Effective 2024-03-07
California customers: if you using an External Service (such as Apple ID or Google Play), you must cancel through that service, as explained in more detail in Section 8a. For subscribers through Apple ID, refunds are handled by Apple, not Points To Love. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting Points To Love Customer Service via the provided link, or by sending a signed and dated notice stating your intention to cancel the agreement, along with your name and the email address, phone number, or other unique identifier associated with your account.
This notice shall be sent to: Points To Love, Attn: Cancellations, PO Box 44231 Brooklyn Ohio 44144, USA.
We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.
By accessing or using Points To Love Services, you agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"), including our Privacy Policy and Cookie Policy, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
Please take the time to carefully review the dispute resolution provisions outlined in Section 15 below. These provisions detail how claims will be handled between you and Points To Love. They include a mandatory pre-arbitration informal dispute resolution process, an arbitration agreement, options for small claims court, a waiver of class action rights, additional procedures for mass arbitration filings, and a waiver of jury trial rights. These provisions significantly impact your rights, as arbitration typically involves less discovery and appellate review compared to court proceedings.
We reserve the right to periodically update these Terms, so please visit this page regularly to stay informed about any changes.
As used in this Agreement, the terms "Pointstolove”, “Pointstolove.com”, “Points To Love”,"us," "we," the "Company", and "our" shall refer to Points To Love, as appropriate. Together you and Points To Love may be referred to as the "Parties" or separately as "Party."
By accessing or using our Services on Pointstolove.com (the “Website”), the Points To Love mobile application (the “App”), or any other platforms or services Points To Love may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or status.
Your utilization of our Services is also governed by the Privacy Policy and Cookie Policyalong with any terms you agree to when purchasing additional features, products, or services from Points To Love ("Additional Terms Upon Purchase"). These additional terms are incorporated into this Agreement by reference. If you do not agree with this Agreement, refrain from accessing or using our Services.
We retain the authority to revise, modify, or amend the Terms at our discretion. Any significant alterations will be posted on this page, accompanied by an updated effective date. While we may notify you of changes via email or other means in specific cases, it is your responsibility to routinely review this page for updates. Your continued use of our Services following any modifications implies your ongoing acceptance of the changes, thus binding you to the updated Terms. If you do not agree to any changes, you must cease accessing or using our Services promptly.
Before you create an account on Points To Love, make sure you are eligible to use our Services.
You may not create an account or utilize the Services unless all of the following conditions are met, and by utilizing our Services, you affirm and guarantee that:
You have not been previously banned from our Services or those of our affiliates, unless granted explicit written permission to create a new account.
Should you no longer meet these criteria at any point, your authorization to access our Services or systems will be automatically revoked, and you must promptly delete your account.Create a new account after we suspend or terminate your account, unless you receive our express permission.
Your license and access authorization to use the Services will be automatically revoked if you engage in any of the aforementioned activities.Points To Love prohibits uploading or sharing content that:
May harm the reputation of Points To Love or its affiliates.
The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.It's crucial to comprehend your rights and obligations regarding the content on our Services, including any content you contribute or publish. Posting inappropriate content is strictly forbidden.
While utilizing our Services, you will encounter: (i) content you upload or furnish during your use of our Services ("Your Content"); (ii) content other users upload or furnish while using our Services ("Member Content"); and (iii) content provided by Points To Love on and through our Services ("Our Content"). In this agreement, "content" encompasses, but is not limited to, all text, images, video, audio, or other materials on our Services, including information on users’ profiles and in direct messages between users.
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You affirm and guarantee to us that the information you furnish to us or any other user is precise, including any details submitted via Facebook or other third-party sources (if applicable), and that you will revise your account information as needed to maintain accuracy.
The content featured on your individual profile must align with the intended use of our Services. You are prohibited from displaying any personal contact or banking information, whether pertaining to you or any other individual (such as names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you opt to disclose any personal information about yourself to other users, you do so at your own discretion. We advise exercising caution when revealing any personal information online.
Your individual profile will be accessible to users worldwide, so ensure you are comfortable sharing Your Content before posting. You acknowledge and consent that Your Content may be visible to other users, and notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you affirm to us that you possess all requisite rights and licenses to do so, and thereby grant us an automatic license to utilize Your Content as outlined in Section 7 below.
You acknowledge and consent that we reserve the right to monitor or review Your Content, and we retain the authority to remove, delete, edit, limit, or block access to any of Your Content at our discretion. Additionally, you understand and accept that we are not obligated to showcase or assess Your Content.
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Content shared by other users on our Services is termed Member Content, which is owned by the user who posted it and is stored on our servers for display as directed by the respective user.
You have no ownership rights concerning Member Content, and unless expressly permitted by Points To Love, you may solely utilize Member Content in accordance with the intended purpose of our Services, which is to facilitate communication and meetings among users. Copying or using Member Content for commercial use, spamming, harassment, or making unlawful threats is prohibited. Misuse of Member Content may result in the termination of your account by us.
Points To Love owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
Points To Love does not tolerate inappropriate content or behavior on our Services.
We are dedicated to fostering a positive and respectful community within Points To Love, and we have a zero-tolerance policy for inappropriate content or misconduct, whether occurring on our Services or elsewhere (including on platforms operated by our affiliates). We urge you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by contacting Points To Love via the support form.
As outlined in our Privacy Policy, we may exchange data among our affiliates to ensure the safety and security of our users. If we suspect a violation of these Terms, we reserve the right to take appropriate actions, including banning you from our Services and/or those of our affiliates, and/or preventing you from creating new accounts. You acknowledge and accept that we may refrain from sharing specific account information with you if doing so could jeopardize the safety or privacy of our other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
Privacy is important to us. We have a separate policy about it that you should read.
For information about how Points To Love and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
Points To Love grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Points To Love grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Points To Love and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
You retain ownership of all content you provide to Points To Love, while also granting us the rights to use Your Content in accordance with this Agreement.
By creating an account, you grant Points To Love a global, perpetual, transferable, sub-licensable, royalty-free license to utilize Your Content. This includes hosting, storing, copying, displaying, adapting, editing, publishing, translating, modifying, distributing, and making Your Content available to the public. This license covers any information you authorize us to access from Facebook or other third-party sources, in any format or medium, known or developed in the future. Points To Love's license to Your Content is generally non-exclusive, except for derivative works created through our Services, where Points To Loveretains an exclusive license. For instance, Points To Love would exclusively license screenshots of our Services containing Your Content.
Furthermore, to safeguard Your Content from being used beyond our Services, you authorize Points To Loveto represent you in addressing any unauthorized uses of Your Content by other users or third parties. This includes the authority to send notices, such as DMCA Takedown Notices under 17 U.S.C. § 512(c)(3), if Your Content is utilized by third parties outside of our Services. However, Points To Loveis not obligated to take action against the use of Your Content by other users or third parties. Points To Love’s license to Your Content is subject to your rights under applicable law, such as laws concerning personal data protection if the content includes personal information as defined by those laws.
As a condition for accessing and using our Services, you consent to the placement of advertisements by us, our affiliates, and our third-party partners on our Services. Additionally, when you provide suggestions or feedback to Points To Love regarding our Services, you acknowledge that Points To Love may utilize and distribute such feedback for any purpose without providing compensation to you.
You consent to Points To Loveaccessing, retaining, and revealing your account details, including Your Content, if deemed necessary by law or based on a reasonable belief that such access, retention, or disclosure is essential to: (i) adhere to legal proceedings; (ii) enforce these Terms; (iii) address claims of content infringement on third-party rights; (iv) address your customer service inquiries; or (v) safeguard the rights, assets, or safety of the Company or any individual.
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You have the option to delete your account anytime by logging into the Website or App, accessing "Settings" on the App(located at the gear/pencil icon in the top right corner) or reaching out to the Pointstolove.com support email on the Website, and following the provided instructions to cancel your membership. However, remember that managing or canceling any External Service Purchases, such as those made through iTunes or Google Play, must be done through your respective External Service Account to avoid additional billing.
Points To Love reserves the right to investigate and, if deemed necessary, suspend or terminate your account without refund if it suspects you have violated these Terms, misused our Services, or engaged in inappropriate or unlawful behavior, whether on or off our platform. We may utilize any available means, including personal, technological, legal, or others, to enforce the Terms, without prior notice or liability to you, including restricting your access to the Services.
Should your account be terminated by either you or Points To Love for any reason, these Terms will remain in effect and binding between you and Points To Love, with no entitlement to refunds for any prior purchases. Your information will be handled and deleted in accordance with our Privacy Policy.
Points To Love does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
YOU ACKNOWLEDGE THAT POINTS TO LOVE DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON ITS USERS, NOR DOES IT DELVE INTO THEIR BACKGROUNDS. POINTS TO LOVE DOES NOT MAKE ANY ASSURANCES REGARDING USERS' CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS. HOWEVER, POINTS TO LOVE RESERVES THE RIGHT, AND YOU GRANT CONSENT, TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) USING PUBLICLY AVAILABLE RECORDS. ANY INFORMATION YOU PROVIDE MAY BE UTILIZED FOR THIS PURPOSE. SHOULD POINTS TO LOVE CHOOSE TO CONDUCT SCREENINGS THROUGH A CONSUMER REPORTING AGENCY, YOU AUTHORIZE POINTS TO LOVE TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU BEAR FULL RESPONSIBILITY FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS CANNOT GUARANTEE YOUR SAFETY AND DO NOT REPLACE ADHERING TO SAFETY TIPS AND OTHER SENSIBLE PRECAUTIONS. ALWAYS EXERCISE CAUTION AND IMPLEMENT APPROPRIATE SAFETY MEASURES WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. MESSAGES RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATED NOTIFICATIONS FROM POINTS TO LOVE, MAY RESULT FROM USERS ENGAGING IN IMPROPER BEHAVIOR, SUCH AS FRAUD, ABUSE, HARASSMENT, OR OTHER MISCONDUCT.
While Points To Love aims to foster a respectful user environment, it cannot be held accountable for the actions of any user on or off the Service. You agree to exercise caution in all interactions with other users, especially if you choose to communicate outside the Service or meet in person.
Points To Love provides its Services "as is," and we do not make any representations about the content or features of our Services.
POINTS TO LOVE PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR SUITABLE FOR YOUR NEEDS. WE MAKE NO GUARANTEES REGARDING THE NUMBER OF ACTIVE USERS, THEIR DESIRE TO COMMUNICATE WITH YOU, OR THEIR ULTIMATE COMPATIBILITY OR CONDUCT.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED, SENT, OR RECEIVED BY YOU OR OTHER USERS THROUGH OUR SERVICES. NOR DO WE ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF ANY USERS WITH WHOM YOU COMMUNICATE THROUGH OUR PLATFORM. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT ARISING FROM USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGE FROM VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, INTERRUPTIONS, OR TECHNICAL MALFUNCTIONS.
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Points To Love has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
Any DMCA Takedown Notices should be sent to [email protected], by phone to 214-576-3272 or via mail to the following address: Points To Love, PO Box 44231 Brooklyn Ohio 44144, USA.
Points To Love will terminate the accounts of repeat infringers.
Like many services, there are ads on our websites.
Our Services may include advertisements, promotions, and links to third-party websites or resources. Points To Love may also include non-commercial references to third parties within its content. However, Points To Love is not accountable for the availability or content of external websites or resources linked through our Services. Additionally, Points To Lovedoes not endorse any products or services offered by third-party websites or resources. If you decide to engage with any third parties accessed through our Services, your relationship with them will be governed by their terms. Points To Loveis not liable for the terms or actions of these third parties.
Points To Love’s liability is limited to the maximum extent allowed by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POINTS TO LOVE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES, OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF POINTS TO LOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POINTS TO LOVE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO POINTS TO LOVE FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL PROCEEDING AGAINST POINTS TO LOVE, WHETHER STATUTORY, IN LAW, OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (I) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (II) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (III) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
In the rare event of a legal dispute, here's how the Parties agree to proceed, unless prohibited by applicable law.
Any subsection in this Dispute Resolution Section that is prohibited by law will not apply to users residing in that jurisdiction. This includes Subsections 15b, 15c, 15d, and 15e, which won't apply to users residing within the European Union, European Economic Area, the United Kingdom, or Switzerland.
If you have any concerns about our Services, please contact Points To Love Customer Service first so we can attempt to resolve them informally. If you decide to pursue a dispute, claim, or controversy against Points To Love, the terms outlined here will apply. For the purposes of this Dispute Resolution Process and Arbitration Procedures detailed in Section 15, "Points To Love" encompasses our affiliates, employees, licensors, and service providers.
Points To Love values its relationship with you and recognizes the benefits of informally resolving Disputes (as defined below). Before initiating a formal dispute through arbitration or small claims court, you agree to send a detailed notice ("Notice") to Points To Love, PO Box 44231 Brooklyn Ohio 44144, USA. If Points To Love has a dispute with you, we will send a Notice to your most recent email address on file, or other contact information associated with your account if no email address is on file. Your Notice must include: (1) your full name; (2) information to identify your account, including a picture or screenshot of your profile, address, mobile phone number, email address, and date of birth used for account registration (if any); and (3) a detailed description of your dispute, including the nature, factual basis of your claim(s), and the relief you seek, along with a calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Points To Love’s Notice will also provide a detailed description of our dispute, including the nature, factual basis of our claim(s), the relief we seek, and a calculation of our damages (if any). You and Points To Love agree to negotiate in good faith to resolve the Dispute. If Points To Love requests a telephone conference to discuss your Dispute, you agree to participate, with your attorney if represented. Similarly, if you request a telephone conference regarding Points To Love’s Dispute with you, Points To Love agrees to have one representative participate. This informal process aims to resolve the Dispute. However, if the Dispute remains unresolved 60 days after receipt of a fully completed Notice, and the Parties haven't agreed to extend this period, you or Points To Love may initiate arbitration (subject to the Party’s right to elect small claims court as provided below).
Completing this informal dispute resolution is a condition precedent to filing a demand for arbitration or small claims court action. Failure to do so breaches this Agreement. The statute of limitations and filing fee deadlines will be paused while you and Points To Love engage in this informal process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation ("NAM"), will not accept or administer any demand for arbitration and will close any arbitration unless the Party bringing the demand certifies in writing that the terms of this informal process were met. A court of competent jurisdiction may enforce this provision and halt any arbitration or small claims court action.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND POINTS TO LOVE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND POINTS TO LOVE EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST POINTS TO LOVE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND POINTS TO LOVE AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
Any dispute, claim, or controversy between you and Points To Love (that is not resolved informally by Points To Love Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, "Dispute"), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. "Dispute" as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Points To Love may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Points To Love challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Points To Love’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against Points To Love (except for small claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and Points To Love shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address [email protected]. If NAM is unable or unwilling to perform its duties under this Agreement, the parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
This Dispute Resolution Section 15 governs all Disputes between the Parties, including claims that arose against you or Points To Love before your consent to this Agreement and those arising after your consent. Despite any provision in this Agreement, you have the option to exclude the retroactive application of this Dispute Resolution Section 15 for claims that accrued against you or Points To Love before your consent to this Agreement. To opt out, send written notice within 30 days of your consent to this Agreement to support@Points To Love. Provide sufficient information to identify your account(s), such as associated email address or phone number, and state that you're opting out of the retroactive application of this Dispute Resolution Section 15. Note: if you opt out, you're still subject to any previously agreed-upon Dispute Resolution Sections, Arbitration Procedures, including arbitration provisions, class action waivers, and retroactive application sections. Regardless of your opt-out decision, the Parties will resolve any claims arising after your consent to this Agreement according to this Dispute Resolution Section.
Ohio law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
To the fullest extent allowable by law, the laws of Ohio, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Cuyahoga County, Ohio (except for claims filed in small claims court).
Except where prohibited by law and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Points To Love that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Cuyahoga County, Ohio, U.S.A. You and Points To Love consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
You agree to indemnify Points To Love if a claim is made against Points To Love due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Points To Love, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, contain the entire agreement between you and Points To Love regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Points To Love account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Points To Love in any manner.
Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin
For subscribers located in New York:Your Right to Cancel—You may cancel your, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your period, your estate shall be entitled to a refund of that portion of any payment you had made for your which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your period, you shall be entitled to a refund of that portion of any payment you had made for your which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.