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BOXX Rewards Terms and Conditions
PLEASE READ THE BOXX REWARDS PROGRAM OVERVIEW. INFORMATION FOLLOWS ON PROGRAM TERMS & CONDITIONS. THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY SIGNING UP / REGISTERING FOR THE BOXX CUSTOMER LOYALTY PROGRAM ("BOXX REWARDS") YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (THE "TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR BOXX REWARDS.
BOXX REWARDS POINTS MAY BE REDEEMED ONLY FOR REWARDS OFFERED BY BOXX TECHNOLOGIES, INC. ("BOXX"). BOXX RESERVES THE RIGHT TO MODIFY OR TERMINATE BOXX REWARDS IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE REWARDS POINTS ALREADY ACCUMULATED. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS HEREOF.
Your Privacy
Please review the BOXX Privacy Policy (available at www.boxxtech.com/privacy) that governs the BOXX Rewards program (except as otherwise stated in these Terms) to understand our practices in connection with the use and protection of your personal information. Your enrollment and participation in the BOXX Rewards program constitutes your acknowledgement and consent to the BOXX Privacy Policy.
BOXX Rewards Program Membership Eligibility
You may register for the BOXX Rewards program, on or after April 1, 2005, if you are an individual who is at least 18 years of age as of the date of your enrollment. You are a resident of the United States, (excluding any U.S. territories, including Puerto Rico). You have the capacity to enter into binding contracts, and are not already a BOXX Rewards member. Corporations or other entities are not eligible for BOXX Rewards.
The effective date of the BOXX Rewards program and these Terms is April 1, 2005.
BOXX Rewards Guidelines
The award and redemption of BOXX Rewards points are void where prohibited by law. The accumulation of points is subject to these Terms. Points accrued under BOXX Rewards do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, BOXX Rewards points are not redeemable for cash, transferable, or assignable for any reason. The sale, solicitation, trade or other trafficking in BOXX Rewards points or referrals is strictly prohibited. The value of BOXX Reward points and the availability of rewards available for redemption are subject to change at any time, without notice.
Each BOXX Rewards member will receive a unique registration user name and password. Upon receiving a BOXX username, the member will be eligible to accrue BOXX Rewards points. (NOTE: Unless you accept these terms and conditions, your point balance will always be zero.)
Membership in BOXX Rewards and program benefits are offered at the sole discretion of BOXX Technologies. BOXX and its partners have the right to change, limit, modify, increase, decrease, or cancel BOXX Rewards' Terms, point redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting points and rewards, or any other aspect of the BOXX Rewards program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
Participation in BOXX Rewards is subject to these Terms, as well as any policies, restrictions, and procedures that BOXX may adopt or modify from time to time, including any conditions applicable to specific rewards available for redemption. BOXX may amend these Terms and any other applicable policies, restrictions, and procedures at any time without notice. BOXX has the sole discretion to interpret and apply these Terms. Your continued use of BOXX Rewards, following the posting of conspicuous notice of any modification, will indicate your acceptance of any modification to the Terms hereof. If at any time a member does not accept the terms and conditions, or any subsequent amendments or modifications thereto, or becomes dissatisfied with BOXX Rewards, his or her sole remedy is to terminate participation and membership in the program.
Any failure to abide by these Terms or any policies, restrictions, or procedures implemented by BOXX Technologies, any conduct detrimental to BOXX, or any misrepresentation or fraudulent activities in connection with BOXX Rewards may result, in addition to any rights or remedies available to BOXX in law or equity, in the termination of membership in BOXX Rewards, as well as forfeiture of BOXX Rewards points accrued to date and any other benefits accrued in connection therewith, in BOXX Technologies' sole discretion. BOXX reserves the right to invalidate BOXX Rewards points from a member's account if it determines that such points were improperly credited to such member's account or obtained fraudulently. BOXX reserves the right to require proof of accrual of BOXX Rewards points and BOXX reserves the right to delay the processing or redemption of any BOXX Rewards points without notice to you, in order to assure compliance with the Terms outlined herein. In the case of fraud or abuse involving BOXX Rewards, point credit, or reward use, BOXX Technologies and its partners have the right to take appropriate administrative and/or legal action, and all points accrued through BOXX Rewards may be forfeited and the account closed.
BOXX may terminate BOXX Rewards at any time. In such an event, BOXX shall give conspicuous notice at least ninety (90) days prior to the date that such termination becomes effective, during which time you may still accrue and redeem BOXX Rewards points unless otherwise determined by BOXX in its sole discretion. Provided however, that you agree that BOXX shall not be required to give ninety (90) days notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankrupt, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All BOXX Rewards points must be used prior to the effective date of termination. You should never rely upon the continued availability of BOXX Rewards or any BOXX Rewards points accumulated.
BOXX may at any time and without notice suspend or disable the BOXX Rewards Website for maintenance or upgrades. BOXX Technologies will not be responsible for your inability to redeem or accrue BOXX Rewards points for the period that the website is disabled.
Your Accrual of BOXX Rewards Points
Earn 20,000 BOXX Rewards points for referring a qualifying "new" customer to BOXX.
A qualifying "new" customer to BOXX Technologies is: (a) an individual person, business or corporation, other than the referring BOXX Rewards member (who may not refer themselves); (b) who purchases at least one BOXX Workstation, render node or server after April 1, 2005; (c) who has NEVER previously purchased any BOXX product, service or support contract from BOXX. The qualifying purchase must be paid in full prior to BOXX Rewards points being distributed to the BOXX Rewards member. The referring BOXX Rewards member cannot have previously received referral credit for the same "new" customer referral; and (d) the return and subsequent re-purchase by a "new" customer is specifically excluded. A "new" customer either must enter the BOXX Rewards member's account USERNAME at the time of online web order; or provide the BOXX Rewards members USERNAME to BOXX Sales prior to the completion of a phone or face to face order.
These are the only ways for the BOXX Rewards member to accrue points for the referral of a "new" customer qualifying purchase. Only one BOXX Rewards member can accrue points for each "new" customer. BOXX specifically reserves the right to audit BOXX Rewards members point accruals at any time, including after such points have been awarded and at the time of redemption, for compliance with these Terms and to take appropriate action in accordance with these Terms in the event of fraud, malfeasance, or any other non-compliance. BOXX Rewards points may not be accrued for a referral made prior to the date the BOXX Rewards member joined BOXX Rewards, as shown in our records. No retroactive credit will be given. All transactions in BOXX Rewards are subject to review and adjustment by BOXX. BOXX reserves the right to invalidate points posted to a member's account upon notice that the member did not comply with these Terms.
Earn 5,000 points for including BOXX as part of a published review, quote or testimonial in a "qualified" news story - either online, television, radio or in print.
A "qualified" news story will be published by an industry-recognized visual computing-focused media outlet that is read by a minimum of 5000 people within 30 days of the published story. Posting on an online web forum or weblog (blog) does not qualify. Examples of qualifying print publications would include 3DWorld, Film and Video, POST, CGNetworks, Cadalyst, CineFex, Studio, Millimeter, PC World, PC Magazine, C-NET, Wired and other like media outlets. The final arbiter in determining point qualification for media stories is BOXX.
Earn 1,000 points for wearing BOXX Gear and having that photograph published in a recognized media or trade publication or online article.
The photograph must be published by a reputable news outlet with a minimum subscriber base of at least 5,000 people within 30 days of publication. Again, weblogs (blogs) and online forums do not qualify.
Earn 2,500 points for hiding BOXX logos in your creative and then providing the creative to BOXX for proof.
Creative with hidden BOXX logos must be published works exposed to a minimum of 5000 people within the first 30 days of publication. The BOXX logo must be able to be recognized with the naked eye. No 'microscopic' logos please. BOXX will not release any information about your creative without the BOXX Rewards members' express written consent. What is hidden will stay that way unless you give us permission to tell others.
The BOXX Rewards points structure is subject to modification or limitation at any time, with or without notice, in BOXX 's sole discretion, and BOXX expressly reserves the right to establish additional means of accruing BOXX Rewards points, to delete any or all of the currently recognized means of accruing BOXX Rewards points, to exclude specific types of transactions or to make BOXX Rewards points selectively available to certain BOXX Rewards members based upon factors in its sole discretion.
Your Redemption of BOXX Rewards Points
You may redeem your BOXX Rewards points once they are credited to your account. Points can only be redeemed on the BOXX Rewards website by the member who accrued them. A BOXX Rewards account must contain the minimum number of points required for the requested reward. BOXX Rewards points will be deducted immediately upon order of the requested reward. Once BOXX Rewards points have been redeemed for a reward they may not be returned or refunded to a member's account for any reason. BOXX Rewards points cannot be combined with any other method of payment. Points cannot be combined with other promotions, coupons, or special offers, except where designated by BOXX.
Your BOXX Rewards Account
Only one BOXX Rewards account per person is allowed and points belonging to different BOXX Rewards accounts may not be combined or transferred to other parties.
BOXX Technologies will attempt to credit BOXX Rewards member's accounts with rewards points on a timely basis. However, each member shall have the responsibility of ensuring that his or her points are properly credited. Please retain copies of press clippings and photography for your records of proof. Any claim for BOXX Rewards points not credited accurately must be received by BOXX within sixty (60) days of the date of claimed accrual of such points. For any claim for un credited referral points, it is sixty (60) days from the date of new customer purchases(The INVOICE DATE) or sixty (60) days from the original publication date of the newspaper, magazine or online story.
BOXX shall have no liability of any kind for any printing, production, typographical, mechanical or other errors in the BOXX Rewards points summaries distributed by BOXX, for any delay or failure to credit BOXX Rewards points to your account or for any failure to provide BOXX Rewards account summaries as outlined herein.
By registering for and using the BOXX Rewards program, you are responsible for maintaining the confidentiality of your BOXX Rewards account information and password and for restricting access to your account and your computer, and you agree to accept responsibility (and to hold BOXX Technologies harmless) for all activities that occur under your account or password and to authorize BOXX to act upon all instructions received under your BOXX Rewards account password.
Your BOXX Rewards account may be closed at BOXX Technologies' sole discretion for any reason. BOXX Rewards points accrued will expire twenty-four (24) months after the date initially accrued. It is the responsibility of each BOXX Rewards member to be aware of the expiration of their points. No extensions, cash refunds or other exchanges will be allowed for expired BOXX Rewards points.
Additional BOXX Rewards Terms And Conditions
1. Limitation on Liability. BOXX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF BOXXREWARDS, (B) ANY FAILURE OR DELAY BY US IN CONNECTION WITH BOXXREWARDS (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF BOXXREWARDS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY BOXX, EVEN IF BOXX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, alteration, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. If, despite the limitation above, BOXX is found liable for any loss or damage arising out of or is in any way connected with any of the events described in the limitation above, then its liability will in no event exceed, in total, the sum of US $1.00.
2. Disclaimer of Warranties. BOXX MAKES NO WARRANTY OF ANY KIND REGARDING BOXX REWARDS, WHICH IS PROVIDED ON AN "AS IS" BASIS. BOXX EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT BOXX REWARDS WILL BE ERROR-FREE. BOXX FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO BOXX REWARDS. BOXX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
3. Complete Agreement and No Waiver. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between us relating to BOXX Rewards, and replaces any prior understandings or agreements (whether oral or written) regarding BOXX Rewards. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. BOXX Rewards is void where prohibited. If BOXX fails to act with respect to your breach or anyone else's breach on any occasion, BOXX is not waiving its right to act with respect to future or similar breaches.
4. Governing Law and Jurisdiction. The laws of the State of Texas (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of BOXX Rewards or these Terms, you agree to file such action only in the state and federal courts located in Travis County, Texas (USA).