPoints reserves the right to seek legal action and damages against any person who violates the law, or any of the terms or policies set forth herein, to the fullest extent permitted by law.

E. You agree not to use the Website, or any Content, User Content, information, material or technologies, for any commercial use, without the prior written authorization of StayPoints. By way of non-limiting example, prohibited commercial uses include any of the following actions taken without StayPoints’ express approval:

F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, StayPoints grants the operators of public search engines 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. StayPoints reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.

G. You will otherwise comply with these Terms of Use, the Reward Program Terms and Conditions, and all applicable local, national, and international laws and regulations.

H. StayPoints reserves the right to discontinue any aspect of the Website at any time.

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the mystaypoints.com Website.

A. The content on the Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos associated therewith or contained therein ("Marks"), are owned by or licensed to StayPoints, subject to copyright, trademark and other intellectual property rights under the law. Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. StayPoints reserves all rights not expressly granted in accordance with these Terms of Use.

B. If allowed by StayPoints, your access to User Content shall be:

C. StayPoints may permit users of the Website to post “User Comments.” In such case, User Comments will be available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.

D. You may access mystaypoints.com Content, User Content and other content only as permitted under this Agreement. StayPoints reserves all rights not expressly granted in and to the Content and the Website.

E. You agree to not engage in the use, copying, transmission, or distribution of any of the Content or User Content, other than expressly permitted herein, including any use, copying, transmitting or distribution of User Content of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Content or enforce limitations on use of the Website or the Content therein.

G. You understand that when using the Website, you may be exposed to User Content from a variety of sources, and that StayPoints is not responsible for the accuracy, truthfulness, usefulness, safety, legality, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against StayPoints with respect thereto, and agree to indemnify and hold StayPoints, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. 

 

A. StayPoints may permit Website account holder to submit textual Content ("User Content"). You understand that whether or not such User Content is published, StayPoints does not guarantee any confidentiality with respect to any User Content.

B. You shall be solely responsible for your own User Content and the consequences of posting or publishing such information. In connection with User Content, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize StayPoints to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use, including, without limitation, for the User Content to be uploaded, downloaded, copied, streamed, reproduced, distributed, transmitted, broadcast, displayed, and otherwise used as contemplated by the Website.

C. For clarity, you retain any and all of your ownership rights in your User Content. However, by submitting User Content to mystaypoints.com, you hereby grant StayPoints a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, transmit, broadcast, stream, prepare derivative works of, display, and perform the User Content in connection with the Website and StayPoints’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, transmit, broadcast, stream, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.

D. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant StayPoints all of the license rights granted herein.

E. StayPoints does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and StayPoints expressly disclaims any and all liability in connection with User Content. StayPoints does not permit infringing activities (including, without limitation, copyright or trademark infringement), and StayPoints reserves the right to remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights or if StayPoints suspects that Content or User Content is infringing. StayPoints reserves the right to remove Content and User Content without prior notice. Notwithstanding the foregoing, StayPoints reserves the right, but takes on no affirmative obligation, to monitor and remove the Content or User Content. You acknowledge and agree that neither StayPoints nor any of its partners has any liability for any action or inaction with respect to any conduct, communication or posting on the Website.

F. You are solely responsible for ensuring that your access and use of the Website complies with all applicable international, national, federal, state and local laws and regulations, including, without limitation, U.S. export control laws and restrictions and the laws of other countries, including, for example, the country where you reside, as well as any end-use, end-user, and destination restrictions regarding export or import restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.

 

A. StayPoints reserves the right to terminate a User's access to its Website at any time, in the sole discretion of StayPoints, without prior notice. It is StayPoints’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

B. StayPoints reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations (other than copyright infringement and violations of intellectual property law), such as, but not limited to, pornography, obscene or defamatory material, or excessive length. StayPoints may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 

A. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

StayPoints’ designated Copyright Agent to receive notifications of claimed infringement is: Attn: StayPoints DMCA Infringement Notification; StayPoints, LLC; P.O. Box 36641, Birmingham, Alabama 35236; Email: [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to StayPoints’ customer service through [email protected]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, StayPoints may (but has no obligation to) send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may in StayPoints’ sole discretion be replaced, or access to it restored.

 

A. STAYPOINTS PROVIDES THE WEBSITE, THESE AND OTHER MATERIALS, THE CONTENT, AND ALL OTHER SERVICES, PROGRAMS, REWARDS, AND PRODUCTS "AS-IS" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. You also agree that StayPoints Nor any of the SPAs does not represent, warrant or guaranty that the Website, Content, User Content, or any such other products, Rewards, and services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented. IN NO EVENT SHALL STAYPOINTS Nor any of the SPAs  BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM  OR RELATING TO (I) YOUR USE OF THE WEBSITE, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE REWARDS PROGRAM OR USE OF ANY REWARDS, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,  WHETHER BASED ON WARRANTY, CONTRACT, TORT, INDEMNITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STAYPOINTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. In the event StayPoints  or any of the SPAs is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to a payment equal to the lesser of (i) the value of accrued Points in your membership account  in relation the purchasing ability of those points for rewards within the SP catalogue(if you are an enrolled member in the Rewards Program), and  OR (ii) one-hundred dollars ($100.00). You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based, otherwise such claim or action is permanently barred. If any provision(s) of these Terms of Use are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by StayPoints to exercise rights granted to StayPoints hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency. 

B.  You agree to defend, indemnify and hold harmless StayPoints and any associated SPA from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your participation in the Rewards Program, (iii) your stay at any StayPoints Property or non-participating property, (iv) your breach or violation of any term of these Terms of Use; or (v) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right. This defense and indemnification obligation will survive in perpetuity.

C. These Terms of Use, together with the privacy policy at www.staypointsrewards.com/privacy-policy and the Reward Program Terms and Conditions at www.staypointsrewards.com/terms-of-use, shall constitute the entire agreement between you and StayPoints concerning your use of the Website and/or participation in the Rewards Program. In the event of a conflict between any provision of these Terms and Conditions and any provision of the website Terms of Use, the conflicting provision that is more favorable to StayPoints (as determined by StayPoints its sole discretion) shall prevail over the provision which is less favorable to StayPoints.

D.  For purposes of these Terms of Use, all references to StayPoints shall include (i) StayPoints, LLC’s subsidiaries, affiliates, officers, directors, partners, employees, agents, and its (ii) Marketing Partners, and Property Operators (as such terms are defined in the Rewards Program Terms and Conditions).

E.  The Website is controlled and offered by StayPoints from its facilities in the United States of America. StayPoints makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

You affirm that you are either 18 years of age or older (or) the age of majority in your state of residence if age of majority is older than age 18), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are age 14 or older, as the Website is not intended for children under 14. If you are under 14 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned and transferred by StayPoints without restriction.

 

You agree that: (i) the Website shall be deemed solely based in Alabama, USA and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over StayPoints, either specific or general, in jurisdictions other than Alabama. These Terms of Use shall be governed by the internal substantive laws of the State of Alabama, without consideration of its conflict of laws principles. Any claim or dispute between you and StayPoints that arises in whole or in part from the Website shall be decided exclusively by a federal court in the Northern District of Alabama, or if there is no federal jurisdiction, then venue will be in a circuit court in Jefferson County, Alabama. Shall be determined by the process of mediation specifically held in Jefferson County, Alabama.  These Terms of Use, together with the Privacy Policy at www.staypointsrewards.com/privacy-policy, the Rewards Program Terms and Conditions at www.staypointsrewards.com/terms-of-use and any other legal notices published by StayPoints on the Website, shall constitute the entire agreement between you and StayPoints concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.