These terms and conditions (this “Agreement”) govern the NursePoints Member Program. The NursePoints Member Program is a loyalty program brought to you by NursePoints LLC. Purchase or use of any membership in the NursePoints Member Program (“Membership”) at any time subjects the purchaser or user (“you,” “your,” “yours,” “Member”) to the provisions of this Agreement, as amended from time to time.
The NursePoints Member Program entitles Members to everyday discounts made available within NursePoints.com web pages and on its “My Deals” mobile application.
a. Certain Conditions
(a) For the Everyday Member Discount, or other benefit to apply, the Membership account must be active and available at the time of redemption.
(b) Member Discounts cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated. Such exclusion includes the following, without limitation: Educator discounts; employee discounts; corporate or institutional discounts.
(e) Memberships are for individual use only and are non-transferable. When used online at NursePoints.com, a Member number may only be associated with one NursePoints.com account.
(f) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, employer, and telephone number. Periodically we will utilize the National Change of Address (NCOA) system to update the mailing address of accounts in our database, through information provided by the United States Postal Service. Members can change their account information by (i) updating Member profile data through an authenticated NursePoints.com account, or (ii) emailing Member Services at Service@NursePoints.com. We cannot assume any liability for correspondence, that is lost, delayed, or misdirected.
The monthly Membership fee is currently $9.99 billed on the 30th day of your free trial. Membership fees are subject to taxation in accordance with applicable federal or state law. The Membership fee of $9.99 per month does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new Memberships.
Membership fees are not refundable. However, we will cancel your Membership fee at anytime allowing you to use the Membership benefits for the balance of your billing cycle.
Term; Automatic Renewal; Billing
The Membership term is 30 days, beginning on the date of purchase. A Renewal or Automatic Renewal begins the day after the current term ends. When an expired Membership is renewed, the new Membership term begins on the date of renewal.
Each Membership will automatically renew (referred to as “Automatic Renewal Membership”) each month unless (i) you have elected to cancel your membership by emailing Service@NursePoints.com (ii) your method of payment has been cancelled or declined.
Your Membership is active upon providing a credit or debit card (other than a debit card that always requires a PIN) through your authenticated NursePoints.com account.
Automatic Membership fees will be billed monthly and automatically to the credit or debit card (other than a debit card that always requires a PIN) you provided when you enrolled in Membership or the form of payment we currently have on file for you, in the amount of the then current Membership fee.
(a) You have the right to cancel your Membership at any time. If you cancel your Membership, you will only be entitled to utilize your Membership Benefits for the remainder of your billing cycle. No refunds will be made available. Subject to the foregoing, you may cancel your Membership by emailing Service@NursePoints.com and presenting your Membership Name and contact information.
(b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your Membership fee.
(c) We may terminate any or all of the benefits available under the NursePoints Member Program at any time with or without notice. In the event of our termination of the NursePoints Member Program, at our election, we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
Disclaimers; Limitation of Liability
USE OF THE NURSEPOINTS MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NURSEPOINTS, INC., AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE NURSEPOINTS MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE NURSEPOINTS MEMBER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE NURSEPOINTS MEMBER PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NURSEPOINTS MEMBER PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE NURSEPOINTS MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE NURSEPOINTS MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE NURSEPOINTS MEMBER PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the NursePoints Member Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude NursePoints, Inc. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the NursePoints Member Program with respect to the NursePoints Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the NursePoints Member Program is deemed to have accepted the terms and conditions of this Agreement.
Changes to This Agreement
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at (xxx). Any change shall take effect immediately, unless otherwise provided. NursePoints can be reached by email at Service@NursePoints.com or by US Postal Service: 2210 Pestalozzi Street, St. Louis, MO 63118.
This Agreement was last modified on October 28th, 2014.