Please carefully read these Dial An Exchange™ (“DAE”) Rewards Loyalty Program (the “Loyalty Program”) terms and conditions (“Terms and Conditions”) and print or save copies for your files. By enrolling in and using the Loyalty Program, you agree to these Terms and Conditions as set forth on the daelive.com “Website,” as well as the additional terms and conditions of the Loyalty Program provided on the Website or otherwise promulgated by DAE (collectively, the “Loyalty Program Rules”), which Loyalty Program Rules are incorporated herein by this reference and are part of these Terms and Conditions.
1. General Terms and Conditions:
a) Definitions. The terms “you”, “your”, “yours”, and “participant” throughout these Terms and Conditions refer to any DAE member (“DAE Member”) who enrolls and participates in the Loyalty Program, while “we”, “us” and “our” refer to DAE. “Affiliates” refers to any companies or organizations controlling, controlled by, or under common control alongside, DAE.
b) Loyalty Points. Participants can participate in the Loyalty Program to earn reward loyalty points (“daeRewards”) for booking and completing eligible purchases. Earned daeRewards accumulate in an account (your “Program Account”), which is linked to your membership in both DAE’s exchange program (the “DAE Exchange Program”) and the Loyalty Program, and available to access at the Website. Earned daeRewards can be redeemed for certain redeemable products subject to these Terms and Conditions and the Loyalty Program Rules through the Website or through calling 1-800-468-1799 (the “Call Center”).
c) Benefits Subject to Availability. All benefits and privileges of the Loyalty Program (“Loyalty Program Benefits”), including the ability to redeem daeRewards, are subject to availability. DAE does not guarantee the continued participation of any provider, or the continued availability of any particular redemption opportunity. Loyalty Program Benefits are subject to availability and include, without limitation, access to different levels of pricing for products and services depending on your Loyalty Program Tier (as defined below), including increases in daeRewards and decreases in pricing for products and services for Participants who purchase a Gold Advantage (as defined below) or Gold Advantage Select (as defined below) level of participation. The Loyalty Program Rules govern the Loyalty Program Benefits applicable to each Loyalty Program Tier.
d) Severability. The Loyalty Program (including the earning and redemption of daeRewards) is offered in good faith, but will not be available where prohibited or restricted by applicable law or regulations. In the event that any portion of these Terms and Conditions is held to be unlawful or unenforceable, such portion will be deemed deleted from these Terms and Conditions in the applicable jurisdiction and the remaining provisions will remain in force. All disputes which cannot be resolved between the parties, and causes of action arising out of, or connected with, the Loyalty Program shall be resolved individually, without resort to any form of class action.
e) No Interests Granted. Through the Loyalty Program, Participants have no property rights or other legal interests in DAE or any of our respective Affiliates, operating subsidiaries, or any other companies by virtue of participation in the Loyalty Program or otherwise. Participants are wholly responsible for any personal tax liability that may arise from participation in the Loyalty Program and redemption of daeRewards.
f) Waiver of Breach. Should we waive any breach by you of these Terms and Conditions or the Loyalty Program Rules, it shall not be deemed a waiver of any other prior or subsequent breach. Our failure to insist upon strict compliance with these Terms and Conditions or the Loyalty Program Rules by any Participant shall not be deemed a waiver of any rights or remedies that DAE may have against that Participant or any other Participant. If we should waive any rights under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.
2. Modification of Terms:
a) Right to Modify. We reserve the right to modify these Terms and Conditions and the Loyalty Program Rules from time to time in our sole discretion. Modifications may be reviewed by clicking on the Terms and Conditions tab located on the bottom of the home page of the Website, and any updated Terms and Conditions or Loyalty Program Rules made available will supersede all previous versions of these Terms and Conditions. By continuing to use the service after we post any such modifications, you accept these Terms and Conditions and the Loyalty Program Rules, as modified.
b) Changes to Loyalty Program Benefits. We reserve the right to modify, cancel, suspend, or terminate the Loyalty Program and/or any Loyalty Program Benefits, the participating providers, or to change fees at any time, with or without notice to you, even though your ability to use any daeRewards or Loyalty Program Benefits you have already earned may be affected. Modifications may include changes to the following, which are presented by way of example and without limitation: the rules for earning and redeeming daeRewards, the expiration policy for daeRewards and any one or more Loyalty Program Benefits for which daeRewards may be earned and redeemed.
c) Promotions. We may run promotions from time to time that provide enhanced Loyalty Program Benefits to certain Participants, based on the Loyalty Program Tier of those certain Participants or otherwise in our sole discretion, including, without limitation, the ability to earn bonus daeRewards on a promotional or incentive basis for select purchase opportunities. These offers are temporary in nature and we reserve the right to modify or discontinue any such offers at any time. Such offers are void where prohibited by law.
3. Eligibility and Enrollment:
a) Eligible Individuals. Only individuals who are actively enrolled as a DAE Member in good standing with the DAE Exchange Program are eligible to participate in the Loyalty Program. These Terms and Conditions are separate and distinct from the DAE Exchange Program’s Disclosure Guide and Membership Terms and Conditions, which may be found at https://daelive.com/legals/disclosure and https://daelive.com/legals/terms.
b) Void Where Prohibited. The Loyalty Program will not be offered in jurisdictions where participation is prohibited or restricted by law and individuals residing in any such jurisdiction are ineligible to participate or enroll in the Loyalty Program. Existing Participants who become or are discovered to be residents in such jurisdictions will have their membership in the Loyalty Program terminated by DAE immediately upon it becoming aware thereof.
c) Program Accounts. Participants may not maintain multiple Program Accounts. Program Accounts may only be used by, and daeRewards may only be redeemed by, the Participant whose name, or names, is/are listed on your Program Account. You are responsible for all activity in your Program Account through the use of your Loyalty Program membership by another person, regardless of relationship; therefore, you agree not to give your Program Account information to another person. You may not assign or otherwise transfer your Program Account, daeRewards, Loyalty Program Benefits, or Redemption Vouchers.
4. Termination of Loyalty Program:
The Loyalty Program has no predetermined termination date and may continue until such time as we decide to terminate the Loyalty Program. We may terminate the Loyalty Program at any time. Upon termination, we will use reasonable efforts to allow you, for 90 days from the date that termination of the Loyalty Program is announced, to use available daeRewards remaining in your Program Account. After that date, any remaining daeRewards will be unequivocally forfeited without compensation.
5. No Guarantee:
a) Generally. We make no guarantees, warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, quality, or fitness of daeRewards or Loyalty Benefits provided in connection with the Loyalty Program, whether through the Website, Call Center or otherwise.
b) Accuracy of Information. We and our Affiliates do not guarantee the accuracy of information and descriptions of resorts, hotels, airlines, cruises, cars or other products or services displayed on the Website or otherwise offered in connection with the Loyalty Program (including, without limitation, resort and/or hotel amenities listed, photographs, or product descriptions), because this information is supplied by the respective providers. We and our Affiliates are not liable for any inaccuracies in such information and descriptions. We and our Affiliates do not guarantee the accuracy of resort and/or hotel ratings; these are intended only as general guidelines. Changes may be made on the Website at any time by us, our Affiliates and our providers.
c) No Endorsement or Recommendation. The offering for redemption or sale of any products or services does not constitute an endorsement or recommendation by DAE or our Affiliates.
d) Void Where Prohibited. The earning and redemption of daeRewards are void where prohibited by applicable federal, state, or local laws, regulations or orders and are subject to change as may be necessary to comply with such laws or regulations.
6. Program Account:
a) No Vested Rights. The accumulation of daeRewards in your Program Account, as well as the receipt of a Redemption Voucher, does not entitle you to any vested rights with respect to DAE or any Loyalty Program Benefits.
b) Non-transferrable. daeRewards, Loyalty Program Benefits and Redemption Vouchers may not be assigned, sold, pledged or transferred to any third party. Upon the death of a Participant, we will have sole discretion with regard to the transfer of any unredeemed daeRewards, Loyalty Program Benefits or Redemption Vouchers.
c) Suspicious Account Activity. We reserve the right to monitor all Program Account activity. If your Program Account shows signs of fraud, abuse or suspicious activity, you may lose your accrued daeRewards, Loyalty Program Benefits and/or Redemption Vouchers and your Program Account may be temporarily or permanently closed or frozen immediately.
d) Contact Us. If you have been assigned in error, or if there is any indication that your Program Account has been the subject of any suspicious activity, please contact us immediately at the Call Center.
e) Accuracy of daeRewards Points. If your Program Account does not reflect the correct number of daeRewards that you should have been assigned as determined solely by us, we reserve the right to adjust your daeRewards balance. If you believe that daeRewards have not been properly posted to your Program Account, you must inform us within 180 days after the qualifying transaction for which you are claiming that daeRewards should have been posted and provide proof of such transaction acceptable to us. Any and all adjustments shall be made in our sole and absolute discretion.
7. Loyalty Program Termination:
a) Termination by Participant. You may terminate your Program Account and your membership in the Loyalty Program at any time by delivering notice to: DAE Rewards Administration 7720 N. 16th St Suite 400 Phoenix, Arizona, USA 85020.
b) Right to Terminate. We reserve the right to terminate the membership in the Loyalty Program and the Program Account of any Participant that we, in our sole discretion, reasonably believe (i) is using the Loyalty Program in a manner that violates these Terms and Conditions or Loyalty Program Rules, (ii) has acted in a manner inconsistent with applicable laws, ordinance, regulations, or Benefit Terms and Conditions (as defined below) (iii) has engaged in fraud or abuse concerning daeRewards or Loyalty Program privileges and benefits.
c) Legal Action. If fraudulent activity is discovered, we reserve the right to take necessary legal action. In addition, you may be liable to us for monetary losses, including, without limitation, litigation costs and damages and reasonable attorney’s fees, and, solely at our option, you may be denied future participation in the Loyalty Program.
d) Reinstatement. If your Program Account is terminated by us through your termination request, you may reapply for a Program Account at a later date. We may, in our sole discretion, choose to reinstate your previously accumulated daeRewards, Loyalty Program Benefits and/or Redemption Vouchers in exchange for a fee, to be disclosed prior to reinstatement.
e) Forfeiture Upon Termination. In the event that your Program Account is terminated (whether by you or by us), termination shall not relieve you of any obligations as may be owed to DAE or its Affiliates, and any daeRewards in your Program Account, Loyalty Program Benefits, Redemption Vouchers and payments made (if any) in furtherance of Program Benefits will be subject to forfeiture in our sole discretion.
8. Loyalty Program Participation Loyalty Program Tiers:
There are currently three Loyalty Program benefits tiers (each, a “Loyalty Program Tier” and collectively the “Loyalty Program Tiers”), Free, Gold Advantage and Gold Advantage Select.
a) Price Match Guarantee. The Loyalty Program offers a price match guarantee for Gold Advantage Select Loyalty Program Tier Participants on nightly stays. This guarantee applies only to resort and hotel accommodations rates accessed through the Website. It does not apply to exchange fees, daeOptions, or Rental accommodations accessed through the DAE Exchange Program. If you find a better rate you must show proof, in writing, that the better rate is being offered for the exact same resort property, location, building, room type, and date, and we will match such rate.
9. Earning daeRewards:
a) Generally. The accumulation and redemption status of your daeRewards can be reviewed by accessing the Website, logging in with your Program Account, and visiting the “Account” section. daeRewards can be earned on certain transactions as defined by us and can change at any time at our sole discretion. The rates and transactions that allow Participants to accrue daeRewards differ by Loyalty Program Tier. To see the most updated list of eligible rates and transactions please see the current Loyalty Program Rules.
b) Eligible Transactions. You can earn daeRewards for every U.S. Dollar spent on the Website or through the Call Center by purchasing the following products and services:
i. DAE Exchange Program Exchanges and the exchange-related cancellation protection option (“CPO”), Bonus Weeks, Rental Weeks, bedroom upgrades, and timeshare week deposits;
ii. Nightly Stays / Accommodations bookings for which the Participant completes the full stay (subject to Section 9.d. below);
iii. Recreation, activities and excursions;
v. On-line shopping purchases via the Website (Gold Advantage Select Loyalty Program Tier only);
vi. Car rentals;
vii. Other promotional products and services as specified from time to time.
c) Ineligible Transactions. Transactions that are not eligible to earn daeRewards points include airfare purchases, products and services other than those set forth in (b) above which are not specified as being eligible, and other products and services that are set forth in (b) above but are specified by us from time to time as ineligible for daeRewards.
d) Eligibility for Nightly Stays / Accommodations Bookings. daeRewards may be earned for most rates paid for occupied accommodation room nights other than the following non-eligible room rates: employee rates, friends & family rates, tour operator rates, wholesale rates, crew room rates, certain negotiated corporate and group rates, and room rates billed to a master folio or master account.
e) Provider Opt-out. If a participating provider of products or services opts out of the Loyalty Program, any daeRewards previously earned with that provider will still be honored by us. However, that provider’s products or services will no longer be available for future earning or redemption of daeRewards.
10. Effectiveness of Earned daeRewards:
Except as otherwise provided herein, earned daeRewards will generally appear in your Program Account within up to 45 days after your check-out date (or completed travel date) or after your payment for goods, services, or other merchandise, as applicable. daeRewards may not be used for redemption until they appear as available daeRewards on your Program Account summary; pending daeRewards may not be used towards redemption. You may not earn daeRewards from the payment of taxes and certain other fees. The following rules and guidelines also apply:
a) Exchange, Bonus, and Rental Week Bookings. Earned daeRewards accumulated from Exchange, Bonus, or Rental Week bookings will generally appear in your Program Account within 48 hours after your check-out date (or completed travel date). However, some promotional offers may take up to 45 days to appear in your Program Account.
b) Timeshare Week Deposits. Earned daeRewards accumulated from timeshare week deposits will appear in your Program Account when your week is verified as deposited with your resort and you receive a DAE exchange credit in the DAE Exchange Program.
c) Other Products and services. Earned daeRewards for other products and services not identified in this section will generally appear in your Program Account within 48 hours of your payment to the provider of goods or services. However, in some cases, earned daeRewards from transactions with certain providers can take up to 45 days to appear in your Program Account.
d) Cancellation. If a transaction for which you are eligible to earn daeRewards is cancelled, all daeRewards associated with such cancelled transaction will be forfeited and removed from your Program Account.
11. Expiration of daeRewards:
daeRewards expire 3 years after the date of the qualifying transaction for which the daeRewards were earned. If daeRewards are redeemed for Redemption Vouchers to be applied against DAE Core Products (including exchanges, bonus and rental weeks, CPOs, upgrades, and credit extensions), the issued Redemption Voucher will expire twelve (12) months from its date of issuance or such other date as provided on such Redemption Voucher or as required by applicable law.
a) Active Enrollment Requirement. Participants must be actively enrolled as DAE Members in the DAE Exchange Program to redeem daeRewards for certain products and services with participating providers through the Website or Call Center.
b) You can redeem daeRewards on the Website or through the Call Center (without obtaining a Redemption Voucher) for the following Services and Benefits: i. Nightly Stays / Accommodations bookings (Gold Advantage Select Loyalty Program Tier only);
ii. Recreation, activities and excursions (Gold Advantage Select Loyalty Program Tier only);
iii. Cruises (Gold Advantage Select Loyalty Program Tier only);
iv. On-line shopping purchases via the Website (Gold Advantage Select Loyalty Program Tier only);
v. Car rentals (Gold Advantage Select Loyalty Program Tier only);
vi. Gift cards (Gold Advantage Select Loyalty Program Tier only); and
vii. Other promotional items as specified from time to time.
c) DAE Core Products; Redemption Voucher Process. Redemption of the following “DAE Core Products” with your daeRewards is subject to the following voucher redemption. You must redeem your daeRewards to obtain a certificate, confirmation, or voucher (a “Redemption Voucher”) through the Website or Call Center. Redemption Vouchers will be provided via email or via posting to your Program Account and the related Loyalty Program Benefits shall not be available until your receipt of such Redemption Voucher. A Redemption Voucher can then be redeemed through the Call Center for the following Loyalty Program Benefits (subject to availability and redemption of the required number of daeRewards):
DAE Exchange Program Exchanges and the exchange-related cancellation protection option (“CPO”), Bonus Weeks, Rental Weeks, bedroom upgrades and timeshare week deposit credit extensions.
d) Benefit Terms and Conditions; Reservation of Rights. Because many of our Loyalty Program Benefits have their own characteristics which may be distinguishable from other Loyalty Program Benefits, we reserve the right to promulgate separate rules for each Loyalty Program Benefit (as to each Loyalty Program Benefit, the “Benefit Terms and Conditions”). Benefit Terms and Conditions may change from time to time without advance notice and may be based on contractual obligations, laws, regulations, and orders governing each Loyalty Program Benefit, including without limitation any applicable zoning regulations and governing documents and include rules imposed by third party providers of the Loyalty Program Benefit. Benefit Terms and Conditions will be included on the website and/or otherwise provided at or prior to the time of receipt of the Redemption Voucher. By agreeing to be bound by these Terms and Conditions and by your participation in the Loyalty Program, you agree to comply with, and acknowledge that the use and occupancy of each Loyalty Program Benefit by each Participant is subject to all applicable Benefit Terms and Conditions. The Benefit Terms and Conditions applicable to any Program Benefit may include a refundable deposit, expiration and blackout dates, use and other restrictions, and special terms. In addition, all expenses and incidental costs not expressly stated herein or in the terms and conditions of the provider of the Loyalty Program Benefit, including by not limited to, ground transportation, meals, incidentals, upgrades, passenger tariffs or duties, surcharges, airport fees, third party service charges or facility charges, personal charges as lodging, security fees, taxes, or other third party expenses will be the sole responsibility of the Participant. daeRewards may be redeemed on certain transactions as defined by DAE and can change at any time at the discretion of DAE. The Loyalty Program redemption rates and redeemable transactions differ by Loyalty Program Tier. To see the most updated list of redemption rates and redeemable transactions please see the current Loyalty Program Rules.
e) No Cancellation or Refund. No refund will be given in the event a Participant or Participant’s guest fails to check-in for an active booking. Unless otherwise stipulated in a CPO (as discussed in the next paragraph), once redemption has occurred, a reservation resulting from a Redemption Voucher cannot be cancelled or refunded, and daeRewards credit shall be forfeited and given no further force and effect.
f) Cancellation Protection Option. daeRewards will be returned to you on a cancelled timeshare exchange only if CPO is purchased during the exchange purchase transaction, regardless if CPO is obtained through daeRewards or through another method of payment. If the qualifying exchange transaction with CPO is cancelled at least 48 hours prior to check-in, the related redeemed daeRewards will be refunded to your DAE Exchange Program Account in the form of a cash credit. The cash credit can be applied towards your next DAE Exchange Program Exchange and the exchange-related CPO, Bonus Week, Rental Week, bedroom upgrade purchase or timeshare week deposit credit extension transaction.
g) Rewards Exceeding Transaction Redemption Value. When redeeming daeRewards, if the value of the redeemed awards is more than the cost of the redeemed transaction, a credit will be granted to your DAE Exchange Program Account in the amount of such difference. That cash credit can then be applied towards your next DAE Exchange Program Exchange and the exchange-related cancellation protection option ("CPO"), Bonus Week, Rental Week, bedroom upgrade purchase or timeshare week deposit credit extension transaction.
h) No Cash Value. daeRewards and Redemption Vouchers cannot be redeemed for cash and have no cash value, residual or otherwise.
i) No Additional Discounts. daeRewards and Redemption Vouchers cannot be used in combination with any other discounts, certificates, coupons, upgrades, promotions, or awards.
j) Non-Transferable. daeRewards and Redemption Vouchers are promotional items, and as such, are void if transferred, sold for cash or other consideration, altered, or copied, and cannot be reissued if destroyed, lost, or stolen, and are invalid where prohibited by law.
k) Booking. The redeemed daeRewards will be deducted from your Program Account at the time of booking. You will receive an email confirmation of your daeRewards redemption at the email address associated with your Program Account.
l) Values Subject to Change. We have the sole right to determine the value and number of daeRewards required for any redemption for all Loyalty Program Benefits, and these values are subject to change without notice. The value and number of daeRewards required to book a Loyalty Program Benefit stay at any given participating provider of accommodations will vary based on time, length of stay, season, demand, and other factors as determined solely by DAE from time to time, and such values are subject to change without notice. The value and number of daeRewards required to receive other Loyalty Program Benefits will vary based upon such factors as may be determined solely by DAE from time to time, and such values are subject to change without notice.
m) The value and number of daeRewards required to receive Loyalty Program Benefits at any given time does not guarantee or imply that the same or similar Loyalty Program Benefits will be available in the future, or for the equivalent value or number of daeRewards.
13. Website Use:
a) Website Content. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the “Content”) on our Website is our property, the property of our Affiliates, or used with express permission of the copyright/trademark owner, and is protected by copyright and other intellectual property laws. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape, remove, or display our Content for use on another website or service. Any exploitation of the Website or its contents, including but not limited to, modifying, publishing, transmitting, creating derivative works, or participating in the transfer or sale thereof is expressly prohibited. Any download or save function in connection with copyrighted material is for personal, non-commercial use only.
b) Website “As Is”. We do not represent or warrant that you will have continuous or uninterrupted access to our Website or that the functions of our Website will be error-free. Our Website is provided to you “as is” and “as available,” and DAE and its Affiliates make no representation or warranty relating to the Website, including, without limitation, its performance, availability, content, or functions. Your sole remedy for any failure or non-performance of our Website shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Website.
c) Links or Pointers to Other Websites. DAE makes no representations about any other website that you may access through our Website. When you access a website not controlled by DAE, please understand that it is independent from us, and that we have no control over the content thereon. In addition, a hyperlink to a website not controlled by DAE does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is your responsibility to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you access any third party website linked to our Website, you acknowledge and agree that you do so entirely at your own risk.
14. Assumption of Risk, Limitation of Liability, Indemnification, and Release:
a) Assumption of Risk. By accepting these Terms and Conditions, you agree to ASSUME ALL RISKS associated with your use and enjoyment of the Website, the Loyalty Program, and the Loyalty Program Benefits. Further, your acceptance is undertaken with full knowledge that your use and enjoyment of the Loyalty Program Benefits can be hazardous and presents a risk of possible damage to property or personal injury and/or death. You accept any and all risk of injury or death sustained by you or any User while in occupancy or using any Loyalty Program Benefit or otherwise directly or indirectly related to the Loyalty Program, the Website, or your Program Account.
b) Limitation of Liability. In no event will DAE or any of its Affiliates, and all their respective members, managers, officers, directors, employees, agents or third party service providers, property owners, insurance companies, successors in interest, commercial and corporate sponsors, representatives, and assignees (each hereinafter a “Released Party”) be liable for, and you hereby release the same from and waive all claims whatsoever for:
i. any consequential, indirect, incidental, special, or punitive damages, under any legal theory including, but not limited to, breach of contract or negligence (including, for example, consequential damages relating to the cancellation of any Loyalty Program Benefits or Loyalty Program Tiers);
ii. any personal or bodily injury, damage, accident, loss or theft of personal property that occurs in connection with your use and occupancy of Loyalty Program Benefits, the Website, or your Program Account; and
iii. any damages, losses, penalties, expenses or costs resulting from any act or omission of any other individual or entity providing products and/or services in connection with the Loyalty Program; and any liability of such persons in connection with any claim or action arising out of or in connection with your Program Account and/or the Loyalty Program shall be limited to reimbursement of amounts which you have paid to DAE hereunder.
c) Indemnification. In consideration of your Program Account and allowing you to use the Loyalty Program Benefits, you agree to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY each Released Party from any and all loss, cost, damage, liability (including reasonable attorney's fees) and/or claims (collectively, “Claims”) asserted, threatened, arising from, related to, or in connection with (i) any injury or death to persons or damage to property arising from your use and Loyalty Program Benefits or otherwise directly or indirectly related to your Program Account or the Loyalty Program; (ii) the above-described risks to you or any other Participant; (iii) your or any Participant’s breach of these Terms and Conditions or any other DAE document; (iv) any fraud committed by you or any Participant; (v) any damage to a Loyalty Program Benefit or other property caused by you or any other User; (vi) any violation of laws or rights of a third party by you or any User; (vii) the unauthorized use of your Program Account or the Website by any third party; and (viii) any act or omission of a Released Party, in each case unless the same results from the gross negligence or willful misconduct of a Released Party. You also agree to take full responsibility for any injury or loss, including death, to you or any Participant which you or any Participant may suffer, arising in whole or in part out of your use of the Loyalty Program Benefits, the Loyalty Program, the Website, or your Program Account, including those injuries and damages caused by any Released Party’s alleged or actual negligence or breach of any express or implied warranty. By accepting these Terms and Conditions, you agree NOT TO SUE A RELEASED PARTY and agree you are RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY RELEASED PARTY. You acknowledge that you are also agreeing to this release on behalf of your minor child(ren) as a parent or legal guardian, and that you are WAIVING CERTAIN RIGHTS ON BEHALF OF YOUR MINOR CHILD(REN) that the minor child(ren) otherwise may have and that the minor child(ren) shall be bound by all the terms of this release and these Terms and Conditions. We reserve the right, at your expense, to assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with us in such defense. d) Disclaimer of Warranties of Merchantability and Fitness for a Particular Purpose. DAE makes no warranty, express or implied, with respect to any of the Loyalty Program Benefits or other products or services available for redemption or purchase, or information delivered or provided to you, including any warranty of merchantability or fitness for a particular purpose. You release us, our Affiliates, and any providers from all liability regarding the earning, redemption, and use of daeRewards, including any daeRewards that, after receipt, may be lost, stolen, or destroyed. All participating providers are in no way affiliated with, or responsible for, the administration of daeRewards.
15. Electronic Signature Consent:
(a) Consent. DAE requires that your Program Account enrollment be electronically processed and that, except as otherwise herein provided, all of our written communications to you be conducted by electronic means. By accepting these Terms and Conditions and submitting your Program Account enrollment you affirmatively consent and agree (initially and on an ongoing basis) that we may electronically provide to you these Terms and Conditions, the Loyalty Program Rules, and all other disclosures, agreements, contracts, rules and regulations, account statements, reservation and other receipts, modifications, amendments and all other documents relating to your Program Account and the Loyalty Program (collectively, “Electronic Records”), including, for example, receipt of any amendment or updates to these Terms and Conditions and the Loyalty Program Rules and any disclosures required by law. All Electronic Records may be delivered to your Provided Email Address (as defined below) or we may post such Electronic Records on our Website. If we post Electronic Records on our Website, we will send a message to your Provided Email Address alerting you thereto. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file. Electronic notices shall have the same effect as if sent to you in paper form.
(b) Scope and Withdrawal of Consent. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all Electronic Records. Your agreement also permits the general use of electronic signatures in connection with your Program Account, and by accepting these Terms and Conditions you agree to be bound whenever you or anyone representing themselves as you by accessing your Program Account clicks on an “Agree”, “Accept” or similar button on the Website, at which time a valid, binding and enforceable electronic contract will be formed. The withdrawal of your consent to electronically do business with us will result in the termination of your participation in the Loyalty Program. Withdrawal may be performed by submitting a tangible, non-electronic request to us at DAE Rewards Administration, 7720 N. 16th St Suite 400, Phoenix, Arizona, USA 85020, Attn: Electronic Records, and subsequently confirming such request via telephone. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records. (b) Paper Copy. You have a right to receive a paper copy of these Terms and Conditions, the Loyalty Program Rules, and any other Electronic Records if applicable law specifically requires us to provide such documentation. To request a paper copy you must submit a tangible, non-electronic request to us at DAE Rewards Administration, 7720 N. 16th St Suite 400, Phoenix, Arizona, USA 85020, Attn: Electronic Records, with the details of your request. Paper copies will be provided to you at no charge within fourteen (14) days of receipt of the written request.
(c) Equipment and Software Requirements. To receive Electronic Records and to access our Website, you need to have a computer with (i) access to the Website, (ii) Microsoft Internet Explorer 7.0 or higher or Google Chrome or Mozilla FireFox or Safari, and (iii) Adobe Acrobat Reader 3.0 or higher. By enrolling in the Loyalty Program, you represent that you have such equipment and software and that you are able to download, access, read, review, print and store the Electronic Records we provide to you. We will notify you in the event that we change hardware or software requirements which will materially affect your ability to access any Electronic Records.
(d) Email Communication. You agree to maintain the e-mail address provided with your Loyalty Program enrollment or any substitute therefor or, at the discretion of DAE, another means of communication (collectively, your “Provided Email Address”) as a valid, active email address. If you fail to maintain a valid Provided Email Address, then any notice we send to your old email address shall be deemed sufficient notice. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.
Processing of your personal data is subject to our Privacy Notice found at https://daelive.com/legals/privacy, which is hereby incorporated by reference.
17. Acceptance of Terms and Conditions:
By enrolling and/or participating in the Loyalty Program and/or accessing the Website, you represent, warrant and agree that: a) you have read and understood, and hereby accept these Terms and Conditions and DAE’s Privacy Notice b) you are eligible to participate in the Loyalty Program; and c) you consent to our processing and use of your personal information, and disclosure of such information to third parties in accordance with our Privacy.
18. Choice of Law; Arbitration:
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Arizona, USA without regard to its conflict of laws provisions. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Loyalty Program, the Website, these Terms and Conditions, or the Loyalty Program Rules will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes. The arbitration will take place in Maricopa County, Arizona. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce these Terms and Conditions, the Loyalty Program Rules, or any other DAE document, the prevailing party will be entitled to costs and attorney’s fees. In the event that any terms of these Terms and Conditions, the Loyalty Program Rules, or any other DAE document are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so the Loyalty Program, the Website, these Terms and Conditions, the Loyalty Program Rules, and any other DAE document shall otherwise remain in full force and effect.
Last updated October 2018