Terms and Conditions (for Award Account Holders)

• The Awards Bank System ("ABS") provides 3Cheers Rewards Point recipients with access to individual awards through an electronic record keeping and processing system into which award points ("3Cheers Rewards Points") are deposited and assigned to individual recipient accounts. An awards account is established for each program recipient earning 3Cheers Rewards Points in accordance with the agreed upon program rules structure. Each Merchandise Catalog 3Cheers Rewards Point is purchased at a cost of $0.05. 3Cheers Rewards Points are deposited into individual recipient ABS accounts as purchased by the authorized client. 3Cheers Rewards Points become the property of the recipient upon issuance, subject to the terms and conditions set forth herein, and are not transferable or refundable to the Purchaser or any third party. The reward account will become dormant 24 months after the last issuance or redemption activity and expire six months after the last sponsoring client issuance into any account. 3Cheers Rewards Points deposited in recipient reward accounts may be used to purchase items featured in the 3Cheers Rewards web site. 3Cheers Rewards Points are removed from the recipient's account immediately upon exchange. All 3Cheers Rewards Points must be redeemed exclusively through the 3Cheers Rewards web site, regardless of when redemption occurs as long as the account is not expired.
• Customers (Purchasers) are charged for 3Cheers Rewards Points at time of issuance at the rates set forth on the Site. Each recipient for whom a reward account is established will be assigned an account number and will receive a 3Cheers Rewards notification/ welcome email.
• Recipients will be responsible for safekeeping their account information, and for any loss, misuse or unauthorized activity pertaining to their account. If a recipient loses his or her account information or otherwise believes the security of the account information and/or account number may have been compromised, his or her 3Cheers Rewards Points Account can be deactivated and a replacement established within 48 business hours following receipt of notification from the recipient by the Customer Service Center. 3Cheers Rewards Points redeemed prior to deactivation will not be reinstated. Recipients will be provided one replacement rewards account information free of charge for the first request.
• The 3Cheers Rewards Points redemption site (3Cheers Rewards) provides recipients with access to a broad selection of rewards. All items featured on the 3Cheers Rewards site are valued in reward points. Prices set forth on the 3Cheers Rewards sites are subject to change without notice. Redemption is subject to all terms and conditions set forth on 3Cheers Rewards. Reward points are removed from the recipient's reward account immediately upon use.
• The 3Cheers Rewards site includes separate shipping and handling charges for each merchandise award offered. Recipients are responsible for paying this charge in reward points, and also are responsible for paying any applicable sales/use tax in reward points. We reserve the right to change elements or terms and conditions of any reward offerings, at any time without notice. If a reward offering is discontinued, reasonable efforts will be made to offer a substitute of equivalent quality. All reward offerings are subject to availability. The 3Cheers Rewards site may make model substitutions of equivalent value without advance notice when necessary. Reward offers are void where prohibited by law. Every effort has been made to ensure that information regarding products and services offered by participating award suppliers is accurate, but 3Cheers Rewards is not responsible for any errors or omissions in such information.
• 3Cheers Rewards maintains no control over the manufacturers of reward merchandise, or over the personnel, equipment or operations of any air, water or surface carrier, ship line, transportation company, hotel, restaurant, tour company, or other person or entity providing travel services, general services, products or accommodations as an award, because all suppliers offering products and/or services through the awards program are independent contractors. Accordingly, 3Cheers Rewards makes no guarantees, warranties or representations of any kind, expressed or implied, with respect to products, services or merchandise, nor does 3Cheers Rewards accept any liability for any loss, expense, damage or injury incurred as a result of any defect in or failure of such items. 3Cheers Rewards SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3Cheers Rewards shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity which may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any supplier of an reward offering; (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation which is owned, operated, furnished, sold or otherwise used by any such supplier; (3) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not under our direct control; and/or (4) by any other cause, condition or event whatsoever beyond our direct control. In no event will 3Cheers Rewards be liable for any punitive, special, indirect, or consequential damages, even if such damages are foreseeable.
• The sole and exclusive remedy of Purchaser, at law or in equity, under any legal theory or theories of recovery whatsoever, including without limitation under theories of negligence, breach of contract, breach of warranty, tort or otherwise, shall be limited to a refund of a portion of the compensation payable under this Agreement equal to the damages resulting from 3Cheers failure to perform as provided in this Agreement.