Member Terms & Conditions
Last Updated: November 18, 2022
These Member Terms and Conditions (“Terms”) apply when you sign up for the Enroll & Pay loyalty rewards programs (each a “Program”) that we offer on behalf of our Merchants, use of our website located at enrollandpay.com, or otherwise use our other online products and services (collectively, “Services”) provided by Payment Integrations, Inc., doing business as Enroll & Pay, and its affiliates (altogether “Enroll & Pay” or “we”) to an individual (“you” or “your”).
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16 WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at [email protected], or 1-866-942-5500.
You must be at least 18 years of age to use our Services and participate in the Program. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.In addition, to become a member of and participate in our Program you must enroll in the Program by registering a valid Visa®, MasterCard®, American Express® or Discover® payment card with us (“Registered Card”) during time of purchase via mobile device or terminal presented to you by a participating merchant (“Merchant”). You are responsible for registering a new payment card with us if your Registered Card is no longer valid.
- User Accounts and Account Security
You may need to create an account to access some or all of our Services. If you create an account, you must provide accurate account information and promptly update this information if it changes, including whether your associated mobile number or name changes. Failure to keep your account information up to date may result in an inability to earn, access or use your Rewards (defined below). You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for your account and all activities that occur through the use of your credentials. Each participating Merchant operates the Rewards program we offer on its behalf, and you agree to the respective Merchant’s Reward Program Description when you participate in those programs. The Enroll & Pay account you create will be used to access and participate in all Merchant’s Rewards program that participate in the Enroll & Pay Program. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
- Program Rewards
Upon successful enrollment in the Program, when you make a purchase using a Registered Card at a Merchant you are eligible to earn cash and/or points credits (collectively, “Rewards”) on your Registered Card as determined by that Merchant. Merchants offer and determine all aspects of how Rewards are awarded, redeemed, and administered, including establishing designated minimum Reward thresholds that must be met by Members in order to receive redeemable Rewards. Reward thresholds, as well as information about the type, amount and limits on applicable Rewards are posted on each Merchant’s website and/or storefront (“Reward Program Descriptions”). You are solely responsible for reviewing Reward Program Descriptions prior to making any purchase at a Merchant, as these details may change from time to time and may affect the Rewards you are eligible to receive. Enroll & Pay does not offer Rewards and is not responsible for Rewards.Reward Limitations. Rewards are available for purchases at merchants only if the business is a Merchant participating in the Program on the date of the purchase. You will not receive Rewards for a purchase if the applicable Merchant indicates that no Rewards are being offered or given for the type of purchase you made. The Rewards that you earn may vary depending on a variety of factors, such as, but not limited to, holidays or special events, and your level of activity within the Program. You are responsible for any tax consequences resulting from your receipt or use of Rewards under the Program. We may report Rewards provided to you to relevant tax authorities if requested by such authorities.We reserve the right to require you to provide the receipt from the Merchant for a purchase that displays the last four (4) digits of your Registered Card in order to receive your Reward for such purchase.
- User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content”). Examples of User Content include reviews, ratings and other public-facing comments. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Enroll & Pay.You grant Enroll & Pay and its affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
- Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: (a) engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) use or attempt to use another user’s account without authorization from that user; (c) sell, resell or commercially use our Services; (d) copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; (e) modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; (f) use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services; (g) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; (h) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; (i) develop or use any applications that interact with our Services without our prior written consent; (j) bypass or ignore instructions contained in our robots.txt file; or (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that: (a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law; (c) ay infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; (e) impersonates, or misrepresents your affiliation with, any person or entity; (f) contains any unsolicited promotions, political campaigning, advertising or solicitations; (g) contains any private or personal information of a third party without such third party’s consent; (h) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or (i) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Enroll & Pay or others to any harm or liability of any type.Enforcement of this Section 6 is solely at Enroll & Pay’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
- Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Enroll & Pay or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Enroll & Pay, Enroll & Pay Rewards, Community Cash Back® and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Enroll & Pay and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Enroll & Pay or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Enroll& Pay’s sole discretion. You understand that Enroll & Pay may treat Feedback as nonconfidential.
- Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Enroll & Pay does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Enroll & Pay and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Enroll & Pay Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Enroll & Pay Parties of any third-party Claims, cooperate with the Enroll & Pay Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Enroll & Pay Parties will have control of the defense or settlement, at Enroll & Pay’s sole option, of any third-party Claims.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Enroll & Pay does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Enroll & Pay attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
- Limitation of Liability
To the fullest extent permitted by applicable law, Enroll & Pay and the other Enroll & Pay Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Enroll & Pay or the other Enroll & Pay Parties have been advised of the possibility of such damages.The total liability of Enroll & Pay and the other Enroll & Pay Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $10.00.The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Enroll & Pay or the other Enroll & Pay Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Enroll & Pay and the other Enroll & Pay Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Transfer and Processing Data
For us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
- Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Enroll & Pay and limits the way you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.No Representative Actions. You and Enroll & Pay agree that any dispute arising out of or related to these Terms or our Services is personal to you and Enroll & Pay and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.Arbitration of Disputes. Except for small claims disputes in which you or Enroll & Pay seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Enroll & Pay seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Enroll & Pay waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Enroll & Pay or relating in any way to the Services, you agree to first contact Enroll & Pay and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Enroll & Pay by email at Payment Integrations, Inc., 512 Via De La Valle, #301 Solana Beach, CA 92075, ATTN: Chief Compliance Officer or by certified mail addressed to Payment Integrations, Inc., 512 Via De La Valle, #301 Solana Beach, CA 92075, ATTN: Chief Compliance Officer. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Enroll & Pay cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Diego, California, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.You and Enroll & Pay agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Enroll & Pay, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Enroll & Pay agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Enroll & Pay will pay the remaining JAMS fees and costs. For any arbitration initiated by Enroll & Pay, Enroll & Pay will pay all JAMS fees and costs. You and Enroll & Pay agree that the state or federal courts of the State of California and the United States sitting in the County of San Diego, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Enroll & Pay will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending written notice to Payment Integrations, Inc., 512 Via De La Valle, #301 Solana Beach, CA 92075; ATTN: Chief Compliance Officer. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief can be sought out of arbitration, and the remainder of this Section 16 will be enforceable.
- Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in the County of San Diego, California.
- Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Enroll & Pay to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically, including via text message to your mobile phone number registered with your account. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.