RPEX allows you to track the balances in the loyalty programs you belong to. In order for us to track your balances and display them to you, we need to know specific information regarding your loyalty reward program accounts (such as your reward program account number, user identification, personal identification number, password and/or access code). This information enables us to update your account balances on an ongoing basis. By providing this information to us you authorize us to use and disclose such information to third parties on your behalf in order to display your balances and to execute and complete transactions on RPEX. There are also certain loyalty programs that require us to access their database and view specific personal information in order to match your details and display your loyalty point balances on our website. By agreeing to the Terms and Conditions, you are granting us permission to access our loyalty program partners database to process your personal information in order to fulfill the services that is available on our website.
Although RPEX makes reasonable efforts to ensure that the balances displayed to you are accurate and up to date, RPEX cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances.
We endeavour to provide current and accurate information on RPEX regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
All materials and content on RPEX (collectively the "Content"), including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled by us and/or our suppliers and loyalty program partners. None of the Content may be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written consent or except as specifically permitted on RPEX. Use of the Content for any purpose other than your own personal and non-commercial use is prohibited and is a violation of copyrights and other intellectual property rights.
The trademarks, logos and service marks that you see on RPEX are owned and controlled by us and/or our suppliers and loyalty program partners. Nothing herein or on RPEX grants you any license or right to use any such marks or logos. Your misuse of any such marks or logos is strictly prohibited and is a violation of copyrights and other intellectual property rights.
SOME LINKS ON RPEX REFER YOU TO THIRD PARTY SITES NOT UNDER THE OPERATION OR CONTROL OF RPEX. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH SITES AND WE PROVIDE THESE LINKS TO YOU ONLY FOR CONVENIENCE. THE INCLUSION OF ANY LINK TO THESE SITES DOES NOT IMPLY ENDORSEMENT BY POINTS OF THE LINKED SITE.
RPEX AND THE SERVICES OFFERED THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
OUR AND OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE TRANSACTION GIVING RISE TO THE CLAIM. IN NO EVENT SHALL ANY OF THE FOREGOING PERSONS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH POINTS.COM OR YOUR USE THEREOF HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold us and our affiliates, and their respective officers, directors, and employees, harmless from any claim or demand made against any of them by any third party due to or arising out of your use of RPEX, breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party, including intellectual property rights.
This Agreement, together with any applicable transaction request and confirmation, constitute the entire agreement between you and us with respect to your use of Points.com and the processing of any transactions thereon and supersede all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of this Agreement shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.