Thanks Again® Rewards Program

Member Terms of Use

Welcome to Thanks Again!

Thanks Again, LLC, a Delaware limited liability company ("Thanks Again"), owns the Thanks Again® trademark, operates the Thanks Again Rewards Program, and owns and operates the www.thanksagain.com website, other websites, and various applications available for download (all elements of the www.thanksagain.com website and related sites and smartphone applications or other applications are collectively referred to in these terms and conditions as the "Site"). We invite people to visit the Site, register for the Thanks Again Rewards Program, and experience the benefits of membership. We value our relationship with our members – we help them earn rewards with a minimum of hassle, and their participation enables us to build our business. To maintain these mutual benefits, we have established these Terms of Use. The associated Privacy Policy, available on the Site, and any other terms or conditions associated with any particular portion of our site, or the terms and conditions associated with an affiliated offer or program are all part of these Terms of Use, and all apply to your participation in the Thanks Again Rewards Program. Carefully read this document and the other elements of the Member Terms of Use before you register, and periodically while you are a member. We may change the Terms of Use from time to time by posting new versions on the Site, and your continued use of the program will be your agreement that any such changes apply to your continued participation. If you have any questions about the Member Terms of Use you may contact us at thanksagain.com/contact. If you do not agree to these Member Terms of Use, terminate your membership immediately, and stop accessing the Site.

BY USING THE THANKS AGAIN SITE, YOU ACCEPT THESE TERMS OF USE. BY DOWNLOADING, INSTALLING, OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE.  SHOULD YOU NOT ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE.  CONTINUED USE OF THE SITE SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS OF USE AND ANY CHANGES TO THEM.

How it Works.

Thanks Again enters into agreements with various businesses ("Merchants") in which the Merchants agree to pay Thanks Again for Thanks Again to provide airline miles, points, and other rewards ("Rewards") to consumers who register credit or debit cards with Thanks Again ("Members") and then use those cards to buy goods or services from the Merchant (subject to restrictions, "Qualified Transactions"). Thanks Again also enters into agreements with airlines and other providers of Rewards (collectively, "Rewards Providers") so that Thanks Again can arrange for the Members to receive Rewards when they make qualifying purchases. Thanks Again enables Merchants to determine the level of Rewards they want to offer Members for Qualified Transactions with that Merchant. Some Merchants offer a given amount of Rewards based on the amount spent on Qualified Transactions with that Merchant. Thanks Again identifies the Qualified Transactions by arranging for credit card transaction data from the Merchant to be processed by a data processor who meets the exacting PCI-DSS standards set by the Payment Card Industry.

How to Participate.

To receive Reward credit, you need to be a member in good standing with one or more of the rewards programs offered by the Rewards Providers, agree to these Terms of Use, register one or more credit or debit cards with the Thanks Again Rewards Program, and then use any registered credit or debit card at a participating Merchant. You may register up to one hundred credit and/or debit cards that have been issued to you. Generally, most credit or debit cards with a logo from a major credit card brand are eligible for participation. However, some credit and/or debit cards issued on behalf of corporations for their employees may not be eligible for participation or earning Rewards. Also, some categories of credit and/or debit cards, including certain affinity cards, gift cards, stored value cards, and pre-paid cards may not be eligible for participation or earning Rewards.

Once you have registered, you can find Merchants with the Merchant locator on our Site and verify the Rewards currently being offered at each location. You may also use the Merchant locator to confirm the types (e.g. MasterCard, Visa, Diner’s Club, American Express, JCB, or Discover) that are eligible for Rewards at a particular Merchant. Not all card types are eligible for Rewards at every Merchant and not all Rewards are offered at every Merchant. Registered cards must be used at Merchants as credit card transactions, not PIN or ATM based transactions, to qualify for rewards. To receive Rewards for online purchases, you must first log into your Thanks Again member account at the Site — and then click on designated online links to participating online Merchants – so that Thanks Again can properly validate your online purchase and credit your account with your earned rewards.

Thanks Again relies on you to keep your Thanks Again Rewards Program registration information updated so that your first and last name and member account number match the registrations of the Rewards Providers’ programs. If you do not keep your registration information updated and matched between your Rewards Provider and Thanks Again Rewards Program registrations, your Rewards credit may not be properly processed.

With certain Merchants, rewards will be provided only up to a specified per transaction limit, even if the transaction amount is greater than the specified limit. You are prohibited from splitting transactions into multiple transactions for the purpose of circumventing this limitation.

Please allow 6-8 weeks for your redeemed Rewards to be posted. In the event that Rewards do not appear on your account with your Reward Provider, contact Thanks Again. Ensure that you retain your original receipts or credit card statements so that Thanks Again can verify that your use of a card was a Qualified Transaction. Correspondence to Thanks Again should include your name and member number, and be sent via email or postal mail to Thanks Again within 120 days of the original transaction. Please do not include full credit or debit card numbers (include the last 4 digits only) in communications with Thanks Again. Requests sent in after the 120-day period or which otherwise do not comply with these requirements will not be considered.

Features of Our Sites.

Our Sites’ features, such as our merchant locator, mobile notifications, surveys, account management, and interaction with social media sites, may use, maintain, or transmit your personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), virtual account information, GPS location information, and information for and from third-party social-media accounts (collectively "User Information").  By acknowledging and agreeing to this Agreement, or by using the Sites, you consent to the transmission of User Information to Thanks Again, LLC, including its agents and third-party partners, and consents to Thanks Again, LLC, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Sites’ functionality and for the purposes disclosed in Thanks Again, LLC’s Privacy Policy as identified in this Agreement.

However, you are solely responsible for the confidentiality and security of User Information sent from or stored on the iOS or Android device by the Sites.  You are also solely responsible for all transactions and activities undertaken by anyone or anything with any account or card registered in your name, whether authorized or unauthorized.

Account Registration via Social Media.

In order to access certain features of the Sites, you must register to create an account and become a Member. You may register to join directly via the Sites or as described in this section.

You may also log into your account using your login credentials established with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Sites, as described below. As part of the functionality of the Sites, you may link your Thanks Again Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Thanks Again through the Sites; or (ii) allowing Thanks Again to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Thanks Again and/or grant Thanks Again access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Thanks Again to pay any fees or making Thanks Again subject to any usage limitations imposed by such third-party service providers. By granting Thanks Again access to any Third-Party Accounts, you understand that Thanks Again will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Sites via your Thanks Again Account and Thanks Again Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Thanks Again Account on the Sites. Please note that if a Third-Party Account or associated service becomes unavailable or Thanks Again's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Sites. You have the ability to disable the connection between your Thanks Again Account and your Third-Party Accounts, at any time, by accessing the "Member Profile" and/or "Settings" section of the Sites and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Thanks Again makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Thanks Again is not responsible for any SNS Content.

Your Thanks Again Account and your Thanks Again Account profile page will be created for your use of the Sites based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Thanks Again Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Thanks Again reserves the right to suspend or terminate your Thanks Again Account and your access to the Sites if you create more than one (1) Thanks Again Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Thanks Again Account, whether or not you have authorized such activities or actions. You will immediately notify Thanks Again of any unauthorized use of your Thanks Again Account.

Special Offers.

As a Member of the Thanks Again Rewards Program, you may also elect to enroll in the Thanks Again Marketplace application or receive notifications via your existing enrollment in the Site, where special offers will be delivered to your mobile device or via email or SMS text message.  Thanks Again Offers(SM) are valid in the United States and Puerto Rico only at participating Merchants. Offers are good for one time use only. The fulfillment of any discounts, specials, or offers of free products or services are solely the responsibility of the Merchant. No adjustments will be made on previous purchases. Offers are not valid for cash or cash equivalent. Offers cannot be combined with employee discounts, or other offers and discounts

Be Yourself.

In registering or using the Sites, you are affirming that you are an individual person (not acting as another legal entity), are at least 18 years old, and have authority to enter into legally binding obligations. The information you provide in registering your credit and debit cards, as well as identifying the member numbers for the frequent flyer and other rewards programs you participate in must be accurate. If it is not, we reserve the right not to post your Rewards, cancel your membership, and also to rescind your Rewards. Similarly, if you take any action intended to cause you to be provided with more Rewards or other credits than you are entitled to under the normal operation, letter and spirit of the Thanks Again Rewards Program, we may rescind your Rewards or seek monetary and other legal remedies against you.

Your Obligations.

As a condition of your participation in the Thanks Again Rewards Program or use of our Sites, you agree that you meet the criteria set forth above, and that:

-you will create only one account, and will only use it for yourself personally (not for any business);
-you will not engage in any transactions intended to be Qualified Transactions with the intention of returning the goods, rescinding the sale or otherwise failing to pay the full original transaction price to the Merchant, directly or indirectly (Thanks Again may rescind any Rewards granted pursuant to a Qualified Transaction if the goods are later returned, or the transaction is otherwise rescinded or reduced);
-you will safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

-you will not do any of the following:

Intentionally submit any purposely inaccurate information, commit fraud or falsify information;

Access, or attempt to access data not intended for you, such as logging into a server or an account which you are not authorized to access;

Scan or test, or attempt to scan, or test the security or configuration of the Site or to breach, or attempt to breach, the security or authentication measures of the Site;

Tamper or interfere with the proper functioning of any part, page, link, area or function of the Site or associated functions;

Attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus or other malware to the Site, or attempt to overload, "flood", "spam", "mail bomb" or "crash" the Site;

Use the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Thanks Again, any Merchant, or any Reward Provider;

Resell or repurpose your access to the Site or any Rewards from the Thanks Again Rewards Program;

Use the Site or any of its resources to solicit Members, Merchants, Rewards Providers or other business partners of Thanks Again to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Thanks Again, including without limitation, aggregating current or previously offered deals;

Access, monitor or copy any content or information from the Site using any robot, spider, scraper or other automated means or any manual process for any purpose;

Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;

Take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our Site infrastructure (as determined in our sole discretion);

Deep-link to any portion of the Site, or hyperlink to the Site without our prior written consent;

Act illegally or maliciously against the business interests or reputation of Thanks Again, the Thanks Again Rewards Program, our Merchants or our Rewards Providers.

Whether or not in violation of any of the above specific prohibitions, to the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other Member from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies, including monetary damages and injunctions.
 

Distinctions between Merchants, Thanks Again and the Rewards Providers.

Merchants are not necessarily affiliated with Rewards Providers, and neither is endorsing the other by participating in the Thanks Again Rewards Program.

Thanks Again selects Merchants based in part upon Thanks Again’s belief that the Merchants consistently provide first class products and service. However, Thanks Again does not guarantee any Merchant’s performance or provide any guarantees, warranties or representations in respect of the goods or services you purchase to generate Qualified Transactions or otherwise.

Thanks Again is not responsible for the programs offered by the airlines or other Rewards Providers. Once Thanks Again purchases Rewards for you from the Rewards Providers, the Rewards are subject to the terms and conditions of the Rewards Providers. While Thanks Again provides the Rewards Providers with accrual information regarding Rewards earned by you under the Thanks Again Rewards Program, the Rewards Providers do not control or guarantee the Thanks Again Rewards Program or that Thanks Again will properly process or compute the number of earned Rewards under the Thanks Again Rewards Program.

If you have a problem with one or more products or services provided by a Merchant, please contact the Merchant directly. Please direct any questions about a Rewards Provider’s program to that Rewards Provider. If you believe that a Merchant or Rewards Provider does not provide first class products or services, please contact Thanks Again so that we may re-evaluate their participation in the Thanks Again Rewards Program.

Thanks Again does not have any authority to change the Rewards Programs’ terms and conditions. These terms and conditions do not govern the benefits, if any, associated with the Rewards Providers’ miles or other reward credits.

Data Receipt Requirements.

Thanks Again relies upon data feeds from the Merchants and certain credit card transaction processing companies for data on Qualified Transactions and payment from the Merchants. Thanks Again may also rely upon credit card transaction processing companies for data obtained directly from the bank associations (e.g., Visa or MasterCard) with regard to Qualified Transactions. Thanks Again will take commercially reasonable steps to ensure that data feeds and payment with regard to Qualified Transactions are obtained. However, Thanks Again will not be obligated to purchase Rewards credits with regard to any Qualified Transactions for which Thanks Again does not receive complete and accurate data and payment from the Merchants, regardless of the reason.

Data Processing Errors.

Thanks Again uses the services of one or more data processing companies to compute the Rewards credits for each Qualified Transaction. Thanks Again will use commercially reasonable efforts to ensure that the data processing companies provide complete and accurate computations. However, in the event of errors or omissions, either in the processing or the transmission of the data, and if correction of the error involves extraordinary amounts of either payments, expenses or effort, Thanks Again reserves the right to correct the problem without sorting out or adjusting for historical inaccuracies. However, in the event that such errors caused undue amounts of Rewards credits to be awarded, Thanks Again may adjust the transaction with the Rewards Providers’ programs or deduct the amount of the error from future Rewards credit computations.

Merchant Compliance.

The agreement that Thanks Again enters into with each Merchant requires the Merchant to notify Thanks Again in advance of the Merchant ending its participation in the Thanks Again Rewards Program. Thanks Again will make reasonable commercial efforts to remove any such Merchant from the listing of Merchants on the Site. The agreement between Thanks Again and each Merchant also prohibits the Merchant from using Thanks Again’s marks and logos or to otherwise indicate that they are not participating in the Thanks Again Rewards Program. Thanks Again will also take commercially reasonable steps to ensure that no unauthorized persons or entities are displaying our logos or otherwise indicating that they are participants in the Thanks Again Rewards Program. However, Thanks Again does not guarantee that every person or entity displaying our logos or that is listed on the Site is then currently a member of the Thanks Again Rewards Program, or that they will pay Thanks Again for Qualified Transactions, and Thanks Again will not pay for Rewards unless data and payment are actually received from the Merchants. Please e-mail or write us if you believe there were Qualified Transactions for which you did not receive credit so that we may keep our listings up to date and prevent unauthorized use of the Thanks Again Rewards Program logos. Additionally, Thanks Again does not guarantee that any Merchant will accept any particular registered card.

Program Participation Exclusivity.

Thanks Again, or its affiliates or business partners, may operate other reward programs in which Merchants participate, such as reward programs for additional airlines or reward providers. You are not allowed to register the same card with more than one such program. In the event that a single card becomes so registered, Thanks Again will be entitled to deny, revoke, or deduct from later credits any Reward credits earned under the Thanks Again Rewards Program on a card that is registered on more than one program.

Site Use Terms.

All information provided on the Site is subject to change without notice. While efforts have been made to make the Site helpful and accurate, due to the open nature of the Site, and the potential for errors in the storage and transmission of digital information, Thanks Again does not warrant the accuracy of the information on the Site. Thanks Again does not provide any warranty regarding virus-free use of Site or use of any third party software, files, data or images downloaded from the Site. Due to the frequent emergence of new viruses, procedures and precautions taken by Thanks Again still cannot ensure safety at all times. Therefore, you should follow standard practices for ensuring safety of your computer(s) and data, including but not limited to, installing the latest virus detection software on your computer(s) and configuring it to trap viruses at download time. The Site may contain links to third party websites, services and resources. Thanks Again does not control the availability and content of these third party sites. The existence of a link to a third party site does not constitute an endorsement or recommendation by Thanks Again of the third party or the third party’s site. While Thanks Again is proud to provide the Site, you must receive Thanks Again’s prior written permission before creating a link to the Site. Please contact us to request to link to the Site or to use Thanks Again’s trademarks. Any unauthorized links to, or false or misleading uses of, the Site or Thanks Again’s trademarks or service marks is prohibited. You are also prohibited from posting or transmitting through the Site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or is otherwise objectionable, or that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Any conduct by you that, in Thanks Again’s sole discretion, restricts or inhibits any other member from enjoying the Site, will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of members of Thanks Again Rewards Program to become users, members or customers of other services. You may not use the Thanks Again Rewards Program or the Site to sell a product or service or to increase traffic to your websites, applications or those of a third party for commercial or other reasons.

Use of Your Information.

Thanks Again will use the information you provide to us through the Site (whether upon registration or otherwise), including your name, address, e-mail address, telephone number, any other contact information and your credit card information (collectively, your "Personal Information") to administer the Site and the Thanks Again Rewards Program. Thanks Again will not sell or otherwise deliberately provide your Personal Information to anyone unrelated to Thanks Again for the purpose of soliciting you for products or services unrelated to the Thanks Again Rewards Program, except as allowed by you pursuant to your agreement to "opt-in" options on the member enrollment Site or otherwise. In administering the Rewards Program, Thanks Again will share your Personal Information with the Merchants and Rewards Providers and data processing companies. The privacy policy of each Merchant and Rewards Provider will apply to your Personal Information while it is in the possession of a Merchant or Rewards Provider, and such policies are located on their respective websites. If you would like to review the privacy policies of the data processing companies that Thanks Again does or may work with, please contact Thanks Again.

Except where not allowed by local laws, Thanks Again may store and process your Personal Information in jurisdictions outside of your home country (e.g., Canada), including the United States.  These other jurisdictions may not provide protections for your Personal Information that are the same or similar to privacy laws in force in your home country.

If Member is located in the province of Quebec, Canada, the following clause applies:

The parties hereby confirm that they have requested that this Member Terms of Use and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.

Ownership of Intellectual Property.

Unless otherwise expressly noted, all materials that are part of the Thanks Again Rewards Program, including, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials and the Site are protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to Thanks Again.

The Rewards Providers’ logos and marks are registered trademarks of the respective Rewards Providers, used by Thanks Again with permission, and Thanks Again cannot and does not grant any right for participants or Site visitors to use these marks.

"Thanks Again" is a service mark owned by Thanks Again and Thanks Again does not grant any right for participants or Site visitors to use the mark. All rights in the intellectual property that is part of or contained in the Thanks Again Rewards Program including copyright, trademarks, trade secret and patent rights are reserved. You covenant that you will take no action to register or otherwise interfere with or challenge such intellectual property rights. Thanks Again hereby authorizes you to make a single printed copy of the Site for your use in learning about, evaluating, or participating in the Thanks Again Rewards Program. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the information. You may not use any robot, spider or other automatic device, nor may you use any manual process, to monitor materials available through the Site.

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.

Thanks Again reserves the right to terminate its agreement if you infringe any third-party copyrights.

If you believe that any material has been posted via the Site by us or any user constitutes copyright infringement, you shall provide Thanks Again with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;

(b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work;

(c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;

(d) your name and contact information, including telephone number and e-mail address; and

(e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Thanks Again’s DMCA Agent for notice of claims of copyright infringement is:

Thanks Again, LLC Attn: Copyright Agent, 1015 Tyrone Road, Suite 820, Tyrone, GA 30290, USA

Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THANKS AGAIN SITES IS AT YOUR SOLE RISK. NEITHER THANKS AGAIN, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO:

THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, OR

THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITES.

THE SITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THANKS AGAIN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

IN NO EVENT SHALL THANKS AGAIN OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES, THE CONTENT CONTAINED THEREIN OR THESE TERMS OF USE. IN NO EVENT WILL THANKS AGAIN’S LIABILITY TO YOU IN CONNECTION YOU’RE YOUR USE OF THE THANKS AGAIN REWARDS PROGRAM OR REWARDS RECEIVED OR CLAIMED BY YOU EXCEED THE AMOUNT RECEIVED FROM MERCHANTS WITH REGARD TO THE RELEVANT QUALIFIED TRANSACTIONS, AND IN ANY EVENT OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY MERCHANTS WITH REGARD TO QUALIFIED TRANSACTIONS ASSOCIATED WITH YOUR PROPERLY REGISTERED CARDS DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED UNITED STATES DOLLARS, WHICHEVER IS LESS.

Taxes

You are responsible for any tax consequences resulting from your receipt of reward credits. Thanks Again reserves the right to report such Reward credits to the relevant tax authorities.

Dispute Resolution.

Any claim, dispute or controversy arising out of or relating to the Thanks Again Rewards Program (collectively, the "Claim"), will be referred to and determined by binding arbitration (to the exclusion of the courts).  If allowable in your jurisdiction, you agree to waive any rights you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceeding against us.

If you have a Claim, you must give written notice to Thanks Again of your intention to arbitrate. If Thanks Again has a Claim, Thanks Again will give you notice to arbitrate at your email or street address which you provided to us. Arbitration of claims will be conducted in Atlanta, Georgia in such forum and pursuant to such rules as Thanks Again and you agree upon, and, failing agreement, will be conducted by one arbitrator pursuant to the laws and/or rules relating to commercial arbitration in the State of Georgia that are in effect on the date of the notice to arbitrate. This agreement is governed and shall be construed in accordance with the laws of the State of Georgia, without regard to the choice of law provisions, and you and Thanks Again hereby submit to the exclusive jurisdiction of the courts of the State of Georgia.

Contacting Thanks Again.

Thanks Again may be contacted at the following address:

Thanks Again, LLC
1015 Tyrone Road, Suite 820
Tyrone, GA 30290, USA

This document was last updated on May 5, 2016.