Legacy promotions and offers
DOUBLE EAGLE PLUS 2 PROMOTION TERMS AND CONDITIONS
These terms and conditions apply to SkyGolf’s Double Eagle Plus 2 promotion for Birdie, Eagle and Double Eagle membership plans.
You may add up to 2 new, eligible SKYCADDIE® units to your current, eligible Birdie, Eagle or Double Eagle membership plan with no additional membership fees for the remaining term of your eligible membership plan if the additional qualifying SkyCaddie units are added to your eligible plan during the promotion period defined below. To continue the 3-for-1 membership feature after expiration of your current, eligible membership plan, you must purchase a new Double Eagle Plus 2 membership plan at the next membership renewal of your current plan.
Eligible Plans:
The Double Eagle Plus 2 promotion only applies to active Birdie, Eagle and Double Eagle plans that are in good standing with all membership fees fully paid up. If you have more than one eligible membership plan, you must add the additional eligible SkyCaddie units to the plan with the earliest expiration date.
Promotion Period:
The promotion period is August 8, 2013 to December 31, 2013, and the offer of adding 2 eligible SkyCaddie units to your current membership plan only applies to eligible SkyCaddie units registered to your current membership plan account during the promotion period. The SkyGolf Double Eagle Plus 2 promotion is good only as long as supplies last. SkyGolf reserves the right to cancel the promotion at any time.
Eligible SkyCaddie Units:
Eligible SkyCaddie units are all SkyCaddie model units that are (i) new and not previously activated, (ii) purchased and first activated during the promotion period and (iii) registered to your eligible membership plan during the promotion period. SkyCaddie units that are used or previously activated are not eligible for the promotion, but may be added or transferred to a Double Eagle Plus 2 Plan that is purchased either at your next renewal or earlier if you elect. Eligible SkyCaddie units must be (i) registered in your name or, at SkyGolf’s option, an individual residing in your household, (ii) assigned to your membership account and (iii) primarily used by you or a member of your household. Members of your household are those individuals within your family that permanently physically reside at your primary household address, and include family members attending college who reside at your physical household address when not at college.
Plan Renewal:
To continue the 3 for 1 membership feature after expiration of the eligible membership plan to which the additional SkyCaddie units are added, you must purchase the Double Eagle Plus 2 Plan at your next renewal and include the additional units within the new Plan. If you have more than one eligible membership plan, the Double Eagle Plus 2 Plan must be purchased at renewal of your first membership plan to come up for renewal.
Club SG (Beta) and Other Benefits:
The addition of SkyCaddie units to your current membership plan permits use of the SkyCaddie unit with SkyGolf’s SKYCOURSES® without additional membership fees but does not include other member benefits, including a free Club SG (Beta) account, which must be purchased separately.
Coupons:
Coupons issued in connection with the Double Eagle Plus 2 promotion cannot be used to renew a membership and have no cash value. Coupons may only be used to add a qualifying SkyCaddie unit to a qualifying membership plan.
License Terms:
The terms of the separate Double Eagle Plus 2 end user license agreement shall also be applicable to the Double Eagle Plus 2 promotion, and you must agree to such end user license agreement to register your additional qualifying SkyCaddie unit. SkyGolf may terminate your additional membership at any time you violate any of the terms and conditions of such end user license agreement.
Revised 08/08/2013
SKYREWARDS™ PROGRAM TERMS AND CONDITIONS
IMPORTANT NOTICE
SkyHawke Technologies, LLC ("we", "us" or "our") reserves the right to add to and/or change the SkyRewards™ Program Terms & Conditions at any time. This means, for example, that we may change the number of SkyRewards™ points ("points") earned for purchases or events, or the number of points required to redeem for program items, impose caps and/or fees on earning and/or redeeming points, add or increase annual and/or other program fees and/or cancel points or redemptions of points. In addition, we reserve the right to terminate or modify the SkyRewards™ Program at any time.
By participating in the SkyRewards™ Program (the "program"), including redeeming points, you agree that you have read and agreed to these SkyRewards™ Program Rules and Terms, as modified by us from time to time, and that your participation in the program is subject to these SkyRewards™ Program Terms and Conditions, as may be modified.
The SkyRewards™ Program is a loyalty and promotional program of SkyGolf®, a SkyHawke Technologies, LLC company. If you have questions about the program, you should contact our Customer Service Department at customerservice(at)skygolf.com or 1-866-SKYGOLF (1-866-759-4653) during business hours.
Eligibility
- Participation in the program is available only to individual consumers of legal age who have or who open a SkyCaddie® membership account which is in good standing, during the program period. (Eligible individuals are referred to herein as "you" or "your".) Individuals not meeting eligibility requirements may not participate in the program and may not earn or redeem points.
- Your SkyCaddie® membership account must be in good standing at the time of enrollment and at the time of reward redemption. Good standing includes having all membership plan fees paid and up-to-date.
- You may have more than one SkyCaddie® device and membership registered to your account; however, we reserve the right to limit in our discretion the number of points that may be accumulated in one account, and we may require you to separate SkyCaddie® devices and memberships into separate accounts for purposes of the program.
Reward Points Accrual Generally
- Points may not be redeemed until they accrue to your account. Points are deemed accrued to your account when they are posted to your account by us.
- All points shall expire one year from the date they are accrued to your account, and points must be redeemed before they expire. Once expired, points cannot be redeemed, even if they appear on any account statement.
- Points, whether accrued or not, do not constitute the property of you or anyone else other than us. Points may not be transferred by operation or law or otherwise to any person or entity and cannot be transferred to any other account.
- Returns or any other transactions resulting in a credit to your account for purchases which earned points shall result in a commensurate reduction in points.
- Points from multiple accounts cannot be combined, and redemptions may only apply points from a single account towards the redemption.
- You may use accrued points only to receive discounts off products purchased at the SkyGolf SkyRewards™ Store found at www.skygolf.com.
No Cash Value and Expiration and Forfeiture of Points
- Points, whether or not accrued, have no cash value and may only be used for discounts off purchases made at the SkyRewards™ Store. Under no circumstances may points be redeemable or exchanged for cash or cash equivalents.
- Points must be used by you before they expire or before your account is terminated, cancelled or expires. Points not used before they expire or before your account is terminated, cancelled or expires shall be immediately forfeited without further liability to us. If your account is terminated, cancelled or expires and later reinstated, forfeited points will not be reinstated.
- If your account is not in good standing or you are within a grace period for renewal, and your account has not been terminated or cancelled, you may not redeem points until your account is brought into good standing or your account timely renewed before expiration of the grace period.
Reward Points Accrual
- Subject to our modification, you will earn points in accordance with the then current table set forth on the points page in connection with qualifying purchases, renewals or activities. Your current points balance can be found on your ClubSG (Beta) Dashboard at http://clubsg.skygolf.com.
- Points will be awarded based on the points table in effect at the time of the qualifying purchase, renewal or activity, and the points table may be modified from time to time by us. Purchases, renewals and activities that result in earned points may be added or deleted from time to time by us, and the amount of points earned for qualifying purchases, renewals or activities may be increased or decreased from time to time by us.
- We may reduce or decline to award points in connection with purchases or renewals that are purchased or renewed for less than the then normal price customarily charged for the item purchased or renewed, even though a different amount of points is indicated on the points table.
Special Reward Points Accrual Rules for Purchases of New SkyCaddie® Devices
- In the event points may be earned for a qualifying purchase of a new SkyCaddie® GPS rangefinder, these special provisions apply.
- To qualify, the SkyCaddie® device you purchase must be new, have been purchased from an authorized SkyCaddie® reseller, not be subject to a prior sale or have been previously registered and you must register the SkyCaddie® device to your account. Purchases of used SkyCaddie® devices, SkyCaddie® devices previously registered or SkyCaddie® devices purchased from non-authorized resellers, including online auction sites, do not qualify for the program. We may request that you provide proof of purchase to verify that your purchase is a qualifying purchase.
- Award of points for SkyCaddie® device purchases will only be made to consumer individuals who qualify for the program and whose purchase is a qualifying purchase, and will not be made to resellers, whether authorized resellers or not, or other non-consumers. SkyCaddie® devices purchased for resale are specifically excluded from the program.
- We may from time to time apply additional terms and conditions, including award of a lesser number of points, for SkyCaddie® devices purchased pursuant to special promotions.
- In the event a SkyCaddie® device purchase is subject to a money back guarantee period, we may delay accruing points to your account until the expiration of the money back period.
- Returns of qualifying SkyCaddie® devices will result in a commensurate reduction in points.
General Rewards and Point Redemption Information
- Requests for redemption of points must be made though the SkyRewards™ page at , using your account logon and password information. You are responsible for maintaining the privacy of your account logon and password information and for any program activity in which access is achieved through use of your logon and password information.
- All items for purchase with the use of points under the program ("program items") are subject to availability, and we do not guarantee that any program item will be available at the time of redemption or otherwise, even though the program item may be displayed in the SkyRewards™ Store or other communications. We may add, remove or modify program items any time, even after an attempted redemption for such program items. Certain program items are available only during the time periods described in the program communications (including the program website). Merchants participating in the program are subject to change. Program items have limited availability.
- Certain restrictions in addition to those set forth in these Terms and Conditions may apply to redemption for program items. Such additional restrictions will be set forth in program communications (including the program website).
- Once accrued points in your account have been redeemed, the points cannot be converted back into your account.
- Except as specifically noted in these Terms and Conditions, redeemed points and program items are not refundable, exchangeable, returnable, replaceable, redeemable or transferable for cash, credit, other program items or points under any circumstances.
- By redeeming points, you release us and our subsidiaries and affiliates from any and all liability regarding the redemption or use of points, program items or other participation in the program.
- Points must be redeemed in accordance with these Terms and Conditions and program communications.
- We reserve the right to modify or cancel any redemption of points at any time.
- Redemption of points for program items require an additional charge for shipping and handling.
Points Redemption Process
- The amount of points that may be used for each program item, and hence the total program item price discount, will vary by program item, as shown in each program item description listed in the SkyRewards™ Store. The amount of price discount relative to an amount of points is not based on a cash value of the points, and a cash value of points should not be inferred from the price discount offered.
- When making a purchase at the SkyRewards™ Store, you will be shown the total number of points that may be used for each program item and the total number of points you have in your account available for use. Program items may require a minimum amount of points to be applied and may only allow points applied in stated increments. You may not apply more points to a program item than the maximum amount stated for the item, but you may apply a lesser number if you do not have the maximum item number of points in your account, provided, however, in such event you must apply all remaining points in your account to the redemption. If you apply an amount of points less than the maximum for an item, the remaining price for the item will be recalculated. Each point may only be used one time, and proceeding to checkout is your authorization to SkyGolf to apply the number of points you have designated (up to the program item maximum) toward your purchase and to deduct such amount of points from your account.
- Please note any special instructions or restrictions as you request your redemption. All program items are only available while quantities last, and quantities are limited. No rain checks will be permitted.
- Program item product specifications are subject to change without notice.
- If a program item is unavailable, we will attempt to notify you as soon as practical and, if it will become available again, when it will become available. We reserve the right to substitute items of equal or greater value.
- Items ordered at the same time may arrive separately. Models pictured at the SkyRewards™ Store may be stock pictures. We will ship the most current comparable model available to the program. We are not responsible for typographical or pictorial errors.
- Points may not be combined with other offers, discounts or promotions.
- Any federal, state or local taxes applicable to your award or redemption of points, or your purchase of program items using redeemed points, are your sole responsibility and may be separately charged to your purchase or to you at any time by us.
Coupons
- With some program items, we may issue to you a coupon for redemption of the item or a discount on the item, which coupon would be presented to a merchant authorized by the product manufacturer to accept such coupons.
- Coupons may be in the form of a PIN number or other electronic device which will be sent to you via email. Terms, conditions and restrictions found in the email shall be considered part of the coupon, including expiration dates or other restrictions. Coupons in the form of a PIN number or other electronic device will be sent to you at the email address you provided in connection with your SkyCaddie® membership account. If your email address has changed, it is your responsibility to notify us, and we will not be responsible or liable if your email address has changed and you have not changed it in your SkyCaddie® membership account or for emails that are undeliverable for any reason.
- Coupons are valid only at the participating merchant and only for the product described.
- Coupons expire on the expiration date printed on the coupon, are valid only through the expiration date and must be redeemed for the described item before the expiration date. Coupons not redeemed before the expiration date will not be reissued and the commensurate number of points will not be re-credited to your account. You are solely responsible to redeem the coupon for the described item before the expiration date. Expiration dates for coupons vary by merchant and program item.
- In addition to these Terms and Conditions, coupons and the redemption of coupons are subject to the terms, conditions and restrictions printed on the coupon and any additional terms, conditions and restrictions of the participating merchant. Please carefully note any such additional requirements.
- We have attempted to comply with all requirements of participating merchants regarding acceptance of coupons; however, acceptance of coupons is the sole responsibility of the participating merchant, not us, and we assume no liability in the event a merchant does not accept a coupon. In the event a participating merchant refuses to accept a coupon that is presented for redemption before its expiration date, our sole responsibility and liability will be to re-credit your account for the amount of points used to obtain the coupon. In addition to the product availability restrictions in these Terms and Conditions and any other terms, conditions and restrictions of the participating merchant, coupons are subject to product availability of the participating merchant.
- Responsibility for the protection and security of coupons is solely yours. We will not be responsible for lost, stolen, mutilated or destroyed coupons. Replacement coupons will not be issued in the event a coupon is lost, stolen, mutilated or destroyed. Photocopies of coupons will not be honored.
- Coupons are not valid toward previous purchases and cannot be combined with any other promotional offers.
- Coupons have no cash value and may not be redeemed for cash or its equivalent, and any unused portion will not be returned as cash and points will not be re-credited to your account.
- Coupons are not transferable and may only be used by you. Coupons are issued solely in connection with the SkyRewards™ promotional and loyalty program. Coupons are void where prohibited by law.
- Coupons, or the redemption of coupons, do not include any federal, state or local taxes, which are your sole responsibility at time of redemption.
Program Items Issued through Destination Rewards and HotelSavingsBucks.com
Some program items are issued or redeemed through hotelsavingsbucks.com. Program items issued or redeemed through hotelsavingsbucks.com are subject to the additional terms and conditions of hotelsavingsbucks.com, which can be found by clicking on the Terms and Conditions link found at www.hotelsavingsbucks.com and which are incorporated herein by reference.
Product Warranty
Most of the program items found at the SkyRewards™ Store are not manufactured by or for us, and we exercise no control over the design, testing, manufacture, packaging or labeling of those program items. AS TO ANY PROGRAM ITEM PURCHASED FROM THE SKYREWARDS™ STORE, WE MAKE NO WARRANTIES, EXPRESSS OR IMPLIED, AND WE EXPRESSLY EXCLUDE ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.
Limitation of Liabilities
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU FOR THE PROGRAM ITEM PURCHASED FROM THE SKYREWARDS™ STORE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE A PROGRAM ITEM PURCHASED FROM THE SKYREWARDS™ STORE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXTENT OF OUR LIABILITY HEREUNDER OR IN CONNECTION WITH ANY PROGRAM ITEM PURCHASED FROM THE SKYREWARDS™ STORE SHALL BE THE LESSER OF (1) THE REMEDIES PERMITTED BY THE ORIGINAL MANUFACTURER’S WARRANTY OR (2) THE REPAIR OR REPLACEMENT OF SUCH PROGRAM ITEM, OR, AT OUR OPTION, RETURN OF THE ACTUAL CASH PURCHASE PRICE (NOT TO INCLUDE REFUND OR RETURN OF ANY POINTS USED IN CONNECTION WITH THE PURCHASE OF SUCH PROGRAM ITEM) PAID FOR SUCH PROGRAM ITEM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Privacy Policy
The information you provide to us will be handled according to our Privacy Policy, which can be found at www.skygolf.com, except that we may share such information with our SkyRewards™ Store fulfillment partners.
Program Items Returns Policy
- All redemption of points for program items are final, and program items may not be returned or exchanged except in accordance with the original manufacturer’s warranty, if any. We will endeavor to include the manufacturer’s return policy with the program item description. If the manufacturer’s return policy is not found with the program item description, you should contact our Customer Service Department at customerservice@skygolf.com or 1-866-SKYGOLF (1-866-759-4653) for information relating to defects covered by the original manufacturer’s warranty.
- Certain program items may also be covered by the returns policy of our fulfillment partners. Any such additional policies can found on this website [here] or in the program item description.
- Except for returns covered by the original manufacturer’s warranty which are to be returned directly to the original manufacturer, we may instruct you to send program items covered by the original manufacturer’s warranty to our fulfillment partner for handling.
- If program items are accepted for return, the returned item must include batteries, cables, remote controls and any other items that originally accompanied the product.
General
- Fraud or abuse relating to the accrual or redemption of points may result in forfeiture of accrued points as well as cancellation of your account and any SkyCaddie® membership.
- The program is intended to be a service provided to an individual, not a company. It is therefore considered fraudulent and abusive for any individual or company to (i) direct or compel any individual to redeem points for company use or (ii) to direct, compel, encourage or allow a single account for the purpose of accumulating points for company use.
- All questions or disputes regarding eligibility for the program, eligibility of points for accrual, conversion of points or redemptions of points will be resolved by us at our sole discretion.
- We are not responsible for typographical errors and/or photographic errors and/or omissions in program item descriptions or depictions in the SkyRewards™ Store.
- The program and these Terms and Conditions are governed by and construed under the laws (excluding conflicts of law provisions) of the State of Mississippi, USA.
Arbitration
- This Arbitration section sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court.
- As used in this Arbitration section, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to your participation in the program, these Terms and Conditions or any other related or prior agreement that you may have had with us, including the validity, enforceability or scope of this Arbitration section and whether any matter is subject to arbitration hereunder. For the purposes of this Arbitration section, "you" and "us" also include any corporate parent, or wholly or majority-owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of “Claims.” “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the program if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) your account or any point balances on your account, (b) advertisements, promotions or oral or written statements related to the program or any program item or (c) the redemption for and use of any points. As used in this Arbitration section, “you” and “us” also include any corporate parent, wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, assignees and all agents, employees, directors and representatives of any of the foregoing, and other persons referred to above in the definition of “Claim.”
- Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration section and the code of procedure of the national arbitration organization (the “Code”) to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either JAMS (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614; website: jamsadr.com. AAA, 335 Madison Avenue, New York, NY 10017; website: adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. Sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
- IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM OR TO HAVE THE CLAIMS RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHERMORE, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
- If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class-action basis or on any basis involving Claims brought in a purported representative capacity on behalf of the general public, other program participants or SkyCaddie® members or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to awards to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties.
- This Arbitration section is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief-written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of either party’s request will be at the sole discretion of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall not, however, have the authority to award punitive or exemplary damages. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall reconsider anew any aspect of the initial award requested by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
- Any arbitration hearing that you attend shall take place in the federal judicial district of a neutral district selected by the arbitrator with due regard to the convenience of the parties.
- This Arbitration Provision shall survive termination of the program or your participation in it. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration section, these Terms and Conditions or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
Revised 05/24/2012