PERCS® TERMS AND CONDITIONS
C Spire owns and operates the PERCS Rewards Program ("PERCS"). PERCS is a voluntary program from C Spire ("C Spire," "we," "us," "our") based on the accumulation and redemption of non-cash value Points ("PERC Points") and on the achievement of non-cash value status levels based upon accumulation of PERC Points and other criteria in C Spire sole discretion ("PERCS Status Levels"). A participant in PERCS ("Participant" or "you") may accumulate PERC Points to receive certain redeemable items and benefits and may achieve certain PERCS Status Levels to enjoy certain abilities, privileges, and rewards. For more information regarding relevant redemption of items and/or benefits, please refer to our cspire.com/percsfaqs and cspire.com/percs which are incorporated into these Terms and Conditions.
Individuals currently holding a C Spire primary account that is in Good Standing and have a valid C Spire mobile telephone number ("Customers") are eligible to register for participation in PERCS. Individuals who are not C Spire Customers but have a valid C Spire mobile telephone number listed under a Customer's account ("Sub-Customer") that is in Good Standing are eligible to register for participation in PERCS. An account is deemed to be in Good Standing if it is current in the balance owed and is otherwise not in any violation of any other terms, conditions, policies or agreements Customer may have with C Spire, or any other Violation as defined herein. Individuals who are not Customers or Sub-Customers or do not have a valid C Spire mobile telephone number ("Non-Customers") also are eligible to register for participation in PERCS. Sub-Customers and Non-Customers may not be eligible to register for and participate in the same levels and elements of PERCS as a Customer. The participation levels available to Customers, Sub-Customers, and Non-Customers are described in the Frequently Asked cspire.com/percsfaqs. Employees of C Spire are not eligible to register or participate in PERCS.
PERCS is intended to be a service provided to individual Customers, Sub-Customers and Non-Customers, and not business entities. Business entities with a C Spire account ("Business to Business Accounts") are not eligible to register or participate in PERCS. However, a business entity may allow individuals holding a valid C Spire mobile number under a Business to Business Account to register and participate in PERCS as a Sub-Customer. C Spire will consider any business entity's effort to require, encourage or allow individuals holding mobile numbers under a Business to Business Account to redeem points for the business entity's use, or to use a single mobile number for the purpose of accumulating PERC Points or PERCS Status Levels for the business entity's use, to be fraudulent and abusive activity, and a Violation as defined herein.
You must be eighteen (18) years of age to register and participate in PERCS, and by registering to participate in PERCS, you represent and warrant that you are at least eighteen (18) years of age. If you are under the age of eighteen (18) and register to participate in PERCS, then you warrant and represent you have been given consent to do so by your parent or legal guardian, and that you are fully competent to enter into these Terms and Conditions. If you are a Customer and maintain multiple wireless numbers under your C Spire account that participate in PERCS as a Sub-Customer(s), then you warrant and represent that all such Sub-Customers that participate in PERCS are either eighteen (18) years of age, or that you have given the Participant permission to participate in PERCS.
We reserve the right to terminate, cancel, suspend, revise, modify, supplement, and/or retract ("Change(s)") PERCS in total or any feature, term, condition, or part thereto without any prior or contemporaneous notice. Any such Change may be posted at cspire.com/percs and will be effective at the time of such posting or as otherwise stated in such posting. Such Changes may include, but are not limited to, the imposition of a maximum PERC Points achievement that may be earned or awarded in a single calendar month; an increase or decrease in the PERC Points value or PERCS Status Level achievement associated with Qualifying Action(s); the imposition of differing PERC Point redemption rates for Participants based on accumulation of points, tenure of holding C Spire account; a change in the PERCS Status Level qualifications for achieving or maintaining any PERCS Status Level or any other reason in the sole discretion of C Spire. C Spire's actions or decisions regarding any Changes shall be final in all respects and not subject to negotiation or amendment by you, and do not create any reliance or expectation as to the continuation of PERCS or any of its elements or representations.
PERC Points credited to Participant's PERCS Account will expire twenty-four (24) months following the date they are credited if not redeemed prior to such expiration. Upon expiration, PERC Points will no longer be valid for redemption and be deleted from Participant's PERCS Account. We may provide notice to you of such expiration of or change in PERC Points and/or PERCS Status Levels, but are under no obligation to do so.
We reserve the right to terminate or suspend your participation in PERCS for any reason, including, but not limited to, actual or attempted fraud, abuse, misrepresentation, misappropriation, and/or violation of these Terms and Conditions or the privileges granted by PERCS or any of C Spire's terms and conditions applicable to you ("Violation"). At any time we may audit your registration and participation in PERCS for compliance with these Terms and Conditions. Any evidence or finding of such Violation, whether as a result of an audit or otherwise, may result, at C Spire's sole discretion, in the disqualification of your continued or future participation in PERCS and the voiding and nullification of any accrued PERC Points, the redemption of such PERC Points, or the achievement of certain PERCS Status Levels. If C Spire does not take any action as a result of a Violation or fails to discover such Violation, such inaction or failure shall not constitute a waiver to act subsequently with regard to any Violation.
PERC Points and PERCS Status Levels have no actual cash or cash-convertible value. PERC Points and PERCS Status Levels are created and assigned by C Spire as a measure of certain criteria in C Spire's sole discretion, which may include, but is not limited to, participation in designated activities, purchase of certain offerings from C Spire and/or tenure with C Spire ("Qualifying Actions"). Qualifying Actions and the PERC Points and PERCS Status Levels assigned by C Spire to be granted for each Qualifying Action are described in more detail in the Frequently Asked Questions cspire.com/percsfaqs. PERC Points are a numeric valuation of such Qualifying Actions and used by C Spire to measure the rewards, discounts, and/or promotional offers to which a Participant may be eligible to receive based these Terms and Conditions and description of eligible point redemption found at cspire.com/percs or cspire.com/percsfaqs. PERC Points associated with a Qualifying Action by Participant will be assigned and credited to Participant within two (2) working days, following the Qualifying Action. PERCS Status Levels are a categorization of certain Qualifying Actions achieved by a Customer or Sub-Customer that allow Customer or Sub-Customer to engage in certain rewards and abilities assigned to certain PERCS Status Levels. Achievement of certain PERCS Status Levels may be dependent in whole or in part of the accumulation of PERC Points and/or other criteria in C Spire's sole dicretion, but are not convertible to PERC Points or otherwise available to be redeemed in the same manner as PERC Points. If a Customer or Sub-Customer who is participating in PERCS is deemed to not be in Good Standing after PERC Points have been accumulated or PERCS Status Levels achieved, C Spire reserves the right disallow the redemption or continued accumulation of PERC Points or the continued Qualifying Actions toward PERCS Status Levels until the Customer or Sub-Customer is deemed to be in Good Standing. If C Spire does not take any action to deem a Customer or Sub-Customer to be not in Good Standing, such inaction or failure shall not constitute a waiver to act subsequently for reasons warranting such designation.
Participant may transfer PERC Points validly credited to Participant's PERC Points account to another Participant under the terms of this paragraph ("Transferred PERC Points"). C Spire reserves the right to impose a minimum or maximum quantity of PERC Points that may be transferred. A transfer and acceptance of transferred PERC Points may only be processed by following the instructions found at cspire.com/percs. Transferred PERC Points will be debited from the transferring Participant's PERCS Account and credited to the receiving Participant's PERCS Account within two (2) business days. Any actual or attempted fraud, abuse, misrepresentation, misappropriation, and/or violation of these rules regarding transferring of PERC Points is considered a Violation as defined herein and may result in the termination or suspension of Participant's PERCS Account.
Only a valid Participant may attempt to redeem PERC Points, and each attempted redemption is subject to validation, audit, and verification by C Spire. We reserve the right to discontinue or substitute a redeemable item, reward or benefit of equal or lesser value if a an item, reward or benefit becomes unavailable or withdrawn at any time. Once a Participant has finalized a request to redeem PERC Points, those PERC Points may not be recredited or restored to Participant's PERCS Account, and any items returned by Participant are subject to C Spire's return policy.
Agreement and consent to these Terms and Conditions and your registration into PERCS are made in Mississippi, and these Terms and Conditions shall be construed and interpreted under the laws of Mississippi.
ARBITRATION: YOU AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND C SPIRE, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THESE PERCS TERMS AND CONDITIONS, OR THE SERVICES PROVIDED, INCLUDING ACCESS, DOWNLOAD AND/OR USE OF PERCS AND/OR ANY ACTION BY YOU AS A RESULT OF YOUR PARTICIPATION IN PERCS, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY C SPIRE, INCLUDING, BUT NOT LIMITED TO, ACTIONS TAKEN BY YOU IN ORDER TO RECEIVE OR REDEEM PERC POINTS OR PERCS STATUS LEVELS. SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE ARBITRATORS AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND C SPIRE AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.
You are responsible for any tax liability arising out of or with respect to your participation in PERCS and/or the redemption of PERC Points. Please consult your tax advisor. We may report redemption of PERC Points to applicable tax authorities.
By registering and participating in PERCS, you agree to release, indemnify, and hold harmless C Spire and its agents, independent contractors, suppliers; and their respective affiliates, parent companies, subsidiaries, officers, directors, employees, and agents ("PERCS Providers") from and against any and all liability, loss, damages, harm, delay, accident, or inconvenience, including, but not limited to, personal injury, death, economic injury, loss profits, property damages, costs and fees of legal counsel and court; which may arise directly or indirectly from your participation in PERCS.
C Spire is not responsible for any typographical, clerical, printing, mechanical, technical, or other errors contained in information distributed in connection with PERCS, or in the accumulation, totaling, granting, processing, communicating, or redemption of PERC Points or PERCS Status Levels.
Use of PERCS and any of its associated benefits are at your sole option, discretion, and risk. This program and attributes associated with it are provided on an "as is" and "as available" basis. C Spire and PERCS Providers make no representation or warranty that PERCS and any of its associated benefits and attributes (a) will meet your expectations or requirements; or (b) will be continued, uninterrupted, secure, timely or without error. Except as explicitly set forth in these Terms and Conditions, C Spire and PERCS Providers expressly disclaim all warranties and representations of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. If you have any questions or complaints regarding the products obtained through the redemption of PERC Points, you must contact the manufacturer directly.
Participant's receipt or realization of any tangible or intangible benefits resulting directly or indirectly from participation in PERCS shall not waive C Spire's ability to enforce any its rights or Participant's obligations made part of any other agreements or terms and conditions between C Spire and Participant.
If Participant is a Customer or Sub-Customer, and the associated C Spire account is allowed to lapse or otherwise terminated by the account holder, C Spire has the right, in its sole discretion, to change your status and ability to accumulate PERC Points or participate in PERCS Status Levels consistent with that of a Non-Customer. Further, C Spire has no obligation to allow Customers or Sub-Customers to retain PERC Points and/or PERCS Status Levels upon becoming a Non-Customer or to reinstate such PERC Points and/or PERCS Status Levels upon returning to the status of a Customer or Sub-Customer.
These Terms and Conditions, including all referenced documents, tables, linked information, and Frequently Asked Questions cspire.com/percsfaqs represent the complete agreement and understanding between you and C Spire with respect to PERCS. These Terms and Conditions supersede and take precedent over any inconsistent or conflicting terms or any additional promises or representations made to you by an employee or agent of C Spire. All parts of these Terms and Conditions are binding contractual terms on you. If you have a current account with C Spire, the terms and conditions regarding such services and account are not superseded or replaced by these Terms and Conditions.
You and C Spire are the only parties to these Terms and Conditions and the only parties who may seek to enforce these Terms and Conditions. There are no other persons who are parties to these Terms and Conditions or who have any interests whatsoever in them. You may not assign or grant your rights under these Terms and Conditions or participation in PERCS without our prior, written consent, except as provided herein. We may assign these Terms and Conditions, or any and all of our rights and interests in PERCS, without prior or subsequent notice to you.
If any provision, clause, or part of these Terms and Conditions are deemed unenforceable or are in conflict with other provisions, clauses, or parts of these Terms and Conditions or other agreements between C Spire, then such unenforceability or conflict will not render any other part unenforceable.