PLEASE READ THESE WINDSTREAM "THANK YOU REWARDS" PROGRAM TERMS ("PROGRAM TERMS") CAREFULLY BEFORE REGISTERING FOR THE WINDSTREAM "THANK YOU REWARDS" PROGRAM ("PROGRAM"). THESE PROGRAM TERMS ARE BETWEEN YOU AND WINDSTREAM COMMUNICATIONS, LLC, OR THE ENTITY THAT APPEARS ON YOUR BILL ("WINDSTREAM," "WE," "US," OR "OUR"). IF YOU DO NOT AGREE TO ALL OF THE PROGRAM TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR THE PROGRAM. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE PARTICIPATING IN ALL OR ANY PART OF THE PROGRAM WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE PROGRAM TERMS, WITHOUT MODIFICATION.
Except for certain aspects of the website associated with the Program that may be available to the public, the Program is provided only to users who become Members (as such term is defined below). The Program is offered subject to acceptance without modification of these Program Terms. The Program Terms shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published on www.windstream.com and/or the Program website available at https://thankyou.windstream.com/, as each may be modified from time to time (collectively, "Policies"), including, without limitation, the following:
These Program Terms constitute the entire agreement between you and Windstream with respect to the Program; provided that, these Program Terms are in addition to (not in lieu of) any other agreement (whether in writing, clickwrap or otherwise) that you have entered into with Windstream (now or in the future) regarding any services and/or equipment provided by Windstream ("Other Agreements"). If there is any conflict between the Program Terms and those of any Other Agreement, the terms of the Other Agreement shall control.
Windstream reserves the right, at its sole discretion, to modify or replace the Program Terms, in whole or in part, at any time. Except as otherwise stated in these Program Terms, Windstream will use reasonable efforts to notify Members of any material change at least 30 days in advance of the effective date of any material change to the Program Terms. Change notices may be communicated by postings on the Program website or electronic mail to Members. In any case, Members should periodically check the Program Terms for changes. Continued use of the Program following such notice of any change to the Program Terms constitutes Member's acceptance of those changes. The Program Terms may not otherwise be amended, except by a written agreement executed by Member and Windstream. Windstream may terminate the Program, in whole or in part, at any time.
To be eligible to participate, you must be of legal age (18 years of age in most U.S. States, 19 in Alabama and Nebraska and 21 in Mississippi) to use the Program, a current Windstream residential customer, keep your Windstream account(s) in good standing and registered on and using the Program website with access to the Internet and a valid email address. For the avoidance of doubt, existing EarthLink residential customers (without a Windstream account) are not eligible to participate in the Program and these Program Terms do not apply. Employees of Windstream and its affiliates and their respective agents, subagents, partners or distributors are not eligible to participate in the Program. If you do not so qualify, you are prohibited from accessing, using and registering for the Program. Each eligible Windstream residential customer that properly completes the Program registration process shall be considered a member of the Program for the purposes of these Program Terms ("Member" or "you"). Windstream may change its eligibility criteria from time to time.
To become a Member, each eligible Windstream residential customer must complete the registration process on the Program website by providing Windstream with current, complete and accurate information (including, without limitation, the phone number on their Windstream account as shown on their Windstream bill), as more specifically required by the then-current registration procedures. By way of illustration and not limitation: prospective Members may also be required to provide their name and zip code, username, password, legitimate e-mail address and certain additional information (for example, preferred contact method and products and services of interest); and in order to obtain certain aspects of the Program, Members may also elect to provide access information related to their accounts at social networking sites (for example, Twitter and Facebook). Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Windstream may refuse to accept any user's application to register as a Member or continue offering the Program to any person or entity at any time, in its sole discretion.
Upon acceptance, Windstream will provide access credentials to the Member. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify Windstream immediately of any unauthorized use of Member's account or any other breach of security.
5. Program Overview; Points
The Program may include one or more methods for participating Members to accumulate and redeem loyalty rewards points ("Points"), on an individual basis and solely for their own account. The Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed or expired) or "lifetime" Points (that is, all prior Points accumulated by Member, whether still redeemable or previously redeemed or expired). From time to time, Windstream may establish (at its sole discretion) loyalty criteria pursuant to which Members may "earn" Points (for example, by building out their profile; by engaging in certain specified activities like reading particular Windstream blogs; by engaging in certain specified activities related to social networks). Subject to these Program Terms, Points earned in the Program will not expire as long as the Program continues and the Member redeems at least one reward within a one (1) year period. If no reward redemptions are recorded or reported within a one (1) year period, your Points will expire. Windstream may, at its discretion, send you periodic notifications to remind you that your redeemable Points will expire due to redemption inactivity. Windstream reserves the right to terminate, change, limit, modify or cancel any of the above terms of Points expiration, with or without notice.
From time to time, Windstream may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Points. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by Windstream and are subject to change.
Member acknowledges and agrees that:
- Points have no "real world" or cash value.
- Points have no purpose or use except in exchange for benefits or privileges (if any) offered by Windstream via the Program.
- Redemption offers may be time-limited or available only in limited quantities.
- Points may only be used at the Program to which they apply and, therefore, cannot be redeemed at or transferred to Member's Windstream account or to any other program.
- Member's Points cannot be redeemed by, or sold or otherwise transferred to, any other Member of this Program.
- Upon termination of Member's registration for any reason, all Points are lost/forfeited to the extent permitted by law, regardless of how they were acquired by Member.
- Windstream's ability to credit Points to Member's account based on Member's activities at social networking sites may be restricted (in whole or in part) by the terms, conditions and/or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements as established and intended by Windstream, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
- Windstream's good faith determination of the amount of Points available to any Member hereunder shall be final and binding.
Except as expressly provided otherwise in these Program Terms, each Member is solely responsible for all of its costs and expenses related to the Program. Windstream determines whether (and how much) Members will be charged to access the Program and use the Program. In the event the Program is initially made available without charge, Windstream may later decide to charge for accessing or using some or all of the features of the Program. In the event a subscription or other fee is charged for the Program, Windstream may later decide to change the price of that fee. Members will be notified of fee changes in accordance with Section 2 of these Program Terms. Member hereby agrees to pay all applicable fees for the Program that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by Windstream.
The Program may include discussion forums or other features, where Members may upload, display or transmit user generated content and other information of interest to those Members (including, without limitation, Member Content). Because Windstream does not review the substance of Member postings on the Program or other communications via the Program, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Program Terms, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so Windstream cannot and does not confirm that each Member is the person who they claim to be.
Windstream is not involved in Member-to-Member dealings and, therefore, each Member agrees, in connection with any use of the Program: (a) to release and hold harmless Windstream and their respective parents, affiliates, subsidiaries, employees, contractors, officers, directors, members, partners and representatives from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Program (including any disputes with other Members using the Program); and (b) to attempt to settle any disputes directly with such other Member or other third party.
8. Other Rules and Conduct
The Program is provided to Members only for their personal, noncommercial use. Any unauthorized use of the Program (including, without limitation, accessing the Program or other aspect of the Program for which the Member is not authorized, or any commercial use not expressly permitted in the Program Terms, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including Member Content posted to or transmitted via the Program.
As a condition of use, each Member hereby promises that it will not use the Program for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Program Terms or any Other Agreement, or any other purpose not reasonably intended by Windstream. Member agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Program for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, Member agrees not to (a) take any action related to the Program or (b) upload, post, submit or otherwise distribute or facilitate distribution of any Member Content that violates Windstream's Acceptable Use Policy or these Program Terms. "Member Content" means uploaded, posted, submitted or otherwise distributed or facilitated using any communications service, discussion forum, directory, survey, feedback or other service available or approved for or through the Program
Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by Windstream, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Members shall perform all of their obligations in respect of the transaction entered into in connection with using the Program.
Windstream may, at its sole discretion, immediately suspend or terminate any Member's access to the Program should their conduct fail (or appear to fail) to strictly conform to any provision of this section.
Windstream has no obligation to monitor the Program or any Member's use thereof. However, Windstream reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement). Windstream has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any Member Content. However, Windstream and its agents have the right, at their sole discretion, to remove at any time any Member Content that, in Windstream's judgment, does not comply with the Program Terms or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. Windstream is not responsible for any failure or delay in removing any such content. Member shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
10. Third Party Sites
11. Participation in Promotions of Affiliates
Any dealings by Members with advertisers, vendors and other third parties (collectively, "Program Affiliates") via the Program, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the Member and Program Affiliate or other third party. Windstream is not responsible or liable for any part of any such dealings or promotions.
12. Proprietary Rights
Member acknowledges and agrees that the Program, and all content and materials created by or for Windstream and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Windstream (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Windstream, each Member agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program or such content and materials. However, unless the Program otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Program for the Member's personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Program by any Member to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Windstream's express prior written permission.
If Member desires to make any use of any Program content for any purpose other than personal, noncommercial reference, then Member shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Program for any other purpose is strictly prohibited without Windstream's express prior written permission. Attempting to access or use the Program, content or materials for any purpose not expressly permitted in the Program Terms is prohibited.
13. License to Windstream
By uploading, posting, submitting or otherwise distributing Member Content of any kind to the Program, each Member hereby:
- grants and agrees to grant to Windstream and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the Member Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Program (including without limitation, being exported under content sharing arrangements with other websites); and
- represents and warrants that all Member Content includes appropriate attribution to the copyright owner; and
- represents and warrants to Windstream that Member owns or otherwise controls all rights to such Member Content and that public disclosure and use of the Member Content by Windstream (including without limitation, publishing content at the Program) will not infringe or violate the rights of any third party; and
- acknowledges and agrees that the Member Content is intended to and will be made available to, and used by Windstream and other Members.
Member agrees that he or she will not contribute any Member Content unless Member has all of the rights (including rights from the copyright owner) necessary to grant Windstream the use license, and to satisfy all of the warranty requirements, described above.
Notwithstanding the foregoing, the Program may provide each Member with the ability to remove some or all of the Member Content posted to the Program by such Member. Following any such removal, Windstream will use commercially reasonable efforts to discontinue any further display, performance and distribution of such Member Content by Windstream at the Program; provided, however, Member acknowledges and agrees that Windstream may continue using such Member Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that Windstream shall have no responsibility or liability in respect of any content that has been exported by Windstream or shared with other Members via the Program or that has been downloaded or copied by Members to other websites, systems and devices.
Windstream may terminate any Member's access to all or any part of the Program at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so at any time by sending an email to WINDSTREAM.Thank.You.Rewards@windstream.com that includes Member's electronic mail address and specifies which account the termination applies. Upon any termination, all rights and obligations of the parties regarding the Program shall cease and Member shall immediately cease using the Program, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Program Terms shall survive and (b) the provisions of these Program Terms which by their nature are intended to survive the termination of these Program Terms shall survive (for example, Confidentiality, Proprietary Rights, Limitation of Liability and Jurisdiction). After termination, Windstream has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other Member or third party.
15. International Use
Windstream makes no representation that the Program is appropriate or legally available for use in locations outside the United States, and accessing and using the Program is prohibited from territories where doing so would be illegal. Members that access the Program from other locations do so at their own initiative and are responsible for compliance with local laws.
16. Program Requirements on Endorsements and Testimonials
In connection with your participation in the Program, you may receive confidential and proprietary information of Windstream ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
18. Independent Contractor Relationship
Your participation in the Program does not authorize you to act on Windstream's or its affiliates' behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Windstream or its affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Windstream is not directing how you perform your obligations hereunder.
19. Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WINDSTREAM DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINDSTREAM OR ITS AFFILIATES BE LIABLE UNDER THESE PROGRAM TERMS OR IN CONNECTION WITH THE PROGRAM FOR (A) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, EVEN IF WINDSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES, IN AGGREGATE, IN EXCESS OF $100.00 USD. YOU MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
Any written notices required or permitted to be given by Windstream hereunder may be may be communicated by postings on the Program website or electronic mail to Members. By participating in the Program, you consent to all Program-related notices and information sent by email to be delivered using the email address you have registered in the Program Website.
21. Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Arkansas without regard to the conflict or choice of law rules thereof. The federal and state courts located in Pulaski County, Arkansas shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
You may not assign the right to participate in the Program to any other party. Windstream may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. The delay or failure of Windstream to enforce any right or remedy under these Program Terms, will not constitute a waiver of such right or remedy. If any part of these Program Terms is held invalid or unenforceable, the remainder of these Program Terms will remain in effect.
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