1. Introduction
Welcome to The Points Party LLC ("The Points Party," "we," "us," or "our"). By accessing, downloading, or using our website (https://thepointsparty.com), services, applications, and content (collectively, the "Services"):
- You accept and agree to these Terms of Service ("Terms")
- You acknowledge our Privacy Policy
- You confirm this agreement is supported by reasonable and valuable consideration (your access to our Services)
- You represent that you have the capacity to be bound by this Agreement
- You agree to comply with all applicable laws and regulations
These Terms apply to all visitors, users, and others who access or use our Services.
2. Account Registration
2.1 Account Creation
Some features of our Services may require you to register an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information
- Keep your password secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any security breach or unauthorized use
2.2 Account Eligibility
You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years old.
2.3 Financial Account Linking
You may choose to link your financial accounts (e.g., credit card accounts) to our Services. If you do so, we will receive information about you and your accounts in accordance with the terms and conditions of those financial accounts. We do not store your login credentials for these accounts.
3. Your Rights and Restrictions
3.1 License to Use Our Services
Your right to access and use our Services is personal to you and not transferable. Subject to these Terms, we grant you a limited, non-exclusive, revocable license to:
- Use our website and Services for your personal, non-commercial use
- Install and use our applications in executable object code format on your personal devices
3.2 Content License
We grant you a limited license to access, print, download, or otherwise make personal use of the content in the form of:
- One machine-readable copy
- One backup copy
- One print copy
For your personal, non-commercial use only.
3.3 Restrictions
You may not:
- Modify our content or utilize it for any commercial purpose
- Display, sell, rent, sublicense, or publicly perform our content
- Decompile, reverse engineer, or disassemble our content
- Transfer our content to another person or entity
- Copy, distribute, or use our content other than as permitted by these Terms
- Use our Services to violate any law or regulation
- Interfere with the proper functioning of our Services
- Impersonate another person or misrepresent your affiliation
- Collect or harvest user data
4. Content and Submissions
4.1 User Content
You may have the opportunity to submit content to our Services ("User Content"). You retain ownership of your User Content, but grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and otherwise use such User Content in any way for our Services or business.
4.2 Content Guidelines
User Content must not:
- Violate any applicable law or regulation
- Infringe on anyone's intellectual property rights
- Contain misleading, defamatory, or deceptive information
- Contain threats, harassment, or invasion of privacy
- Promote discrimination or harm against any individual or group
- Include any malware, viruses, or harmful code
4.3 Credit Card and Travel Information
Our Services include information about credit cards, travel rewards programs, and related topics. This information:
- Is general in nature and for informational purposes only
- Does not constitute financial, tax, or legal advice
- May not be current or accurate for your specific situation
- Should not be the sole basis for any decision you make
5. Intellectual Property
5.1 Our Intellectual Property
The Services and all contents, including but not limited to text, images, graphics, logos, and code are the property of The Points Party or its content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws.
5.2 Feedback
If you provide any feedback, ideas, or suggestions about our Services, we may use this feedback without any restriction or compensation to you.
6. Third-Party Services and Links
6.1 Third-Party Services
Our Services may display information from third parties or allow you to access third-party services. These third parties have separate and independent terms of service. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.
6.2 Affiliate Links
Our Services may contain affiliate links to products or services. If you purchase something through these links, we may receive an affiliate commission at no additional cost to you. All opinions remain our own.
7. Disclaimers and Limitations of Liability
7.1 Disclaimer of Warranties
Important Notice: The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee that:
- The services will meet your requirements
- The services will be uninterrupted, timely, secure, or error-free
- The results from the use of the services will be accurate or reliable
- The quality of products, services, information, or other material purchased or obtained through the services will meet your expectations
7.2 Limitation of Liability
Important Notice: To the maximum extent permitted by applicable law, in no event shall The Points Party, its affiliates, officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the services.
Under no circumstances will our total liability to you for all damages, losses, or causes of action exceed the amount you have paid us in the last six (6) months, or, if greater, one hundred dollars ($100).
7.3 Financial Decisions Disclaimer
Important Notice: The content on our services is provided for informational purposes only and is not intended as financial, tax, legal, or other professional advice. Before making any financial decisions or implementing any financial strategy, including recommendations about credit cards, travel rewards programs, or similar topics, we recommend that you obtain additional information and advice from your accountant or financial advisors who are fully aware of your individual circumstances.
8. Indemnification
You agree to indemnify, defend, and hold harmless The Points Party, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
- Your violation of these Terms
- Your User Content
- Your violation of any rights of another person or entity
- Your violation of any applicable laws or regulations
9. Term and Termination
9.1 Term
These Terms will remain in full force and effect while you use the Services.
9.2 Termination by You
You may terminate these Terms at any time by discontinuing your use of the Services and closing your account.
9.3 Termination by Us
We may suspend or terminate your access to the Services or your account at any time, for any reason, without notice or liability to you.
9.4 Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- We may delete or retain your account information and User Content at our sole discretion
- All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
10. Changes to These Terms
We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the Terms as modified.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of [Your State], without giving effect to any choice of law or conflict of law provisions.
11.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall first be resolved through good-faith negotiations. If such negotiations fail, the dispute will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in [Your City, State].
11.3 Class Action Waiver
Important Notice: You and The Points Party agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Points Party regarding the Services and supersede any prior agreements.
12.2 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
12.5 Contact Information
If you have any questions about these Terms, please contact us at:
- Email: legal@thepointsparty.com
- Address: 9121 Atlanta Ave #1051 Huntington Beach, CA 92646
13. California Residents
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for direct marketing purposes. To make such a request, please contact us at the information provided above.
