StayCredits Terms and Conditions Agreement

Thank you for choosing to participate in a StayCredits LLC program, offered by StayCredits LLC, an affiliate of StayCredits LLC or a subsidiary of StayCredits LLC, or a 3rd party contractor or entity working with StayCredits LLC under contract (referred to as "StayCredits," "we," "our," or "us") on this website and within this document. Please carefully read this agreement (“Agreement”), as it is a legally binding Agreement between StayCredits and participants in a StayCredits program (referred to as “participant” or “you”) that have accepted this Agreement through clicking “I AGREE” or “I ACCEPT” or otherwise providing electronic acknowledgement of acceptance, or by providing information or participating in any way in a StayCredits program at any time. The term “participation” refers to your use or reference to a participation number, access to StayCredits program related data, and use of or attempted use of such data for any reason. By accepting this Agreement, you indicate that you have read and understood this Agreement, you are qualified to participate, and you consent to StayCredits collecting, storing and otherwise using certain personal information in relation a StayCredits program in accordance with the StayCredits privacy policy in force from time to time. If you do not agree to this Agreement, do not indicate acceptance of this Agreement and do not participate in a StayCredits program.

The purpose of this Agreement is to provide StayCredits with the opportunity to provide Benefits (“Benefits” are goods or services provided at a discounted price or on a complementary basis) to you in the future, in recognition of and in response to demonstrated loyalty. Your participation, all records, and all points, credits or other designations used to create loyalty records, are property of StayCredits. Access to and referral to participation related data may be granted to you from time to time by StayCredits, but no right of access is either created nor conveyed by your accessing such data, which may be terminated by StayCredits at any time. On termination of your participation, you will no longer be able to access participation data, and your participation will be designated “terminated” for all StayCredits program purposes. Participation, records, points, credits or any other aspect of any StayCredits program has no cash value, and you agree that StayCredits will not pay cash for any deducted, reduced or otherwise decreased points, credits or tokens. Under certain conditions, you may receive a Benefit that does have a cash value, and your right to a Benefit begins at the point you actually receive such Benefit.

StayCredits, at its sole discretion, may change this Agreement and any StayCredits loyalty program at any time without notice. You agree that such changes are binding on you and that you accept these changes when you participate in a StayCredits program. You agree that you will stay informed about this Agreement by regularly consulting the appropriate page in a StayCredits website. StayCredits may terminate a StayCredits program at any time provided such termination conforms to the requirements of national, state, or local regulation or legislation. In the event of program termination, StayCredits may replace such program with another program, and migrate point, credit or other loyalty record data at its sole discretion.

Loyalty records such as points, credits or other tokens may be used by StayCredits to determine your standing in respect to certain Benefits to you at the sole discretion of StayCredits, notwithstanding any representation to the contrary elsewhere, including without limitation within this Agreement, program materials, or statements by employees or representatives of StayCredits. Loyalty records such as points or credits do not and cannot entitle you to any Benefit. Benefits provided by StayCredits may not be transferred, sold, bartered or exchanged, except by StayCredits. Any attempt to transfer such Benefit will void such Benefit. You will be responsible for all taxes, levies, duties, and all disclosure of such Benefits to 3rd parties. You agree that you will indemnify StayCredits from any tax claim or liability whatsoever in connection with any Benefit you receive from StayCredits.

Participation in StayCredits programs is subject to the following eligibility requirements:

  1. You have paid the relevant program participation fee
  2. You are over the age of majority for your country or jurisdiction of residence
  3. You are a natural person, i.e. not a corporation, group, estate, trust, legal partnership or other entity however constituted
  4. You have provided complete and accurate application information, including a valid email that you access on a regular basis
  5. You do not ‘mark as spam’ any email correspondence from StayCredits, and instead agree to manage your StayCredits participation through correspondence option choices available on the relevant StayCredits program website
  6. You are allowed to use one and only one StayCredits participation number for each independent StayCredits program
  7. You have never previously been terminated from a StayCredits program except for self-selected cancellation or lack of activity.

By participating, you acknowledge that you meet these eligibility requirements. StayCredits may require proofs of eligibility at StayCredits sole discretion.

You may cancel your participation at any time by through the use of the StayCredits website, or by contacting StayCredits and requesting that your participation be cancelled. In the event of cancellation by you, this agreement is terminated and all related loyalty records, including credits, points, or any other loyalty token, will be marked as terminated, and can not subsequently be used by you. Your participation may be cancelled by StayCredits at StayCredits sole discretion, at any time, with immediate effect.  In such event, StayCredits will confirm cancellation of your participation via email. StayCredits will cancel your participation if, in StayCredits sole opinion, you fail to behave in a conformance with the requirements of applicable laws or ordinances, fail to pay any amounts owed to StayCredits, breach this agreement, fail to remain eligible in accordance with the requirements stated above, engage in any fraud, misrepresentation or abuse in respect to any StayCredits program or Benefits gained thereunder. If permitted by applicable law, your participation will terminate automatically upon your filing for bankruptcy or other otherwise becoming subject to bankruptcy administration.

You understand and agree that:

  • StayCredits waiver of any breach of this agreement by you is not a waiver of any prior or subsequent breach by you.
  • There is no warranty by StayCredits is either expressed or implied in respect to the accuracy of Loyalty records, utility or value in relation to type, quality or fitness of goods or services to any particular service that may be provided to you in relation to your participation in a Staycredits program.
  • StayCredits does not have any liability whatsoever, including consequential damages, under any theory of liability that may arise in respect to your participation in StayCredits programs.
  • StayCredits is not responsible for any delay, loss, theft, misappropriation, misdirection, or any errors in respect to any program materials, including without limitation, communications, participation applications, and notices of Benefits.
  • StayCredits is not responsible for any actions or omissions of any third parties, including providers of program Benefits.
  • StayCredits is not responsible for any errors in materials published in connection with a StayCredits program, including without limitation, errors in description, errors in pricing, errors in account balances, and typographical errors.
  • StayCredits reserves the right to correct any errors, at its sole option, without notice.
  • StayCredits shall not be liable to any person for any action taken or neglected to be taken with respect to the Program. The sole remedy available to you in connection with any StayCredits program (whether your claim is based in law or equity) shall be the cancellation of your participation and the deletion, by StayCredits of all information in respect to you. In no event shall we be responsible or liable for special, consequential, extraordinary or indirect losses or damages, including any lost profits.
  • StayCredits shall have sole discretion in respect to all interpretation of this Agreement, and StayCredits decisions shall be final. StayCredits may waive compliance with this Agreement at StayCredits sole discretion and StayCredits may run promotions from time to time that provide enhanced Benefits to select Participants. StayCredits failure to exercise any of StayCredits rights under this Agreement or StayCredits delay in exercising or enforcing any of our rights shall not constitute a waiver of such rights.
  • In the event StayCredits waives any right on one event, such waiver shall not operate as a waiver as to any other event.

These Terms and Conditions are governed by and shall be construed in accordance with the laws the state of New Mexico, and are subject to the exclusive jurisdiction of the applicable courts therein. Participation, and the recording and exchange of any points, credits, or other similar tokens in relation to your loyalty are subject to all applicable local laws and regulations. Participation, Benefits, in the event they are offered by StayCredits, are offered in good faith, however they may not be available if prohibited or restricted by applicable law or regulation in the Unites States of America or participant's country of residence. If any part of this Agreement is held to be unlawful or unenforceable, that part will be deemed deleted from this Agreement in such jurisdiction and the remaining provisions will remain in force, subject to StayCredits right to amend this Agreement and terminate all or any StayCredits programs. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action. If you enter or participate in any way in any form of class action in respect to this Agreement, you thereby agree to indemnify and hold harmless StayCredits in respect to and all costs StayCredits may incur as a result of such class action.

You will be considered an “Active Participant” as long as a) you have activity in your loyalty record within the past 12 (twelve) months, b) your participation has not been cancelled by you, or c) your participation has not been cancelled by StayCredits. If you do not have account activity within the past 12 (twelve) months, your account status may be changed by StayCredits, to “Inactive Participant”. As an Inactive Participant, you may be subject to specific offers to reactivate your participation from time to time, or other such changes to your participation as StayCredits in its sole judgement, should provide.

StayCredits programs that you participate are further defined in separate program offers documents, which are nonetheless subject to and must include this Agreement in order to be valid. The programs each will specify the manner and method of loyalty record keeping in terms of points, credits, or tokens, eligibility for recording certain activities in certain ways, and exclusion of other activities, all subject to the terms and conditions of this Agreement.

Version 2.1.0