- Acceptance of Member Agreement
Welcome to the Pregame LLC ("Pregame") Rewards Program. This Rewards Program Agreement (this "Agreement") constitutes a binding legal agreement between you and Pregame regarding your use of the Rewards Program (the "Program"). Please read this Agreement carefully. By registering for or using the Program, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Program.
BEFORE YOU SELECT THE "I ACCEPT AND AGREE" CHECK BOX, CAREFULLY READ THE TERMS OF THIS AGREEMENT. BY CHECKING THE "I ACCEPT AND AGREE" BOX AND CLICKING THE JOIN BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE "I ACCEPT AND AGREE" CHECK BOX AND CLICK THE JOIN BUTTON.
The terms "you," "your,"and "yours" refer to you, the customer using the Program. The terms "Pregame," "we," "us,"and "our" refer to Pregame.
- The Program; Merchants
The Program allows a registered member, in accordance with this Agreement, to accumulate points with the Program as described elsewhere on the Pregame Website (the "Site") by making purchases of Pregame products and services offered through the Site and to receive targeted marketing messages. The details of the Program are set forth at Program Rules and may be revised by Pregame from time to time (the "Program Rules"). You may cancel your membership at any time as provided in the instructions on the Site.
- Account Registration
You must register for and maintain an account with us to use the Program. In order to register for an account, you must meet the program requirements detailed on the Site. When registering, you must provide accurate and complete information about yourself and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Program. You have the burden of proving your compliance with the terms of this Agreement and the Program Rules. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, you must not provide your account information to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security.
- Transactions With Third Parties
Your correspondence or business dealings with, or participation in promotions of third parties who advertise or have links to or from the Site ("Merchant Partners"), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Merchant Partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Unless otherwise specifically noted on the Site, Purchases from Merchant Partners do not contribute towards the receipt of benefits under the Program.
- Good Standing and Termination
In order to be eligible for the rewards available through the Program, you must remain in good standing (as defined in the Program Rules) at all times during your membership. It is your responsibility to understand the requirements for good standing and to ensure that you stay in good standing. Your account remains in effect so long as comply with the terms of this Agreement and you fulfill the membership requirements detailed in the Program Rules. You may terminate your account at any time. Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Program or this Agreement.
We may terminate this Agreement and your rights under this Agreement automatically if you breach any part of this Agreement.
Upon termination of this Agreement or closure of your account (whether by you or us), you will forfeit any and all points and rewards accumulated in your account, as well as any rewards or points earned, pending, or in process. Termination of this Agreement or your account will also require that you utilize previously disbursed rewards under the Program within 60 days after such termination, unless we learn that you were not in good standing prior to the time a previously disbursed reward was disbursed to you or the rewards were disbursed in error, in such cases the rewards will terminate immediately.
- Access to the Program; Modifications to the Program
We do not provide you with the equipment to access the Program or the Site. You are responsible for all fees charged by third parties to access the Program and receive marketing messages (e.g. charges by your Internet Program provider to access the Site and Program). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Program without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Program.
You must comply with the Program Rules and all applicable laws when using the Program. Except as may be expressly required by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) use any automated tool to use the Program; (b) rent, lease, or sub-license your access to the Program to another person; (c) use the Program for any purpose except for your own personal use; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Program; (e) use the Program in a manner that threatens the integrity, performance, or availability of the Program; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Program.
- Privacy Statement
We may collect registration and other information about you through the Site. Our collection and use of this information is
governed by our Privacy Statement available at http://www.Pregame.com/EN/Site-Tools/Privacy-Pledge.html.
If you contact Pregame with information including, without limitation, feedback data (e.g., questions, comments, suggestions, or the like) regarding the Program (collectively, "Feedback"), the Feedback will be deemed to be non-confidential and Pregame will have no obligation of any kind with respect to the Feedback. In addition, you agree and acknowledge that Pregame is free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Feedback to others without limitation, and to authorize others to do the same. Further, Pregame is free to use any ideas, concepts, know-how or techniques contained in the Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products, programs, and other items incorporating the Feedback. Pregame will not be liable or owe any compensation for the use or disclosure of the Feedback.
- Rewards are Not Guaranteed
AS SPECIFIED IN THE PROGRAM RULES, REWARDS UNDER THE PROGRAM ARE NOT GUARANTEED. ALL REWARDS ARE PAID OUT OF THE REWARDS FUND, WHICH IS SUBJECT TO MARKET CONDITIONS AND MAY LOSE VALUE.
- Disclaimer of Warranties
YOUR USE OF THE SITE AND PROGRAM IS AT YOUR SOLE RISK. THE SITE AND PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREGAME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR THE PROGRAM, AND YOU RELY ON THE SITE AND THE PROGRAM AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SITE OR THE PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREGAME OR THROUGH OR FROM THE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. PREGAME DOES NOT MAKE ANY WARRANTIES REGARDING MERCHANT PARTNERS. FOR INFORMATION REGARDING WARRANTIES (IF ANY) OR OTHER TERMS RELATING TO A MERCHANT PARTNER, PLEASE CONTACT THE MERCHANT PARTNER DIRECTLY.
- Limitation of Liability
PREGAME WILL NOT BE LIABLE FOR ANY DIRECT, 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 PREGAME HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE PREGAME PROGRAM . UNDER NO CIRCUMSTANCES WILL PREGAME'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $250.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PREGAME TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You will indemnify, defend and hold harmless Pregame, and its subsidiaries, affiliates, officers, agents, and employees, from any and all costs, damages, expenses and liability caused by your use of the Site or the Program, your violation of this Agreement, or your violation of any rights of a third party through use of the Site or Program.
- Updates to this Agreement
We may occasionally update this Agreement. When we do, we will revise the "last updated" date on the Agreement, and you may view the most current version here. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use your account, the Site, or any Program, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Pregame regarding the Program.
- General Notices
Pregame's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or any Program, you consent to receiving electronic communications from Pregame. These communications will include notices about your account and information concerning or related to the Program. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Agreement is governed by the laws of the State of Nevada, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You consent to the exclusive jurisdiction of the state and federal courts located in Clark County, Washington. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property.
- Contacting Pregame
If you have any questions or concerns about this Agreement, the Site, or the Program, please send us a thorough description by Email to Support@Pregame.com.