Below are our complete terms and conditions for the Tapper's Platinum Rewards Program. Please read these terms and conditions carefully, as they outline everything you need to know about the program, including applicable rules for participants.
Please carefully read this Membership Agreement ("Agreement") before activating your Tapper's Platinum Rewards Membership account. It is an agreement between you ("Member" or "You") and Tapper's Fine Jewelry, Inc. ("Us" or "We" or "Tapper's"), providers of the Tapper's Platinum Rewards Program ("Program"), and sets forth the Terms and Conditions of Service governing Membership in the Program and any of Tapper's Member Services. Collectively, these offerings, promotions, Member Services, access to the Platinum Rewards web page and your Platinum Rewards Member account, etc., constitute the whole of the Program. By completing the online Enrollment Form and clicking on the "I accept" icon on our web page; OR by completing, signing and submitting a written Enrollment Form to Tapper's at 6337 Orchard Lake Road, West Bloomfield, Michigan 48322-2336; You will have shown that You have entirely read, understood, and completely agree to abide by all of the terms, conditions, provisions and stipulations set forth in this Agreement.
Activation
You must activate a Tapper's Platinum Rewards Member Account ("Account") to participate in or to gain access to the Program ("Membership"), including any or all Tapper's Platinum Rewards offerings, promotions, etc. To activate an Account, you must complete a Membership Enrollment Form, then read and agree to the terms of this Agreement. Your Membership is contingent upon continuous adherence to these terms and conditions, as well as any and all future modifications, promulgated by Tapper's. If Tapper's has reason to believe that You have not upheld all of the terms and conditions of this Agreement in good faith, then We reserve the right to immediately revoke your Membership privileges. Such acts or omissions on your part will also result, in the sole discretion of Tapper's, in the cancellation of whatever Tapper's Platinum Points ("Points" or "Platinum Points") have been previously credited to your Account.
Membership Eligibility
1. You must be an individual, a resident of the United States or Canada, and eighteen (18) years of age or older.
2. Members may receive statements of their Account by e-mail as well as periodic notifications of changes in the terms and conditions of the Program. These notifications are not optional. All other e-mail communications from Tapper's to Member are optional. Members may opt-out of optional communications by logging-in and accessing his or her Account Maintenance page on the Tapper's Platinum Rewards page.
3. No machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Tapper's Platinum Rewards. Each Member may maintain only one (1) individual or family Account.
4. Refusal to abide by any rules may result in the cancellation of your Membership privileges, including, but not limited to, the forfeiture of all of your accumulated Tapper's Platinum Points.
Membership Requirement Information
As a Member, You must provide Us with valid contact information. It is required that You establish and maintain only one (1) Account, and that you provide Tapper's with your unique and valid e-mail address. Tapper's reserves the right to terminate WITHOUT PRIOR WARNING: (a) any duplicate accounts, resulting in the potential loss of accumulated Tapper's Platinum Points; (b) the Account of any Member who construes his or her Account so as to intentionally impersonate another Tapper's Platinum Rewards Member; or (c) any Member's Account that contains untruthful information. Participation in the Tapper's Platinum Rewards Program and the use of Tapper's Platinum Rewards is currently limited to residents of the United States and Canada unless Tapper's explicitly states otherwise. Tapper's Platinum Rewards Memberships are valid for one (1) year from the date of activation, and are automatically renewed on the anniversary date for each subsequent year.
Termination of Membership
Tapper's may in its sole discretion, terminate your membership in the program at any time and for any reason, with or without cause, and with or without explanation. All limitations of liability and other provisions of this Agreement shall survive any such termination.
Account Personalization/Site Encryption
Your Account, account crediting history, password and all Points that you receive in your Account are personal to You and/or your authorized family members; You may not allow anyone else, outside of this immediate group, to use your password, Account, or Points, and You may not use anyone else's password, Account, or Points. You are responsible for keeping your password secret. Tapper's will not be liable for losses that are incurred through the use of your password by a third party. Tapper's uses commercially reasonable and customary means to maintain the security and confidentiality of your personal account information. In addition, Tapper's exercises commercially reasonable efforts to uphold the privacy standards as set by reputable organizations. Despite these precautions, there are certain conditions that exist on the Internet that are generally beyond Tapper's control and could result in a breach of security. Accordingly, Tapper's cannot guarantee that your confidential information will be free from corruption or piracy. You hereby expressly and fully waive any claim to damages against Tapper's that arises out of the loss of data through corruption, piracy, virus infection, breach of security, or for any other reason. For details, rights, and responsibilities on our commitment to your privacy while using the Tapper's Platinum Rewards Program, please see our Privacy Agreement.
Making Eligible Purchases
You will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you from Tapper's retail stores or from Tapper's via telephone or the internet, purchases from which are collectively known as "Eligible Purchases," and Points earned from such purchases as "Points." Tapper's will determine the Points that will be accredited to your Account. The net purchase is defined as the total amount paid to Tapper's, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, insurance, and transaction fees, or as Tapper's otherwise defines as the terms and conditions of the sale. Tapper's will calculate, record, and provide you with your Tapper's Platinum Rewards account history and Tapper's Platinum Rewards Account balance, and may make this information available to You through its web site or individual request. Platinum Rewards will become available for use 45 days after your purchase and expire 6 months after that date. However, Tapper's cannot be held responsible for delays in the updating of your Account. It is YOUR responsibility to check your Account regularly to ensure that Tapper's Platinum Points have been properly credited and that your Account balance is accurate. A Member must inform Tapper's of any lacking Platinum Rewards credits to which he or she wishes to lay claim within ninety (90) days of the date on which a Member proposes to have made a valid Eligible Purchase. Furthermore, all Platinum Rewards credits earned by Members are subject to review and Tapper's may apply necessary adjustments to Member Accounts at any time. If you dispute the balance of your Platinum Rewards Account, you must contact Tapper's Customer Service by letter (6337 Orchard Lake Road, West Bloomfield, Michigan 48322-2336), fax (248-932-7717) or e-mail (platinumrewards@tappers.com) and you must report at that time or subsequently document the discrepancy in writing. Tapper's Customer Service will investigate your claim and, in Tapper's sole discretion, adjust the balance or otherwise respond within thirty (30) days of claim receipt. Tapper's determination of any disputes regarding your Account balance is absolutely final and binding, and You hereby agree that You will not and cannot appeal Tapper's decision(s) to any third-party arbitrator, or court of law.
Use of Platinum Points
You can redeem your Tapper's Platinum Points only at Tapper's in accordance with the terms of this Agreement. One (1) Platinum Point is equivalent to one (1) U.S. Penny only when redeemed for purchase(s) made at Tapper's in a manner consistent with the terms of this Agreement. All other uses of credited Tapper's Platinum Points are considered illegitimate, and Tapper's will neither honor such uses, nor will we credit Tapper's Platinum Points from your Member Account towards the financial obligations that you may incur from such transactions. Redeemed Tapper's Platinum Points are not reversible or refundable. Merchandise purchased with Tapper's Platinum Points may be exchangeable, according to Tapper's standard return policy. Any legal action or arbitration by the Member in question must be undertaken directly and exclusively against Tapper's and its representative(s).
Redemption and Expiration of Tapper's Platinum Points
Once your Tapper's Platinum Rewards balance reaches the $50 minimum, you become eligible to redeem your Platinum Rewards.
If you fail to redeem your Tapper's Platinum Rewards gift card within ninety (90) days, your points will expire.
Accounts will never be allowed to have a negative Point balance. In the event any merchandise is returned to Tapper's for store credit or refund and the resulting Point balance is calculated as a negative total, as a result of a prior redemption the value of that balance is to be deducted from the Member's credit or refund.
Prohibition on Illegitimate Web Site Use
If you are found to have used, or to have attempted to use, any part of Tapper's Platinum Rewards infrastructure, web page, or technology for illegitimate purposes including, but not limited to, tampering, hacking, spoofing, using robots or scripts, copying, distributing, spamming, modifying, or otherwise corrupting the administration, security, or proper function of any part of Tapper's Platinum Rewards Program, then you will forfeit without compensation all accumulated Tapper's Platinum Points. Additionally, you will be terminated from all future participation in Tapper's Platinum Rewards and its Program. If appropriate, you also will be prosecuted to the fullest extent that the law permits as a result of any damages to Tapper's.
Web Site Access
Tapper's accepts NO liability whatsoever for any losses that You experience because Tapper's web site or Tapper's Platinum Rewards Program are not operational or accessible to You, other Members, or other individuals. Tapper's Platinum Rewards Program does not make any expressed or implied representation or warranties to You regarding the accuracy, reliability, availability, or other operation(s), or that your access to Platinum Rewards or presentations will be uninterrupted or error-free. Tapper's is not responsible for injury or damage to Members' or to any other person's computer(s) related to or resulting from participating in our Program or from downloading materials from or use of the Tapper's Platinum Rewards web page. TAPPER'S EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow limitations on or disclaimers of certain warranties, so some of the above may not apply to you.
Program Termination
Tapper's reserves the right to terminate the Program at any time with notice via the e-mail account that you will have provided to Tapper's at the time of your Membership registration (or alternatively, to an updated e-mail Member account of which You have given us notice or by mail to the address you have provided us). Members will have not less than thirty (30) days to redeem any Tapper's Platinum Points held in each Member's individual account. Tapper's will not be responsible for failing to successfully notify You of Program termination when such failure is caused by an error in your e-mail program or on your e-mail server, or if You have provided Platinum Rewards with an inaccurate e-mail or mailing address, or if You fail to check for your e-mail online, or if You fail to inform Tapper's of a change in your e-mail or mailing address. In the event that a Member has no activity on his or her Account (accumulation or redemption) for a period of two (2) consecutive years, then Tapper's reserves the right to close said Member's account and any Points accumulated shall be automatically forfeited by such Member.
Intellectual Property Restrictions
All material found on the Tapper's Platinum Rewards web page, unless otherwise stated, is the exclusive property of Tapper's Fine Jewelry, Inc. or its licensors. Tapper's retains all rights to all Tapper's Platinum Rewards web page design, text, graphics, and the selection and arrangement thereof, as well as all software and other implemented technologies owned by it or Platinum Rewards, Inc. Any unauthorized copying or publication of Tapper's or any of the presentations or other subject matter associated with Tapper's Platinum Rewards will constitute an infringement of rights under the Copyright Laws and You will be subject to all the damages and other penalties available under those laws, including criminal prosecution where available. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the trademarks, logos, service marks, and trade names without the express written consent of Tapper's legal representative(s). All other trademarks, product names and company names or logos cited herein or on our web site are the property of their respective owners.
Limitation of Liability
TAPPER'S SHALL NOT BE LIABLE TO A MEMBER FOR ANY LOST PROFITS, LOST DATA OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF TAPPER'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TAPPER'S TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER EXCEED THE SUMS PAID BY A MEMBER TO TAPPER'S. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS. THE LIMITED WARRANTY AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF THE BARGAIN HEREUNDER, AND TAPPER'S WOULD NOT AGREE TO OFFER THE PROGRAM TO ANY MEMBER ABSENT SUCH LIMITATIONS.
General
(a) Governing Law; Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Michigan as between Michigan residents and without reference to conflict of laws principles. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has arisen. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or the subject matter hereof. Upon Tapper's request, Member agrees to submit to the jurisdiction and venue of, and agrees that any cause of action arising under this Agreement, shall be brought in a court in Oakland County, Michigan, unless a party may establish original jurisdiction in the United States District Court for the Eastern District of Michigan, Southern Division, sitting in Detroit, Michigan. Further, in any such dispute, under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs directly associated with Member's participation as an Tapper's Platinum Rewards Member). Member further waives all rights to have damages multiplied or increased.
(b) Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by either a small claims action or by binding arbitration in Southfield, Michigan, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Tapper's and Member agree not to file any action of any kind in any court other than small claims except as necessary to obtain a judgment upon an award rendered by an arbitrator pursuant to this paragraph. Tapper's and Member specifically agree that neither party is entitled to injunctive relief of any kind from any court and that the Commercial Arbitration Rules of the American Arbitration Association contain adequate provisions for any interim relief that either Tapper's or Member will ever need in any dispute concerning any and all dealings between Tapper's and Member.
(c) No Assignment and Binding Effect. Neither party may transfer or assign directly or indirectly his, her or its rights or obligations under this Agreement without the prior written consent of the other party. Subject to the foregoing sentence, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Any assignments in violation of this Section shall be null and void.
(d) Force Majeure. Except for payment obligations, nonperformance of Tapper's shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, Acts of God, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of Tapper's.
(e) Waiver. The failure of Tapper's to exercise any right given to it by or to insist upon strict adherence to the terms of this Agreement, shall not constitute a waiver or any terms or conditions herein with respect to any other or subsequent breach.
(f) Participation. If local laws prohibit your participation in any part of the Platinum Rewards Program, including Membership, then you are responsible for complying with such laws, and Platinum Rewards Membership and this Agreement or relevant portions thereof, will be void where prohibited by such laws.
(g) Severability. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and all other provisions contained herein will remain in full force and effect.
Modification of this Agreement
Tapper's reserves the right, at the company's sole discretion, to modify any part of Tapper's Platinum Rewards, the Program or this Agreement at any time by changing the Agreement or other information on our Website, as well as statements in our disclaimer(s), privacy statement(s), or other content of our web pages at any time WITHOUT PRIOR WARNING to Members. It is entirely the responsibility of each Tapper's Platinum Rewards Member to fully appraise himself or herself immediately of any and all changes instituted in Tapper's Platinum Rewards Member policies, or other knowledge or statements presented on the Tapper's Platinum Rewards web page. Upon a change or upon changes to this Agreement, the Member, having informed himself or herself immediately of the changes to this Agreement, must decide whether to maintain his or her Membership in Tapper's Platinum Rewards. If the Member disagrees with the modified Terms of Service in this Agreement, his or her sole recourse is to withdraw from the Tapper's Platinum Rewards Program entirely and promptly. The Member must tender his or her withdrawal from the Tapper's Platinum Rewards Program in writing to Tapper's at 6337 Orchard Lake Road, West Bloomfield, Michigan 48322-2336. Furthermore, within thirty (30) days following voluntary withdrawal from the Program and Tapper's Platinum Rewards Membership, the Member shall redeem all Tapper's Platinum Points remaining in his or her Account. After the thirty (30) day period has expired, the Member's Account shall be closed and the Member shall no longer have access to their Account on the Tapper's Platinum Rewards web page and any points remaining in the Member's account shall be automatically forfeited without notice. This Agreement and or the entire Program may be assigned in whole or part to a 3rd party at the direction or conveyance of Tapper's.
Acceptance
By submitting the required information on the online or printed form, you are attesting that: (1) you are over the age of eighteen (18); (2) you have entirely read and completely understood this Agreement; and (3) you agree to be inexorably bound by its terms and conditions, as permissible under the law.
