Effective Date: January 01, 2019
BLACK CARD MEMBERSHIP PREFERRED BENEFITS REWARDS PROGRAM
The Black Card membership preferred benefits ("Program") is a customer loyalty program offered by GMYP 2010 Retail, Inc that rewards Black Card Membership card holders (as defined below) who purchase online at GMYP 2010 Retail, Inc. After you enroll in the Gwen Mackey Foundation and become a Black Card Membership card holder, you will be eligible to earn points ("Black Card Membership card points") on eligible products and services. Then, you will be able to redeem Black Card Membership card points as described below for awards such as trips and hotel stays (as defined below).
GENERAL TERMS AND CONDITIONS
Participation in the Program is subject to these Terms and Conditions and the GMYP 2010 Retail, Inc Privacy Policy which is incorporated herein (collectively the "Program Terms"). It is your responsibility to read and understand the Program Terms.
GMYP 2010 Retail, Inc may amend the Program Terms in its sole discretion at any time without notice including but not limited to modifying membership eligibility; changing membership benefits; amending how Black Card Member card points are earned, and modifying how many Black Card Members Card Points are needed to redeem an award. Any such changes to the Program Terms will be shown in the Program Terms on the gmyp2010retail.com website and will be effective immediately unless stated otherwise. We will post a prominent notice on the gmyp2010retail.com website to notify you of any significant changes to the Program Terms and indicate at the top of the Program Terms or Privacy Policy when it was most recently updated.
GMYP 2010 Retail, Inc may terminate the Program at any time with or without notice. The termination process will be announced at the time of termination.
Membership in the Program, the earning of Black Card Membership card points, and the redemption of Black Card Membership card points are void where prohibited by law, and are subject to applicable government regulations.
The receipt of awards or the redemption of Black Card Membership card points may be subject to tax liability. Any tax liability, including disclosure, with respect to the receipt of awards or use of Black Card Membership card points, is solely your responsibility. GMYP 2010 Retail, Inc will not be liable for any tax liability, duty or other charges in connection with the issuance of awards. You should check with your tax advisory regarding possible tax implications.
MEMBERSHIP ENROLLMENT
You may apply to be a member (“Black Card Membership Card”) by filling out the application on the gmyp2010retail.com website, by calling (855) 479-3985. To have a Black Card Membership Card, you must have a driver license, valid credit card valid email address at the time of enrollment. Each email address can only be used for one Black Card Membership Card. You also must be at least 18 years of age or the age of majority in the place where you live, whichever is older, to obtain a Black Card Membership Card. Corporations, associations or groups cannot be members of the Program. Once your Black Card membership is accepted, you will receive a virtual membership card with your Black Card membership card number (“Black Card Membership Card Number”). GMYP 2010 Retail, Inc may deny membership in the Program to any application in its sole discretion and without written notice.
You may only enroll in the Program for yourself, and you may only maintain one membership account. Only you may earn or redeem Black Card Membership Card Points associated with your Black Card Membership card number. Except as described in these Program Terms, membership and its benefits as defined below are non-transferable and may not be lent or sold to another person.
GMYP 2010 Retail, Inc may, without notice, terminate a Black Card membership card account in its sole discretion at any time for any reason which may include, but is not limited to: (a) violation of the Program Terms; (b) misrepresentations of any information or any misuse of the Program; (c) evidence of fraud, abuse or suspicious activity; (d) violation of any national, state, or local law or regulation in connection with the use of Program benefits; (e) failure to pay for monthly invoices charges; (f) maintaining more than one active account per Black Card Membership card or (g) taking any action which is a detriment to the Program or any of its Participating third - party vendors as may be determined by GMYP 2010 Retail, Inc in its sole discretion.
You may terminate your Black Card membership card at any time by sending a letter to Black Card Membership Card, GMYP 2010 Retail, Inc P.O.Box 740694 Dallas, Tx 75374 or an e-mail to blackcardmembership@gmyp2010retail.com stating your desire to terminate your membership, your name, e-mail address, and Black Card Membership card number. Your membership account will terminate upon the date your correspondence is received by GMYP 2010 Retail, Inc.
If your Black Card membership card is terminated by you or GMYP 2010 Retail, Inc, all Black Card Membership card points in your account and your membership benefits will be forfeited immediately upon termination. If you reapply for membership at a later date, you will not recover any Black Card Membership Card Points or previous membership benefits forfeited from your previous membership account.
Black Card Membership Card Points may not be redeemed if a Black Card Membership card becomes Inactive, in which case the Black Card Membership card points in the Black Card Membership card account will be terminated. A Black Card Membership card is considered “Inactive” if during a 24 month period: (a) the Black Card Membership card has not earned, received, or redeemed any Black Card Card Points; or (c) the Black Card Membership card has not redeemed any points earned through the Program.
PARTICIPATING VENDORS
Membership benefits, Black Card Membership card points, are only provided by GMYP 2010 Retail, Inc and actively participating in the Program. A list of Participating vendors is at www.gmyp2010retail.com. GMYP 2010 Retail, Inc is not responsible for vendors withdrawals from the Program.
If a vendor terminates its status as a Participating vendor after you make a reservation but before you check-in, Black Card Membership card points will no longer be valid, even if your plans were made prior to the vendor's termination date.
EARNING I PREFER POINTS
Black Card Membership card points can be earned only at GMYP 2010 Retail, Inc and a secured vendor listed on www.gmyp2010retail.com. This list may be updated at any time in GMYP 2010 Retail, Inc sole discretion.
To earn Black Card Membership Card Points, an Black Card Membership card must use points at a Participating GMYP 2010 Retail, Inc vendor through one of the following eligible channels with a valid Black Card Membership card number.
REDEEMING I PREFER POINTS
All Black Card Membership Points are subject to certain restrictions including these Program Terms, the Terms on the Black Card Membership Card Benefits Terms and Conditions Page.
Black Card Membership card points may not be sold, auctioned, bartered, brokered, or purchased. Any Black Card Membership card points obtained in that manner will be considered to have been fraudulently obtained and deemed void.
Black Card Membership points will not be replaced, reissued or credited if lost, stolen or otherwise destroyed unless authorized by GMYP 2010 Retail, Inc in its sole discretion. Requests should be sent to blackcardmembership@gmyp2010retail.com.
MEMBERSHIP TIERS AND BENEFITS
The Program offers two membership tiers based upon the number of Black Card Membership Card points earned by a member.
| Benefits | Insider(0-49,999 points) | Elite(50,000+ points) |
|---|---|---|
| Points earned per eligible US$1 spent | 10 | 15 |
| Signing up for the Gwen Mackey Foundation annual membership, new cardholders automatic qualify for 500 bonus points | ● | ● |
| Received free nights, dining, and spa services* (Insider Points) | ● | ● |
| Free products and services ( Insider Points) | ● | ● |
| Free all exclusive trip for two. Varies by hotel ( Elite Points) | ● | |
| Free car rentals ( Insider Points) | ● | |
| **Hotels, based on availability at check-in | ||
Insider
Insider status will be granted to all Black Card memberships card cardholders once Black Card Memberships is accepted into the program.
Elite
Elite status will be granted to all Members who earn 50,000 or more Black Card Membership card points during a year starting on the date of acceptance into the Program and restarting annually on the anniversary of the Black Card Membership card acceptance into the Program. Elite Membership will be granted as soon as the member earns 50,000 Black Card Membership Points and will continue throughout the next year of membership in the Program. Elite status will expire at the end of the next year of membership in the Program. At that time, the Member will receive one year of membership in the Program at Insider status unless the Black Card Membership card has earned enough Black Card Membership card points for Elite status.
Not all benefits may be available at all Participating preferred vendors. GMYP 2010 Retail, Inc will not be liable for refunds or for any consequential damages resulting from failure to deliver these benefits.
MEMBERSHIP ACCOUNT
Black Card Membership card holders can view their account details by signing into their account, current Black Card Membership card points balance, previous activity, and update their personal information and communications preferences by logging in to their account at GMYP 2010 Retail, Inc at www.gmyp2010retail.com. Black Card Memberships card holders will need to provide his or her email address and password to access this information online. You agree to provide accurate information and promptly communicate any changes to your contact information as described below. The Black Card Membership card holders are responsible for notifying GMYP 2010 Retail, Inc of any mailing address, email address or name change. Name changes must be supported by legal documentation, for example, marriage certificate, driver’s license, or legal court document.
Black Card Membership card holders will have an assigned Black Card Membership card number, the Member will assign their own password for their account. The Black Card Membership card holders is responsible for keeping his or her password, membership number and other account information confidential. GMYP 2010 Retail, Inc is entitled to act on instructions received under a Black Card Membership card number or account. GMYP 2010 Retail, Inc is not responsible for any actions taken by a third party using a Black Card Membership card holders account or Black Card Membership card number.
Black Card Membership cardholders must provide their Black Card Membership card number and verify personal information prior to receiving any account information. Individual account information will not be given to anyone other than the Black Card Membership card holder whose name appears on the account unless required in connection with a law enforcement investigation or by the legal process must be a subpoena from law enforcement.
Any errors or omissions on transactions posted to a Black Card Membership card holder account must be reported within six (6) months.
If GMYP 2010 Retail, Inc improperly denies a Black Card Membership card holder a Black Card Membership card point accrual or benefit, GMYP 2010 Retail, Inc liability will be limited to the equivalent of that Black Card Membership card holder Point accrual or benefit.
GMYP 2010 Retail, Inc has the right to correct any Black Card Membership Points posted in error.
I PREFER MEMBER RATE TERMS & CONDITIONS
Black Card Membership card benefits are valid for current Black Card Membership card holders only.
Black Card membership card, earning of points, and redemption of points are subject to Black Card Membership Card Preferred Benefits Terms & Conditions.
TRANSFER OF RIGHTS
The rights and obligations of GMYP 2010 Retail, Inc under the Program may be assigned or transferred by GMYP 2010 Retail, Inc to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.
NOT RESPONSIBLE FOR ACTS, ERRORS, OR OMISSIONS
GMYP 2010 Retail, Inc is not responsible for: (a) any acts or omissions of third parties (including, without limitation, Participating Hotels) or (b) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Hotels, and errors in the crediting or debiting of Black Card Membership card points. GMYP 2010 Retail, Inc reserves the right to correct, without notice, any errors.
INTERPRETATION OF PROGRAM TERMS
All interpretations of these Program Terms will be at GMYP 2010 Retail, Inc sole discretion and GMYP 2010 Retail, Inc decisions will be final.
WAIVER
GMYP 2010 Retail, Inc waiver of any breach of these Program Terms by any Black Card Member card will not constitute a waiver of any other prior or subsequent breach of these Program Terms. GMYP 2010 Retail, Inc failure to insist upon strict compliance with these Program Terms by any Black Card Membership card holders will not be deemed a waiver of any rights or remedies that GMYP 2010 Retail, Inc may have against that or any other Black Card Membership card. GMYP 2010 Retail, Inc may waive compliance with these Program Terms in its sole discretion.
DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS PROGRAM IS AT YOUR SOLE RISK THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PROGRAM TERMS, GMYP 2010 RETAIL, INC AND OTHER AFFILIATED COMPANIES INCLUDING PARTICIPATING HOTELS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “GMYP 2010 RETAIL, INC AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE PROGRAM TERMS, GMYP 2010 RETAIL, INC AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS WILL BE CORRECTED. ALL SERVICES OBTAINED THROUGH THE PROGRAM ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE PROVIDERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GMYP 2010 RETAIL, INC AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES, WITH RESPECT TO THE SERVICES LISTED, PURCHASED OR AWARDED THROUGH THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SERVICE FAILURE, SERVICE MISUSE, SERVICE ABUSE, SERVICE MODIFICATION, AND NON-COMPLIANCE WITH THE PROGRAM TERMS.
GMYP 2010 RETAIL, INC AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE PROGRAM, INCLUDING ANY LIABILITY (I) FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, TRAVEL CANCELLATION, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT); (II) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF OR DAMAGE TO REVENUE, PROFITS, SAVINGS, GOODWILL OR DATA) (COLLECTIVELY, “LOSSES OR DAMAGES”) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE PROGRAM, THE PROGRAM TERMS, OR THE GMYP2010RETAIL.COM WEBSITE; (III) ANY FAILURE, DELAY, OR DECISION BY GMYP 2010 RETAIL, INC AND ITS AFFILIATED PARTIES IN ADMINISTERING THE PROGRAM INCLUDING THE ACCEPTANCE OF AN BLACK CARD MEMBERSHIP APPLICATION, CORRESPONDENCE, REDEMPTION REQUESTS, OR ISSUING OF BLACK CARD MEMBERSHIP POINTS OR REWARD CERTIFICATES; (IV) ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM, ANY PARTNER, OR PARTICIPATING HOTEL OR THEIR SERVICES MADE BY GMYP 2010 RETAIL, INC AND ITS AFFILIATED PARTIES; (VI) ANY ERRORS OR INACCURATE OR INCORRECT INFORMATION PUBLISHED IN RELATION TO THE PROGRAM INCLUDING, WITHOUT LIMITATION, ANY PRICING OR TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, ERRORS REGARDING PARTICIPATING HOTELS, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS; (VII) ANY FAILURE OF COMMUNICATION; (VIII) THE REDEMPTION OR USE OF I PREFER POINTS; (IX) ANY ACTS OR OMISSIONS OF THIRD PARTIES; AND (X) FOR ANY OTHER MATTER RELATING TO THE PROGRAM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GMYP 2010 RETAIL, INC AND YOU. THE SERVICES OFFERED THROUGH THE PROGRAM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF GMYP 2010 RETAIL, INC AND THE AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY SERVICE AWARDED TO YOU THROUGH THE PROGRAM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GMYP 2010 RETAIL, INC ANY AMOUNTS FOR ANY SERVICES AWARDED TO YOU THROUGH THE PROGRAM PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GMYP 2010 RETAIL, INC IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TRADEMARK
Gwen Mackey Foundation are trademarks and service marks of GMYP 2010 Retail, Inc.
GOVERNING LAW
These Program Terms shall be governed by the laws of the United States and the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Program Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of these Program Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Chicago, Illinois, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
DISPUTE RESOLUTION/ARBITRATION
For any disputes arising out of or related to the Program or these Program Terms, you acknowledge and agree that you will first give GMYP 2010 Retail, Inc an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: blackcarddispute@gmyp2010retail.com or mailing address: GMYP 2010 Retail, Inc, P.O.Box 740694, Dallas, Tx 75374.
You then agree to negotiate with GMYP 2010 Retail, Inc in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after GMYP 2010 Retail, Inc receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of the Program or these Program Terms shall be resolved in final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate GMYP 2010 Retail, Inc or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by GMYP 2010 Retail, Inc and/or the applicable third party(is). You and we acknowledge that the Program and the Program Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Program Terms (despite any other choice of law provision).
Arbitration under the Program Terms shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with GMYP 2010 Retail, Inc as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, GMYP 2010 Retail, Inc agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER CALLING (855) 479-8935 OR BY SENDING AN EMAIL TO blackcarddispute@gmyp2010retail.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND GMYP 2010 Retail, Inc BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Program or these Program Terms, be instituted more than one (1) year after the cause of action arose.
SUBJECT TO LAW
Membership in the Program and the earning and redeeming of Black Card Membership card points are subject to all applicable local laws and regulations. Membership in the Program, member benefits, Black Card Membership card points, and rewards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or the Black Card Membership card holders country of residence. If any part of these Program Terms is held to be unlawful or unenforceable, that part will be deemed deleted from the Program Terms in such jurisdiction and the remaining provisions will remain in force.
SEVERABILITY; INTERPRETATION
If any provision of these Program Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Program Terms, the term “including” shall be deemed to be followed by the words “without limitation.”
ENTIRE AGREEMENT
These Program Terms, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only agreement between GMYP 2010 Retail, Inc and each user of the Program with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Program Terms.
MISCELLANEOUS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Program or these Program Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of these Program Terms are for the benefit of GMYP 2010 Retail, Inc and its Affiliated Parties, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
CONTACT US
If you have any comments, questions, or complaints regarding the Program or the Program Terms, please contact us at the telephone numbers or e-mail address listed at blackcardbenefits@gmyp2010retail.com. We will address any issue to the best of our abilities as soon as possible.