Acknowledgment & Acceptance
Patrons ("Members") are any individual who acquires and activates a CMS card or card-less account and uses it at merchants subscribed to the CMS ("Merchants"). Patrons must activate their account over the CMS website, through a merchant website interfaced with the CMS system, or by phone in order to redeem any rewards earned or preloaded at participating Merchants. Patrons may earn rewards by taking advantage of reward earning opportunities at select participating Merchants by presenting their card or mobile phone number at checkout for qualifying purchases.
Access to Personally Identifiable Information ("PII")
PII refers to any information that can be used to identify you as an individual in any way. Enrollment in the loyalty program is contingent upon you agreeing to this Agreement and providing basic registration information (e.g., first and last name, email address, zip code) that is non-financially sensitive.
Administrative Message Communication
CMS uses your information to send Patrons periodic messages from time to time. Such messages most often include an automated thank-you note email sent the day after a Member patronizes a Merchant detailing rewards earned and outstanding balances. Less frequent messages may include: system updates and administrative announcements ("Administrative Messages") and periodic promotional announcements that merchants whom you already patronize feel would be of value to you (“Promotional Messages”) sent via email. Members can elect to stop receiving email directly from CMS by clicking the Unsubscribe link located at the bottom of the email or by logging into their account online and updating privacy preferences in the Update Profile section.
Merchant Subscriber List Communication
In addition to automated thank-you note emails, birthday/anniversary emails and other administrative and Promotional Messages sent to Members directly from CMS on the participating Merchant’s behalf, we provide access to your PII to only those Merchant(s) whom you patronize by allowing your card (or mobile number) to be swiped/entered at checkout to complete a sales transaction. Merchants may use this information to send you information about offers and services they feel would be of interest to you. You can elect to stop receiving email and/or text messages directly from participating Merchants by unsubscribing to messages received directly from the communicating Merchant.
Other than Merchant(s) whom you patronize, we do not provide your PII to anyone and we do not rent or sell your PII. You will NOT be contacted by outside third parties without your permission as a result of your participation in the CMS Program or as a result of any direct or indirect action by CMS. Furthermore, Merchants subscribing to the loyalty program are contractually bound to observe strict anti-spam policies established by both CMS and authorized sub-contractors engaged for the delivery of services. Failure to comply with these anti-spam policies may result in immediate termination of the Merchant’s subscription and permanent archiving of membership data that will no longer be accessible by the Merchant.
CMS may keep PII indefinitely, however, upon cancellation of your loyalty program account, all PII for your account will be purged from our records. CMS will provide convenient access to the PII provided by you during enrollment in the CMS Program for your review and correction. You can access your CMS account and update any personal profile information and opt-in preferences through the Member Login area at www.cmsloyalty.com.
Mobile Terms of Service
We have a strict policy on unsolicited email and text messages. Because email and text communications are an integral part of the CMS Program, by activating your CMS account, you’ll be eligible to receive email and/or texts directly from only those Merchants in the CMS network that you patronize. A Merchant that you patronize is a Merchant that you visit and give your CMS card or mobile number to enter through its terminal at the Point of Sale for recording a sales transaction. If you later decide you wish to cease receiving communications from either CMS or specific participating Merchant(s) that you patronize, you may do so at any time by following the opt-out instructions contained in the email or text communication, or by updating your opt-in preferences online while signed into your account through the CMS Website. Please note that opting not to receive promotional email or texts from Merchant(s) that you patronize does not exempt you from receiving Administrative Messages directly from CMS that include, but are not limited to, notices about vital program and membership status changes or alterations to our Terms of Service or Mobile Terms of Service.
Terms of Participation
CMS membership and its right to use the CMS Program is limited to one individual per CMS account (unique member).
Member agrees to provide only true and accurate information when completing the Loyal Patron registration form or updating personal information online at all times.
Member agrees to promptly notify CMS of any change in Member's address (mail or email) or personal profile by updating his or her personal information at the Update Account Info section of the Member Login area of the CMS Website.
Gift value loaded on Member’s account represents prepayment for goods or services. Federal law provides that money on store-issued gift cards cannot expire before 5 years from the date of purchase or when money was last loaded onto the card.
Participating Merchants reserve the right to limit the redemption of specific rewards and limit the number of reward earning opportunities within their facilities according to the respective Merchant’s program policies. These policies may be different on a merchant-by-merchant basis. CMS reserves the right to cancel or disable or expire unredeemed rewards value in accounts in accordance with the issuing Merchant’s wishes.
Value will be subtracted from Member's account once the value is redeemed and will not be reinstated to Member’s account. Value loaded on Member’s account may not be replaced if lost, stolen or used without Member’s permission. No currency or change will be given for unused value or rewards earnings remaining on Member’s account.
Member agrees not to abuse CMS privileges by any conduct which is detrimental to the interests of the CMS Program, including without limitation: attempting to redeem preloaded value from multiple registered cards, having multiple accounts, attempting to earn rewards or receive other value through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with the CMS Website.
Either CMS OR a participating Merchant reserves the right to terminate or disable any CMS membership if either CMS or the impacted Merchant believes the Member has violated or acted inconsistently with the rules and policies of the CMS Program or intent of this Agreement. Member understands and agrees that disabling of membership will result in Member's inability to redeem any value earned or preloaded on his or her account. Member further understands and agrees that termination of membership will result in the cancellation of all of Member's value.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in theCMS Program if and to the extent that such participation is permitted by such laws, rules, and regulations. CMS may refuse to enroll Member, or restrict, modify, or terminate Member's participation in the CMS Program, without liability toCMS, Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in the CMS Program could violate any law, rule, or regulation.
Disclaimer of Warranties
MEMBER EXPRESSLY AGREES THAT USE OF THE LOYALTY PROGRAM IS AT THE MEMBER'S SOLE RISK. CMS AND ALL SERVICES OFFERED THEREIN ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. CMS MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH CMS OR CMS MERCHANTS, ADVERTISERS OR PARTNERS; THAT CMS WILL MEET MEMBERS' REQUIREMENTS; OR THAT CMS’S SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES CMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH LOYAL PATRON.
CMS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CMS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY GUARANTEES, WARRANTIES, AND REPRESENTATIONS OFFERED BY LOYAL PATRON MERCHANTS, ADVERTISERS, PARTNERS, MANUFACTURERS OF MERCHANDISE, OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM CMS OR PARTICIPATING CMS MERCHANTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
CMS SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN CMS SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
CMS is not responsible for damages or losses that result from participating or inability to participate in theCMS Program, or reliance on or use of information, services, or merchandise provided on or through CMS. Member acknowledges and agrees that CMS neither endorses the contents of Merchant or third parties' websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
CMS is not responsible and assumes no liability for any changes or discontinuances of service by any Merchant that may affect the ability to accrue or redeem value, or use any aspect of CMS services. In no event shall CMS’s liability, either jointly or severally, exceed the wholesale value of printing a CMS plastic card.
Member's correspondence with or participation in reward earning opportunities offered by Merchants is solely between Member and the Merchants. CMS assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting of value or ability to redeem value toward a sale purchase due to the Merchant’s terminal failing to provide necessary information to CMS for such crediting or debiting of value to existing balances. CMS will not be responsible or liable for the delay or failure to credit value in such event.
Third Party Services
To enhance the value of the CMS service to Members, CMS may use third parties to collect, process and store your PII for the purposes of data verification and supplementation. Data verification involves the use of a third-party data processing service to standardize and clean your provided enrollment information so that it is easily identified and accessed in our database. Data supplementation involves appending any publicly available information about you to your personal profile.
We might seek out any information about you that is publicly available on the open market and overlay this data onto ours for comparison purposes. Information collected in this manner could include your spending habits from a mail-order catalogue, demographic information you provided in entering a sweepstakes, or your financial history. All of this results in a program that is tailored to your personal interests and provides you with the most relevant reward earning opportunities.
These third parties, including contractors, sub-contractors and partners, are contractually bound to preserve the confidentiality of your information and have agreed to be bound by the terms set forth in the CMS Privacy Statement and to maintain the confidentiality and protection of your PII at all times during and after providing services and can use your PII only for the purpose of providing services to CMS.
We maintain rigorous Security Practices to ensure as much as is reasonably possible that the confidentiality of your PII is not compromised. Loyal Patron has established company-wide security practices for your protection.
AT ANY TIME, MEMBER, CMS, OR MERCHANT MAY TERMINATE MEMBER'S MEMBERSHIP, WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION, AT WHICH TIME MEMBER'S UNREDEEMED VALUE WILL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request through the CMS Website and Member receiving a message from CMS confirming termination. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn rewards or redeem any unused value after termination.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with CMS for any reason, Member's only recourse is to immediately discontinue participation in the CMS Program and terminate his or her membership in the manner provided herein. (See paragraph above.)
CMS reserves the right to terminate the membership of any Member who appears to be using CMS in a manner inconsistent with this Agreement, the intent of this Agreement, or any CMS rules.
Upon termination of the service or offer, or validation of your transaction, unless you directly authorize Merchant(s) that you patronize to maintain or use your PII for other purposes, each Merchant is required to delete your PII from its files.
Proprietary Rights to Content
Member acknowledges that CMS content (including but not limited to text, sound, photographs, graphics, or other material contained in any CMS communication, advertisements, or messages, whether by CMS, CMS’s merchants, advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by CMS, its subscribing merchants, advertisers and partners, as the case may be.
CMS reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located in the privacy section that can be found at the footer of every page on the CMS website.
Member's non-termination or continued use of CMS constitutes an affirmative acknowledgment by Member of any modification to this Agreement and consent to abide and be bound by all terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.
CMS reserves the right to modify or discontinue the CMS service with or without notice to Member. CMS shall not be liable to Member or any third party should Loyal Patron exercise its right to modify or discontinue the CMS Program in whole or in part.
All notices given by CMS to you will be given by email, regular mail or by general posting on the CMS Website.
Member agrees to indemnify and hold CMS, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees, relating to use of the Loyal Patron Program and/or CMS card or violation of this Agreement.
We reserve the right to release information to local, state, or federal law enforcement officials when we believe in good faith that the law requires it, or when required to do so by order of a Court or authorized administrative agency.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Livingston County, MI or at another location determined by CMS under the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") by three arbitrators appointed in accordance with the Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
This Agreement shall be governed by the laws of the Commonwealth of Michigan, excluding its conflict of law principles. Arbitration proceedings shall be governed by federal arbitration law and the Rules, without reference to state arbitration law.
Member and CMS agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between CMS and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
CMS’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CMS in writing.
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Dated: April 13, 2022