PERCS® TERMS AND CONDITIONS
Description of Service and Acceptance of Terms
PERCS is a service that provides Rewards based on the accumulation and redemption of non-cash value Points ("Rewards Points") and on the achievement of non-cash value status levels based upon accumulation of Rewards Points and other criteria in C Spire's sole discretion ("Rewards Status Levels"). A participant in PERCS ("Participant" or "you") may accumulate Rewards Points to receive certain redeemable items and benefits and may achieve certain Rewards Status Levels to enjoy certain abilities, privileges, and rewards.
Registration and Privacy
PERCS is not intended for users who are under the age of 13. If you are 13 years of age but under the age of 18, you must obtain your parent or guardian's permission to use PERCS. Your acceptance of these terms as described above constitutes your representation that you are 18 years of age, or you are 13 years of age but under the age of 18 and 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. 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.
PERCS Rewards Program
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 participate 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 participate 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") may also participate in PERCS. Sub-Customers and Non-Customers may not be eligible to 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 Questions 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 telephone numbers under a Business to Business Account to redeem points for the business entity's use, or to use a single mobile telephone number for the purpose of accumulating Rewards Points or Rewards Status Levels for the business entity's use, to be fraudulent and abusive activity, and a Violation as defined herein.
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 Rewards Points achievement that may be earned or awarded in a single calendar month; an increase or decrease in the Rewards Points value or Rewards Status Level achievement associated with Qualifying Action(s); the imposition of differing Rewards Point redemption rates for Participants based on accumulation of points, tenure of holding C Spire account; a change in the Rewards Status Level qualifications for achieving or maintaining any Rewards 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.
Rewards 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, Rewards Points will no longer be valid for redemption and will be deleted from Participant's Rewards Account. We may provide notice to you of such expiration of or change in Rewards Points and/or Rewards Status Levels, but are under no obligation to do so.
Rewards Points and Rewards Status Levels have no actual cash or cash-convertible value. Rewards Points and Rewards 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 Rewards Points and Rewards 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. Rewards 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 on these Terms of Service and description of eligible point redemption found at cspire.com/percs or cspire.com/percsfaqs. Rewards Points associated with a Qualifying Action by Participant will be assigned and credited to Participant within two (2) business days following the Qualifying Action. Rewards 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 Rewards Status Levels. Achievement of certain Rewards Status Levels may be dependent in whole or in part of the accumulation of Rewards Points and/or other criteria in C Spire's sole discretion, but are not convertible to Rewards Points or otherwise available to be redeemed in the same manner as Rewards Points. If a Customer or Sub-Customer who is participating in PERCS is deemed to not be in Good Standing after Rewards Points have been accumulated or Rewards Status Levels achieved, C Spire reserves the right disallow the redemption or continued accumulation of Rewards Points or the continued Qualifying Actions toward Rewards 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 Rewards Points validly credited to Participant's PERCS account to another Participant under the terms of this paragraph ("Transferred Rewards Points"). C Spire reserves the right to impose a minimum or maximum quantity of Rewards Points that may be transferred. A transfer and acceptance of Transferred Rewards Points may only be processed by following the instructions found at cspire.com/percs. Transferred Rewards Points will be debited from the transferring Participant's Rewards Account and credited to the receiving Participant's Rewards Account within two (2) business days. Any actual or attempted fraud, abuse, misrepresentation, misappropriation, and/or violation of these rules regarding transferring of Rewards 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 Rewards 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 an item, reward or benefit becomes unavailable or withdrawn at any time. Once a Participant has finalized a request to redeem Rewards Points, those Rewards Points may not be recredited or restored to Participant's Rewards Account, and any items returned by Participant are subject to C Spire's return policy.
You are responsible for any tax liability arising out of or with respect to your participation in PERCS and/or the redemption of Rewards Points. Please consult your tax advisor. We may report redemption of Rewards Points to applicable tax authorities.
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 Rewards Points or Rewards Status Levels.
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 Rewards Points or participate in Rewards Status Levels consistent with that of a Non-Customer. Further, C Spire has no obligation to allow Customers or Sub-Customers to retain Rewards Points and/or Rewards Status Levels upon becoming a Non-Customer or to reinstate such Rewards Points and/or Rewards Status Levels upon returning to the status of a Customer or Sub-Customer.
These Terms of Service, 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 of Service 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. 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 of Service.
We reserve the right to terminate or suspend your participation in PERCS, in whole or in part, for any reason, including, but not limited to, actual or attempted fraud, abuse, misrepresentation, misappropriation, and/or violation of these Terms of Service 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 of Service. 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 Reward Points, the redemption of Rewards Points, or the achievement of certain Rewards 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.
Dealings with Third Parties and Advertisers
C Spire may provide links to websites maintained by third parties, advertising content, as well as offers to participate in certain promotions through third party advertisers. Any links provided are offered solely as a convenience to you. C Spire does not endorse or take a position regarding the content of such links or advertisements, and your visit to such links are done at your own risk. You agree that any correspondence, business dealings, participation in promotions of, or other contact with such third parties, merchants or advertisers found on, through or via PERCS, including, but not limited to payment, delivery of goods or services, and compliance with other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and advertisers. You agree that C Spire shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such third parties, merchants or advertisers on PERCS.
You may choose to link your PERCS account with certain C Spire properties available on third party social media sites, and in certain instances you may have the opportunity to link your third party profile to your C Spire PERCS login and/or profile. If you choose to do so, you give C Spire permission to authenticate your identity, access and use your information and content from that third party service to the extent permitted by that service. These services may give you the option to post information about your participation in the Sites to your profile page to share with others within your network.
Disclaimer of Warranties and Limitation of Liability
PERCS IS PROVIDED TO YOU "AS IS." C SPIRE DISCLAIMS ANY AND ALL WARRANTIES RELATED TO PERCS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. C SPIRE FURTHER DISCLAIMS ANY WARRANTIES CONCERNING WHETHER PERCS OPERATES PROPERLY OR IN CONJUNCTION WITH YOUR DEVICE AND/OR ANY HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE. C SPIRE FURTHER DISCLAIMS ANY WARRANTY THAT PERCS WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. IF YOU HAVE QUESTIONS OR COMPLAINTS REGARDING THE PRODUCT(S) AND/OR SERVICE(S) OBTAINED THROUGH PERCS, YOU MUST CONTACT THE MANUFACTURER DIRECTLY.
PARTICIPANT'S RECEIPT OR REALIZATION OF ANY TANGIBLE OR INTANGIBLE BENEFIT RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN PERCS SHALL NOT WAIVE C SPIRE'S ABILITY TO ENFORCE ANY OF ITS RIGHTS OR PARTICIPANT'S OBLIGATIONS MADE PART OF ANY OTHER AGREEMENTS OR TERMS AND CONDITIONS BETWEEN C SPIRE AND PARTICIPANT.
C SPIRE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF PERCS, CONTENT ON PERCS, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING MERCHANTS, OR FOR ANY CONTENT, GOOD OR SERVICE PROVIDED BY ANY MERCHANT OR THIRD PARTY, IRRESPECTIVE OF WHETHER C SPIRE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY C SPIRE'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. C SPIRE'S LIABILITY IN CONNECTION WITH A GOOD OR SERVICE SHALL NEVER EXCEED THE AMOUNT OF THE GOOD OR SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
Indemnification and Release
Modification of Terms
C Spire reserves the right to amend or modify these PERCS Terms of Service and any modifications to same will be effective from the date of posting of such amendments or modifications on www.cspire.com. These PERCS Terms of Service will continue to apply to you unless terminated by C Spire. C Spire may and reserves the right to terminate your use of PERCS for any reason or no reason in its sole discretion.
Dispute Resolution, Choice of Law and Forum
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 OF SERVICE, OR THE SERVICES PROVIDED, INCLUDING ACCESS, DOWNLOAD AND/OR USE OF 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, ACCESS AND/OR USE OF PERCS OR KNOWN TO YOU AS A RESULT OF YOUR USE OF PERCS. 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. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS' FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS.
These PERCS Terms of Service and your use of PERCS shall be governed by and construed in accordance with the substantive laws of the State of Mississippi, without regard to the principles of conflicts of law thereof.
The section headings in these Terms of Service are used for convenience only and have no legal or contractual effect.
You and C Spire are the only parties to these Terms of Service and the only parties who may seek to enforce them. You may not assign or grant your rights under these Terms of Service or participation in PERCS without our prior, written consent, except as provided herein. We may assign these Terms of Service, or any and all of our rights and interests in PERCS, without prior or subsequent notice to you.
Copyright C Spire Wireless.
Dated: September 2013.