Last Updated: 09/30/22
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE AAA DOLLARS PROGRAM.
THESE TERMS AND CONDITIONS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US OR OUR AGENTS AND REPRESENTATIVES ON AN INDIVIDUAL BASIS ONLY, AND BY PARTICIPATING IN THE PROGRAM, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).
The AAA Dollars Program (“Program”) is offered exclusively through The Auto Club Group (“ACG”, “we”, “us” or “our”) and is open only to AAA members (excluding those with primary addresses on record located in the Commonwealth of Puerto Rico) (“ACG Members”)1 with current active non-delinquent AAA membership numbers (“Active ACG Members”) and is only available to active AAA members with club codes designated by ACG2. All ACG Members are automatically enrolled in the Program. All aspects of the Program are governed by and remain subject to these terms and conditions as well as all rules and regulations promulgated pursuant to these terms and conditions (“Terms and Conditions”), and are void where prohibited by law. ACG reserves the right to limit, modify, add, delete, amend, restate and otherwise alter these Terms and Conditions at any time, with or without notice, in its sole discretion, including, without limitation, the right to suspend or terminate the Program in part or in its entirety for any or no reason without prior notice even though such suspension or termination may affect the right of an Auto Club Group Member to accrue or redeem AAA Dollars (as defined below). Upon suspension or termination of the Program, all AAA Dollars and any other benefits of the Program shall immediately be forfeited without compensation and become null and void, except as specifically provided herein. The foregoing rights include modifying, altering, adding or deleting Program benefits, the value of AAA Dollars, redemption options or levels, conversion ratios and conditions for Program participation, which changes may affect the value of AAA Dollars or benefits already accumulated by ACG Members. All purchase credits accumulated through the Program (“AAA Dollars”) remain subject to these Terms and Conditions. ACG Members shall not be entitled to any vested rights with respect to any accumulated AAA Dollars or with respect to any expectation or anticipation that the Program or any benefit thereof will remain in effect. ACG has the right to interpret and apply the Terms and Conditions in its sole discretion.
1. Acceptance. Any use of a AAA membership under the Program means that the applicable ACG Member accepts the Terms and Conditions and agrees to read, review, comply with and otherwise accept all Program materials provided to ACG Members, including, without limitation, materials provided on or with the applicable ACG membership account statement and materials and information available through the ACG website. Terms and Conditions published on the ACG website shall supersede all information, terms and conditions previously published or otherwise provided by ACG. Thus, ACG Members should periodically review the website for changes.
2. Accumulation. AAA Dollars may be earned by Active ACG Members on the purchase of specific products and services designated by ACG during the applicable time period designated by ACG. These products and services may be sold by ACG or through third parties participating in the Program as specifically designated by ACG (“AAA Dollars Partners”). A list of the current AAA Dollars Partners can be found on the ACG website. ACG Members are responsible for presenting either a AAA membership card or membership number to the AAA Dollars Partners participating in the Program at the time of purchase to earn AAA Dollars. All purchases are subject to verification by ACG. Minimum purchase may be required. AAA Dollars earned in connection with any specific purchase cannot be applied to more than one AAA membership account. The amount of AAA Dollars earned in connection with any specific purchase is subject to modification, cancellation and limitation, with or without notice, in the sole discretion of ACG. At the sole discretion of ACG, AAA Dollars may be earned in connection with the creation of a new AAA membership account for new members who fall within certain categories or who sign up during certain times or dates of the year. A new ACG Member who does not receive AAA Dollars in connection with the creation of a new AAA membership account, however, shall have no rights or claims against ACG for ACG’s decision not to issue AAA Dollars to such member in connection with the creation of its new membership account. New AAA Members may begin accruing AAA Dollars upon receipt of their AAA membership card and compliance with the Terms and Conditions. Notwithstanding the previous sentence, new AAA Members may be able to begin accruing AAA Dollars prior to receipt of their AAA membership card in connection with: (i) the creation of their membership accounts if offered pursuant to the terms set forth above; and/or (ii) certain purchases directly at an ACG location as may be provided from time to time in accordance with the Terms and Conditions. From time to time, ACG may establish, at our sole discretion, activities, including purchases of products and services, pursuant to which Active ACG Members may “earn” AAA Dollars (“Qualifying Activities”). We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms and Conditions, to: (i) change the number of AAA Dollars awarded, or to award no AAA Dollars, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) delete any or all means to earn AAA Dollars, (iv) limit the number of times or frequency an Active ACG Member may earn AAA Dollars for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer AAA Dollars earning opportunities to select groups of Active ACG Members. Also, ACG may offer AAA Dollars for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer AAA Dollars for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of AAA Dollars will appear in your account. Currently, there is no limit on the amount of AAA Dollars that an Active ACG Member may earn.
3. Terms Applicable to AAA Dollars. Any AAA Dollars you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of rewards, including cash back. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your AAA Dollars, which remain ACG property at all times. AAA Dollars are not transferable or assignable for any reason or otherwise by operation of law. AAA Dollars have no purpose or use except in exchange for rewards (if any) offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any AAA Dollars, or offer to purchase, sell, or trade any AAA Dollars or other virtual items. AAA Dollars will not be valid unless earned in strict compliance with the requirements as established and intended by us, and ACG Member shall not attempt to earn AAA Dollars by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. ACG reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that ACG believes, in its sole discretion, that an ACG Member (or ACG Members) have violated these Terms and Conditions. You agree to abide by ACG’s final and binding decisions regarding the Program and your participation in it. AAA Dollars are not valid with other discounts, promotions, group offers, coupons, coupon codes or reward cards, loyalty reward programs or points. AAA Dollars cannot be earned on tax, processing, shipping or handling fees, delivery or service charges, gratuity, and alcoholic beverages or other restrictions disclosed in a AAA Dollars discount offer AAA Dollars is available at a participating merchants, website, AAA.com and the AAA Mobile app. An active AAA membership is - is required at time of purchase or order. Various restrictions and exclusions may apply to individual offers. AAA Dollars Online Mall purchases only apply to online purchases through AAA.com, the AAA Discounts Web Extension or the AAA mobile app. AAA Dollars Online Mall transactions will appear after 1-7 days from delivery date in My Account under “View Pending” then post to “View Earned” after thirty (30) days. Offers and AAA Dollars Partners subject to change without notice and may be subject to additional terms and conditions.
4. Redemption of AAA Dollars Generally. AAA Dollars held by ACG Members may be redeemed for goods and services by any active ACG Member who is registered with ACG under a AAA membership account and resides in the primary household designated for such ACG Member account (“ACG Member Household”); provided, however, that only the primary ACG Member listed under a AAA membership account may redeem AAA Dollars for cash back rewards as outlined in Section 5 below. Once earned, AAA Dollars will be deposited into your ACG Member account and can be used to acquire rewards such as merchandise, offers and other items of value from the “Rewards Section” of the Program website, while supplies last or otherwise redeemed for cash back in accordance with the provisions of Section 5 below. AAA Dollars earned under an annual AAA membership may be redeemed at any time; provided, however, during the membership renewal period (the “Renewal Period”), which is approximately seventy-two (72) days prior to an ACG Member’s membership expiration date, earned AAA Dollars will not be redeemable by such ACG Member for goods, services or cash back rewards and the outstanding balance of AAA Dollars will be held frozen in an ACG Member’s account to be utilized by ACG for redemption for an amount equal to the ACG Member’s membership renewal and will automatically be redeemed and applied by ACG towards the renewal fee for their AAA membership at the end of the Renewal Period. ACG Members will have their earned AAA Dollars frozen during the Renewal Period until such time as their AAA membership is renewed. To the extent that an ACG Member doesn’t have enough AAA Dollars to cover the full AAA membership renewal fee, the ACG Member will still be responsible for the balance owed after all such outstanding AAA Dollars have been applied towards the renewal. Except during the Renewal Period, AAA Dollars may be redeemed towards the purchase of products and services that qualify under the Program at the time of such redemption or for a cash amounts equal to or less than the accumulated amount disclosed in your AAA membership account and in according to the rules set forth in Section 5 below or otherwise disclosed on the Program website. Except as specifically provided in the Terms and Conditions, if so provided, AAA Dollars cannot be combined with any other offer made available by ACG or any AAA Dollars Partner, including, without limitation, ACG's AAA Discounts & Rewards program, coupons, discounts and gift certificates made available by ACG or any of the AAA Dollars Partners. AAA Dollars cannot be redeemed or applied towards any purchases made at any time prior to the accumulation of the applicable AAA Dollars. Further, AAA Dollars earned on the purchase of a good or service that is returned, exchanged or cancelled will be deducted from the AAA membership account. Conversely, AAA Dollars redeemed on the purchase of a good or service that is returned, exchanged or cancelled will be credited to the applicable AAA membership account. Additional restrictions on AAA Dollars or the redemption thereof may be imposed at any time, with or without notice. All AAA Dollars redemptions are final except as expressly provided herein. The amount of AAA Dollars redeemed for any particular good or service cannot exceed the price of such good or service at the time of redemption. The rewards section of the Program website will list the corresponding AAA Dollars value required to redeem each item. Rewards, and the redemption thereof, and any other related information are subject to prior confirmation of eligibility, compliance with these Terms and Conditions. Rewards will not be awarded until an ACG Member is confirmed and the verification process is complete, in ACG’s absolute discretion. The items listed as rewards on the website will fluctuate as available items are redeemed and additional items are added by ACG. Merchandise/items/prizes pictured as rewards on the website may not necessarily reflect exact colors, styles, or models of actual reward due to printing variations and/or manufacturer’s updates. ACG makes no representations, warranties, or guarantees that any particular Reward will be (or will continue to be) available or offered in the Program. Reward availability is limited and is on a first-come, first-served basis. ACG reserves the absolute right to modify, change, delete or add rewards, or any element thereof at any time. ACG reserves the right to modify the AAA Dollars value(s) for any reward, at any time and for any reason, during the Program. All redemptions are subject to these Terms and Conditions and all limitations or requirements on the Program website. To spend/redeem your AAA Dollars, navigate through the items available for redemption on the Program website or follow the instructions to convert your AAA Dollars to U.S. dollars through your PayPal or Venmo accounts or other Program integrated payment conversion method made available by ACG (e.g., ACH) for cash back rewards as more fully discussed in Section 5 below. You can choose any item still available for which you have accumulated sufficient AAA Dollars for redemption. Click the image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email and when applicable, an email confirming that the order has been processed. Emails will be sent to the email address associated with the ACG Member’s ACG Member account. The total number of AAA Dollars an ACG Member can use to redeem for an item or cash back rewards at any given time is the total number of AAA Dollars available in their ACG Member account at the time of redemption. With respect to the redemption of AAA Dollars for cash back rewards, the maximum redemption for any specific ACG Member each month of the Program is limited to a maximum of $10,000. If an ACG Member has ordered an item from the ACG Member’s MyAccount section of the Program website, the order is final and the appropriate number of AAA Dollars will be deducted immediately from their ACG Member account. Each ACG Member is responsible for ensuring the mailing address associated with his/her ACG Member account is accurate and up to date. We are not responsible for non-receipt of an item shipped to the mailing address associated with an ACG Member’s ACG Member account. Changes to ACG Member accounts or the information in them should only be made by the ACG Member to whom such accounts belong. All AAA Dollars redemptions for items are final. AAA Dollars will not be refunded or placed back in an ACG Member’s quantity of redeemable AAA Dollars for any reason after an order has been placed and merchandise may not be returned for any reason except if item is damaged or defective, in which case item will be replaced with the same or like item. Rewards (which include any products or services that an ACG Member can redeem AAA Dollars for) are provided “as is” with no warranty or guarantee, either express or implied by us. AAA Dollars are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer AAA Dollars nor have rewards sent to any third party. We reserve the right to verify your eligibility qualifications prior to fulfilling a reward.
5. Redemption of AAA Dollars For Cash Back Rewards. From time to time, we may make functionality available in connection with the Program that will allow you to convert your accrued AAA Dollars into cash back rewards, gift cards or similar items based on a pre-determined conversion ratio set by us. You understand and agree that we may set the AAA Dollars conversion ratio for any such rewards in our sole and absolute discretion and we may change such conversion ratio at any time. The conversion ratio for AAA Dollars into any rewards (including cash back rewards) may vary and all details regarding the specific conversion ratio applicable to a reward will be provided in the rewards section of the Program website. We also reserve the right to charge you an administrative fee such as a processing or handling fee when converting your AAA Dollars to a Cash Out Payment (defined below) and you agree to pay any such amounts if requested by us at the time of AAA Dollars redemption. You may request (a “Distribution Request”), as described, that your AAA Dollars be redeemed for an equal amount of money (a “Cash Out Payment”) awarded as contemplated below. You are allowed to make a Cash Out Payment provided you have enough AAA Dollars to redeem for at least the minimum Cash Out Payment of $10.00. The maximum total amount of Cash Out Payments permitted each month under the Program is $10,000. ACG Members will not be eligible to redeem AAA Dollars for cash back rewards for a period of ninety (90) days after such AAA Dollars are labeled in an ACG Member’s account as “View Earned”. Only after the expiration of such ninety (90) day period will such AAA Dollars be eligible for a Cash Out Payment through a Distribution Request. Any request for a Cash Out Payment is final and cannot be revoked or reversed. You may not make a Distribution Request for a Cash Out Payment during the Renewal Period. You may elect to receive your Cash Out Payment via: PayPal or Venmo or other method disclosed on the Program website (e.g., ACH) in accordance with the payment terms described below. We reserve the right to change such minimum and maximum distribution amount at any time by posting notice on the Program website. ACG is not responsible for payments sent to the wrong account or mistakes made by PayPal or Venmo. We have no responsibility and assume no liability for any loss or delay of any Cash Out Payment once we either transfer the Cash Out Payment to PayPal, Venmo or distribute your Cash Out Payment to any other account we permit via the Program websites. We assume no liability in relation to your PayPal or Venmo or any other account, and you are solely responsible for your account with PayPal and Venmo (as applicable), including, but not limited to, data entry errors by you in providing your PayPal and Venmo information or other bank account information you provide to ACG. If PayPal or Venmo (or other method) is unable to distribute the Cash Out Payment to you and if we receive from PayPal, Venmo or other account any funds that are part of a Cash Out Payment that was not distributed by PayPal or Venmo or other account to you, we will credit such amounts back to your Program account in the form of AAA Dollars. Should PayPal, Venmo or other payment provider overpay your Cash Out Payment, you authorize us to instruct PayPal or Venmo or other payment provider (as applicable) to deduct from your PayPal, Venmo or other account the amount of such overpayment. To redeem via PayPal, you must maintain a PayPal account that is active and in good standing in PayPal’s sole discretion and has your bank account linked to it. To redeem via Venmo, you must maintain a Venmo account that is active and in good standing in Venmo’s sole discretion and has your bank account linked to it. Cash back rewards will be made available for transfer via a credit to the ACG Member’s PayPal, Venmo or other account on the 15th of each month after the Distribution Request is received unless the 15th falls on a weekend or holiday in which case the distribution will occur on the next business day immediately following the 15th.. If you do not make a Distribution Request, we are under no obligation to send you a Cash Out Payment as part of the Program. You are responsible for redeeming your cash back rewards. There is no automatic redemption or periodic distribution of Cash Out Payments. Cash Back rewards balances have no cash, monetary or other value prior to being accumulated and redeemed pursuant to a valid Distribution Request made in accordance with these Terms and Conditions. No interest is paid on cash back rewards balances. Subject to applicable laws, cash back rewards balances are not your property, and you have no property rights or other legal interest in the cash back rewards. All cash back rewards remain the sole property of AGC until distributed under the terms of these Terms and Conditions. Your cash back rewards balance or any part of it is not transferable, cannot be brokered, bartered, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with cash back rewards of any other member or participant in the Program.
6. Transfer. AAA Dollars earned by ACG Members are for the benefit of the respective AAA membership account only and may not be transferred to anyone. Notwithstanding the foregoing, in the event of the loss or theft of an AAA membership card, accrued AAA Dollars held for the benefit of the lost or stolen account will be automatically transferred to the replacement AAA membership account when the corresponding replacement membership card is issued. AAA Dollars will only be honored by ACG and not by any other affiliate of the American Automobile Association. In the event an ACG Member moves its membership to another affiliated club of The American Automobile Association then the account will be closed and any accumulated unredeemed AAA Dollars balance will be automatically forfeited. In the event of divorce, separation or any other legal dispute among members of one membership account (such as between a primary member and an associate member), the accumulated AAA Dollars shall remain solely with the primary member on the account.
7. Account Disclosure. Information regarding the AAA Dollars accumulated or redeemed under an AAA membership account may be disclosed to any person registered with ACG under such AAA membership account. Such information can be obtained by calling ACG customer service at 800.222.1134. ACG Members also may be provided with the ability to use usernames and/or passwords to gain access to the ACG website to monitor, view or modify their information relating to the Program. The content contained on such website is provided to the respective ACG Members for their personal use only. ACG reserves the right to prohibit the use of such usernames and/or passwords by third parties on behalf of ACG Members where ACG determines that such use interferes with the operation of the website or may result in commercial benefits for other entities to the detriment of ACG.
8. Account Information. ACG Members are responsible for ensuring that AAA Dollars are properly accumulated and redeemed. If an ACG Member believes his/her Program AAA Dollars total is not accurate, or that AAA Dollars earned were not credited, please call us at the following phone number: 800.222.1134. Some AAA Dollars will not be posted to the applicable AAA membership account until the earnings have been validated by the applicable AAA Dollars Partner. Any disputes regarding the accumulation or redemption of AAA Dollars must be brought to the attention of ACG in writing within three (3) months of the disputed transaction. AAA Dollars subsequently determined, in the sole discretion of ACG, to be invalid, will be removed from an ACG Member’s AAA Dollars accumulation total. ACG Members are responsible for timely notification to ACG of any change in name, address, email address and telephone number used by ACG Members in connection with the Program, and of any additions or deletions relating to their ACG Member household. Account information can be changed at the ACG website or by contacting ACG at 800.222.1134. Changes to account information may require supporting legal documentation, signature, date and/or AAA membership account number. ACG shall have no liability or responsibility relating to lost or misdirected mail or any consequence thereof.
10. Breach/Fraud/Sale of AAA Dollars. In the case of any breach of these Terms and Conditions, furnishing of false information, fraud or general abuse (including attempted breach, attempted fraud and attempted abuse) involving any aspect of the Program or AAA Dollars, as determined by ACG in its sole judgment, ACG and its AAA Dollars Partners shall have the right to take such administrative and/or legal action as it deems necessary, and to recover damages, attorneys’ fees and court costs. By way of illustration and not limitation, all related AAA Dollars and other benefits earned through the Program may be forfeited and may be subject to recoupment by ACG and/or any of the applicable AAA Dollars Partners, and any AAA membership account related thereto may be suspended and/or terminated without notice, and any AAA Members associated with such account may be disqualified from participation in the Program and/or any other customer loyalty program offered by ACG. Any AAA Dollars sold for cash or other consideration, altered, photocopied or otherwise reproduced shall be forfeited without compensation and become null and void and constitute a breach of these Terms and Conditions.
11. Expiration/Termination. Please note that we reserve the right to institute expiration dates for AAA Dollars in the future, as determined by us in our sole discretion. Any future expiration dates will be disclosed on the Program website. Any AAA Dollars accumulated by ACG Members: (i) who cancel their AAA membership account, (ii) whose membership account is cancelled by ACG for any reason, (iii) whose AAA membership account remains expired or delinquent for a period of one (1) year, or (iv) who changes its primary address to an address located within the Commonwealth of Puerto Rico shall be forfeited without compensation and will automatically become null and void without further notice. In the event ACG terminates or suspends the Program, Active ACG Members shall have three hundred sixty-five (365) calendar days from the date that ACG’s announcement that the Program is terminated or suspended is made, to redeem their AAA Dollars, after which time all AAA Dollars will automatically be forfeited without compensation and become null and void. These Terms and Conditions will remain in full force and effect while you use the Program and/or are an ACG Member. We may suspend or terminate your ACG membership for any reason, at any time, including if you fail to remain in good standing in the Program. If we suspend or terminate you because you have breached these Terms and Conditions, you may either be terminated from the Program or otherwise be restricted by us from redeeming AAA Dollars or earning more AAA Dollars until such time (if ever) when we reinstate your AAA membership (at our discretion). In the event that you are terminated as an ACG Member, we may elect to immediately void all of your accumulated AAA Dollars and, in such instance, you shall not be entitled to redeem AAA Dollars for any items. Even after your participation is terminated, these Terms and Conditions will remain in effect. We reserve the right, at our sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your ACG Member account upon any breach by you of these Terms and Conditions.
12. Taxes. ACG Members who earn AAA Dollars for participating in non-purchase transactions such as referring a friend may be subject to tax liability and 1099 tax reporting by ACG once the value of AAA Dollars awarded is $600 or more in a calendar year. In such cases, the fair market value of the AAA Dollars awarded will be reflected on the Form 1099 and is reportable in the taxable income of the ACG Member. Any tax liability connected with the receipt or use of AAA Dollars is the sole responsibility of such ACG Members. Any ACG Member subject to IRS Form 1099 reporting under this paragraph agrees to provide his/her social security number, if requested, within the required tax reporting timeframe and, in addition, agrees to sign an affidavit, release of liability, publicity release or similar agreement if requested by us prior to receiving his/her reward.
13. Limitation of Liability. In no event shall ACG or any of the AAA Dollars Partners, or any subsidiary or affiliate of ACG or any of the AAA Dollars Partners, be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the Program, whether based on contract, tort, strict liability, or otherwise, irrespective of whether ACG or any AAA Dollars Partner has been advised of the possibility of such damages. In addition, neither ACG nor any of the AAA Dollars Partners, or any subsidiary or affiliate of ACG or of any of the AAA Dollars Partners, shall be liable for any errors or omissions that may be made, incorrect or inaccurate transmission of information, any failure of or problems with the computer equipment, software, programming, or any other technology used in connection with the Program, or any delay in reporting any Program information or AAA Dollars earned by an ACG Member, including, without limitation, any interruption, deletion, omission, defect or line failure of any telephone network or electronic transmission. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ACG MEMBERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING PRODUCTS AND/OR SERVICES OFFERED BY ACG OR ANY AAA DOLLARS PARTNERS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. If ACG improperly denies an ACG Member AAA Dollars, by participating in the Program, such ACG Member waives any and all rights to bring a claim or action related to such matters in any forum beyond one year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential, or incidental damages, or for implied warranties the above limitation may not apply to you. ACG Members agree to rely exclusively on manufacturer’s warranties, if any, for any products redeemed through the Program. As a condition of participating, the ACG Member agrees that (i) all disputes, claims and causes of action arising out of or connected with the Program, the AAA Dollars, or any products or services redeemed through the Program shall be resolved individually, without resort to any form of class action and (ii) any and all damages, judgments and awards should be limited to actual out-of-pocket direct costs incurred, but in no event attorney’s fees. UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTIES (DEFINED BELOW) BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Program and the website that makes the Program available; (b) your activities in connection with the Program and Program website; (c) your use of or inability to use the Program or redeem AAA Dollars, or the performance of the website associated with the Program; (d) any action taken in connection with an investigation by Program Parties or law enforcement authorities regarding your access to or use of the Program; (e) any action taken in connection with copyright or other intellectual property owners or other rights owners; (f) any errors or omissions in the Program’s and Program website’s technical operation; or (g) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
14. Exclusions. Notwithstanding anything else contained herein, due to applicable laws and regulations of the Commonwealth of Puerto Rico, members of AAA of the Caribbean, Inc. or of AAA, Inc. who have a primary address in Puerto Rico are not eligible to participate in the Program.
15. Dispute Resolution and Governing Law. The parties each agree to finally settle all disputes only through arbitration; provided, however, ACG shall be entitled to seek injunctive or equitable relief in the state and federal courts in Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. ACG agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. By participating in the Program, each ACG Member agrees to the Mandatory Arbitration Provisions above. ACG MEMBER UNDERSTANDS THAT ACG MEMBER IS VOLUNTARILY WAIVING ACG MEMBER’S RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES. BY PARTICIPATING IN THE PROGRAM, ACG MEMBER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY REWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of an ACG Member, ACG or a AAA Dollars Partner in connection with the Program shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions. No waiver of any provision of these Terms and Conditions shall constitute a waiver of any other provisions hereof nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. In the event that any provision contained herein is declared void or illegal, such provision or part thereof shall be deemed never to have existed and all other provisions contained herein shall continue to remain in effect. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST US, THEN YOU MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
16. Disclaimers. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, ACG, its parent company and each of their respective subsidiaries and each of their respective employees, directors, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to (a) the Program and the website that makes the Program available; (b) the functions, features, or any other elements on, or made accessible through, the Program and the Program website; (c) any products, services, or instructions offered or referenced at or linked through the Program and Program website; (d) security associated with the transmission of your User Content transmitted to ACG or via the Program website; (e) whether the Program website or the servers that make the Program website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Program website is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Program website will be repaired or corrected; (h) whether your access to the Program website will be uninterrupted; (i) whether the Program website will be available at any particular time or location; and (j)whether your use of the Program is lawful in any particular jurisdiction. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, ACG PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
17. Our Rights. ACG reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to ACG Members. ACG may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the AAA Dollars, items or benefits you may have accrued. Each ACG Member agrees that ACG will not be liable to the ACG Member or any third party for any modification or discontinuance of the Program. ACG reserves the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by ACG, including determinations of eligibility, and proper authorization of AAA Dollars and item redemption, shall be final and conclusive in each case. ACG reserves the right to terminate any ACG Member’s participation in the Program, to deny award of any item and/or terminate service if, in ACG’s sole judgment, such ACG Member has in any way violated these Terms and Conditions.
18. Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF ACG.
19. Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms and Conditions or any Additional Terms; (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of ACG. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
20. Updates to Terms and Conditions. These Terms and Conditions (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS AND CONDITIONS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS AND CONDITIONS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS AND CONDITIONS. Therefore, you should review the posted Terms and Conditions of service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms and Conditions will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms and Conditions (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your ACG Member Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.
21. Communications, Notices & Customer Service. By choosing to become an AAA member, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your ACG Member account. These communications may include marketing communications about the Program as well as other promotional offers unrelated to the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your choosing to become a AAA member will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your ACG Member account. If you have a question regarding using the Program, you may contact ACG Customer Support by calling our toll-free number at 800.222.1134. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.
22. Severability. If any provision of these Terms and Conditions, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
23. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and Conditions and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms and Conditions or any Additional Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms and Conditions or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
24. Assignment. We may assign its rights and obligations under these Terms and Conditions and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and Conditions and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of ACG.
25. No Waiver. Except as expressly set forth in these Terms and Conditions or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
26. Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.
1As used herein, the term “ACG Members” includes the primary member and any associate members listed on the ACG account in participating states. In addition, the term “ACG Members” excludes all members of AAA of the Caribbean, Inc., due to the applicable laws and regulations of the Commonwealth of Puerto Rico.
2The club codes currently designated by ACG for present or future participation in the AAA Dollars Program are club codes 014, 020, 047, 049, 069, 113 and 270 (the “Rewards Territories”). Puerto Rico is specifically excluded from the AAA Dollars Program due to the applicable laws and regulations of the Commonwealth of Puerto Rico. ACG reserves the right to expand and contract the geographic territories designated for participation in the AAA Dollars Program with or without notice.