PROGRAM TERMS & CONDITIONS
This agreement (“Agreement”) is made between WayBeyond Rewards, a Delaware limited liability company with offices at 1001 Elm Street, Suite 202, Manchester, NH 03101 and the purchaser of the WayBeyond Rewards member benefits package (referred to herein as “you”). By enrolling in WayBeyond Rewards, you agree to be bound by the terms of this Agreement.
2. Terms and Conditions.
You must be a United States resident, at least eighteen (18) years of age or older to register for, join, or use the Membership.
2.1 Fees. WayBeyond Rewards offers various tiers of membership packages, each of which is priced at a different dollar amount and each of which provides various lifestyle benefits (the “Membership”). The price that corresponds to your selected package is your Membership Fee. For your convenience, your Membership Fee shall be automatically billed to the credit card debit card on file on or around the monthly anniversary of your join date. Your Membership will become active at the time of joining and you will be eligible to access your benefits upon logging into your WayBeyond Rewards account. Payments will appear on your bank statement as WayBeyond Rewards. WayBeyond Rewards reserves the right to change the price of the Membership at any time. Your bank may participate in a program that automatically updates the credit card or debit card you have on file with WayBeyond Rewards. If your bank participates, these services will automatically update your card number or expiration date in our system when it changes. If you don’t want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank.
2.2 Renewals. Unless you notify WayBeyond Rewards that you do not wish to renew your Membership or otherwise cancel, WayBeyond Rewards will automatically renew your Membership on or around the anniversary of your join date and will bill the then-current Membership Fee to the credit card or debit card on file for you. You will be notified of any price increase and may cancel your Membership if you do not want to continue to be billed at the new price.
2.3 Cancellation/ Refunds. You may cancel your Membership at any time by calling WayBeyond Rewards at 1-866-319-9291, by emailing email@example.com, or, when applicable, by cancelling on our website or in your MyAccount online portal. Unless you notify us that you wish to cancel your Membership, your Membership payment will continue to automatically process on or around the monthly anniversary of your join date. Because your Membership Fee gives you access to Membership benefits for approximately thirty (30) days from your join date, no refunds will be issued except in the event that you joined WayBeyond Rewards through a promotional campaign where the fact of refund is communicated to you at the time of sign up. Notwithstanding the foregoing sentence, in the event that you cancel in the middle of an approximate thirty (30) day period, you will have access to Membership benefits for the remainder of that thirty (30) day period.
2.4 SenseCare Add-on. If you have enrolled in the SenseCare add-on priced at five dollars ($5.00) and you cancel your Membership within the first sixty (60) days of sign-up, you will receive a five dollar ($5.00) refund of the cost of the SenseCare add-on. After the first sixty (60) days, SenseCare enrollees will not be entitled to a refund.
2.5 Use Limitations. You agree that you will use the Membership only for your own behalf. You will be responsible for all use of your Membership account and must notify WayBeyond Rewards immediately of any unauthorized use of your Membership account. Merchandise purchased through WayBeyond Rewards may not be used for resale.
2.6 Third-Party Services. Some services and goods may be made available subject to separate terms and conditions that you must agree to in order to use the services as offered through a third-party provider. Health, financial, and legal discount programs may specifically require you to agree to separate terms in order to participate. WayBeyond Rewards retains no liability for and makes no representations or warranties as to the effectiveness of these third-party services. WayBeyond Rewards shall not be deemed a merchant, vendor, or supplier of any product or service provided to you by a third party.
3. Changes to Membership Program and these Terms and Conditions.
WayBeyond Rewards may, in its sole discretion, change any provision of these Terms and Conditions contained in this Agreement, including, without limitation, Membership benefits and fees, at any time and without liability. WayBeyond Rewards shall make reasonable attempts to notify you of any changes to these Terms and Conditions prior to the date the new terms go into effect. WayBeyond Rewards may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on its website. After a change in these Terms and Conditions, you indicate your acceptance by paying your next month’s Membership Fee. If you do not agree to any changes, except those proscribed by applicable law, you may stop using your Membership benefits, and you may cancel your Membership, subject to the cancelation terms above. Any fees outstanding at such time will remain due and payable. Any such changes will not apply to any dispute between WayBeyond Rewards and you arising prior to the date on which WayBeyond Rewards posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes. You may view the current version of the Terms and Conditions at any time on our website.
4. Consent to Electronic Communications.
By registering, joining or using WayBeyond Rewards, you consent to WayBeyond Rewards sending you electronic communications about your Membership.
4.1 Categories of Communications. You consent to receive communications relating to your Membership in electronic format. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your Membership, including these Terms and Conditions; (ii) any disclosures required by federal, state, provincial, territorial or local law; (iii) any letters, notices, or alerts regarding your Membership, including, but not limited to, notices regarding expiration, renewal and changes to your Membership, and (iv) any other disclosures, notices, or communications in connection with the application for, opening of, and maintenance of your Membership. Such electronic communications may include your name and certain information about your Membership Account.
4.2 How to Withdraw Your Consent. You may not apply online for a Membership account, and you may not register your Membership account for online services (including electronic statements or mobile alerts), unless you also provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive in order to completely withdraw your consent to receive electronic communications. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process such withdrawal request.
4.3 Updating Your Records. You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information through your online account or by calling us at (866) 319-9291, Monday through Friday, 9:00a.m. to 5:00p.m EST, excluding bank holidays.
4.4 Communications in Writing. All communications in either electronic or paper form from WayBeyond Rewards to you will be considered to be in writing. You should print or download a copy of these Terms and Conditions and any other electronic communication that is important to you for your records.
4.5 Electronic Signatures. You acknowledge that by clicking on the "Join Now" or similar button provided in connection with these Terms and Conditions, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.
4.6 United States Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.
4.7 Accuracy of Information. WayBeyond Rewards expects you to submit and maintain accurate and current information in connection with your Membership account. Such information includes name, address, email address and phone number. You can update your profile through the online account or calling us at (866) 319-9291. We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.
4.8 Marketing & E-Mail Communication. Unless you expressly opt-out, by joining WayBeyond Rewards, you, to the extent permitted by applicable law, automatically subscribe to WayBeyond Rewards’ marketing and e-mail materials and will receive, and agree to receive, promotional mail and emails from WayBeyond Rewards. Unsubscribing from WayBeyond Rewards marketing and/or email materials will not discontinue your Membership account. If you do not wish to receive future marketing and/or email materials, you can request that they be discontinued by updating your profile online or by calling us at (866) 319-9291. We will seek to implement your request within a reasonable time. Please note that Members who unsubscribe from WayBeyond Rewards marketing and/or email materials will continue to receive non-marketing emails, postal mail and other communications from WayBeyond Rewards relating to the Membership.
5. DISCLAIMERS; LIMITATION OF LIABILITY.
WAYBEYOND REWARDS AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS, PROVIDED TO YOU THROUGH THE MEMBERSHIP. NEITHER WAYBEYOND REWARDS NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THE MEMBERSHIP, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MEMBERSHIP NOR ANY OF ITS AFFILIATES WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR OTHER VENDORS. NEITHER WAYBEYOND REWARDS NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE OR ATTEMPTED USE OF SUCH SERVICES. IN NO EVENT SHALL WAYBEYOND REWARDS’ AND ITS AFFILIATES' AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF THE MONTHLY MEMBERSHIP FEES PAID BY YOU TO WAYBEYOND REWARDS. WAYBEYOND REWARDS AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE BEYOND THEIR CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES. All vendors operate independently of, and are not under the control of, WayBeyond Rewards in any way. WayBeyond Rewards may provide an index page or other description on the Membership’s website of certain affiliated merchant's terms which is for convenience only. Neither WayBeyond Rewards nor any of its affiliates is responsible for changes to, or discontinuance of, any special offer or coupon code. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed or are not listed on the affiliated merchant's landing page, we cannot guarantee that you will be eligible to receive a discount and/or cash back on your purchases. You understand that neither WayBeyond Rewards nor any of its affiliates operate or control the products or services offered by third parties, promotional partners or participating affiliated merchants or other vendors. Third-party web sites and online merchants accessed through the Membership are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. All rules, policies (including privacy policies) and operating procedures of those vendors will apply to you while you are using those vendors' web sites or local store locations. No reference to a third party product or service indicates an endorsement by WayBeyond Rewards. You agree that any claim with regard to services or products shall be made against the vendor of such services or products, as applicable, and not WayBeyond Rewards. Any information provided by WayBeyond Rewards to you is subject to change without notice. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
We may terminate or decline to renew your Membership at our reasonable discretion, including if we suspect that you have breached any provision of these Terms and Conditions, and as otherwise provided herein. No failure to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any provision hereof or any of our rights.
7. Governing Law: Arbitration.
Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of New Hampshire without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WAYBEYOND REWARDS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WAYBEYOND REWARDS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased.
8. Intellectual Property.
As between you and WayBeyond Rewards, all Membership materials, including, but not limited to, all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of WayBeyond Rewards, and is protected by United States and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the WayBeyond Rewards materials, you are granted permission solely to electronically copy and print portions of the WayBeyond Rewards materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any WayBeyond Rewards materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of WayBeyond Rewards is strictly prohibited.
10. Membership Program Benefits.
Your Membership benefits are subject to change at any time without notice. The information provided below is for informational purposes only and does not necessarily represent the benefits included in your Membership package.
10.1 Savings for Dining, Shopping, Grocery, Entertainment. Your Membership provides savings in the form of rebates and coupons with merchants nationwide and at some of your favorite restaurants and the retailers. You can choose from categories such as Automotive, Dining, Shopping, Health & Beauty, Home & Garden, Movies, Recreation and more.
10.2 Access to a Low APR Open-End Line of Credit. Your Membership gives you access to apply for a 5.99% APR open-end line of credit underwritten and serviced by our lending partner.
10.3 Rebates. As part of your Membership, you have access to gas, grocery, and event rebates.
10.4 Roadside Assistance. If you have a flat tire, dead battery, are locked out of your car, or otherwise need roadside assistance, your Membership provides you with services to help you locate assistance nearby.
10.5 Identity Theft Protection. Membership gives you access to a fraud specialist who will act as a personal advocate in a wide range of identity-compromising situations.
10.6 Hotel Discounts. Your Membership provides you access to discounts on published lodging rates at participating hotels from a variety of national hotel properties.
10.7 Rental Car Discounts. Save money when renting a car. Your savings will vary depending on the rental car company and the type of car rented.
10.8 Prescriptions. You can choose from a network of participating retail pharmacies, save on prescription drugs, and have select medications delivered to your home or you can schedule pick up at a local retail pharmacy.
10.9 Senior Citizen Concierge Services. Your Membership includes concierge and home assistance for seniors by providing coordination for delivery of groceries, supplies, restaurant referrals and reservations, event ticketing, door-to-door prescription services, local activity recommendations, and special event reminders.
10.10 Legal and Financial Assistance. Your Membership provides you and your eligible family members with affordable legal and financial counseling services from attorneys and financial professionals in your area when needs arise. *Note that you may have to agree to separate terms and conditions when using these services as part of your Membership.
The above are examples of membership benefits and may not be included in your selected Membership. Membership benefits are subject to change without notice.
11. Payment Authorization.
By executing this Agreement and electing Credit/ Debit Card payment, you authorize us to initiate recurring charges to the Credit/ Debit Card provided for all scheduled monthly Membership payments as they may become due. Your payment will be due on or around your monthly anniversary or on or around your selected payment date for future payments. Any authorization for payment that has been made and that you have not withdrawn in a timely fashion will be final.
11.1 Additional Attempts. In the event that you have not cancelled your Membership but you fail to make your scheduled payment, we will attempt to contact you by any means including without limitation email, phone, and SMS text message (if authorized). We reserve the right to make reasonable attempts to collect the failed payment. In no event will we attempt to collect the failed payment more than two (2) weeks past the original scheduled payment due date, unless otherwise contacted by you.
11.2 Recurring Payment Notification. By executing this Agreement and submitting payment, you acknowledge your intent to purchase the Membership benefits for a thirty (30) day period. You further acknowledge that your Membership will be billed on or around your sign-up anniversary each month. These payments will recur each month until you cancel your Membership.
11.3 Cancellation/ Withdrawal. You may withdraw your recurring Credit/ Debit Card Payment Authorization by providing notice to us at least three (3) business days (Monday through Friday, bank holidays excluded) before the scheduled date of the payment.
11.4 OUR LIABILITY. IF WE FAIL TO HONOR YOUR CREDIT/ DEBIT CARD PAYMENT AUTHORIZATION CANCELLATION, WE MAY BE LIABLE TO YOU FOR ANY CHARGES IMPOSED BY YOUR FINANCIAL INSTITUTION PROXIMATELY CAUSED BY OUR FAILURE, PROVIDED WE RECEIVE PROPER NOTIFICATION OF YOUR AUTHORIZATION WITHDRAWAL. WE RESERVE THE RIGHT TO REQUEST PROOF OF SUCH CHARGES AS APPLICABLE.
11.5 Unauthorized Credit/ Debit Card Payment. If you believe that an unauthorized credit/ debit card charge was made with regards to your Account, please notify us immediately at WayBeyond Rewards, 1001 Elm Street, Suite 202, Manchester, NH 03101, firstname.lastname@example.org or (866) 319-9291. Our customer service representatives are available to assist you Monday through Friday from 8:30AM to 5:00PM EST, bank holidays excluded.