This Website Terms and Conditions of Use Agreement (“Agreement”) is between R. & L. Management Co., Inc., an Illinois corporation doing business as Community Financial Service Centers, and owner of the CFSC trademark, with offices located at 425 Huehl Road, Building 3, Northbrook, IL 60062, (“CFSC”) and you (“User,” “You” or “Your”) and is a legal agreement between You and CFSC. This Agreement is effective as of the date you access the CFSC Website. This Agreement states the terms and conditions under which You may access and use the CFSC Website. Please read this Agreement carefully before accessing and using the CFSC Website. By using and accessing the CFSC Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access and use the CFSC Website. CFSC may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. By using and accessing the CFSC Website, You represent and warrant that You are over the age of majority, and legally competent to enter into this Agreement.
- In order to access some features of the CFSC Website, You may need to create an account. When creating an account You may be required to provide certain information about yourself. You must provide accurate and complete information and promptly update this information as needed so that it remains true, accurate, complete, and correct. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You may not use another’s account without permission. You further understand and agree that CFSC may require You to change Your account password from time to time for security purposes. You understand that CFSC may terminate Your account, and any content stored in Your account, direct You to cease using Your account, and discontinue or restrict Your access to Your account, or the account of any other account holders, all without notice to You and for any reason. We shall not be liable to Your or to any third party for any modification suspension, or discontinuance of Your account, the CFSC Website, any other account, or any parts thereof. Upon termination of Your account, or the CFSC Website, CFSC shall not have any further obligation to You, including any duty to return or destroy any information You have supplied to CFSC during the term of this Agreement. You must notify CFSC immediately of any breach of security or unauthorized use of Your account. CFSC will not be liable for Your losses caused by any unauthorized use of Your account. However, You may be liable for the losses of CFSC or others due to such unauthorized use.
2. Unauthorized Use
- A. You shall not copy or download content or third party content from the CFSC Website without the prior written consent of CFSC. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the CFSC Website, content or third party content or use the CFSC Website, content or third party content for public or commercial purposes. You shall not use the CFSC Website, content or third party content on any other website.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the CFSC Website in a manner that sends bulk requests to the CFSC servers. Notwithstanding the foregoing, CFSC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the CFSC Website, but not caches or archives of the CFSC Website. CFSC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the CFSC Website, nor to use the communication systems provided by the CFSC Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the CFSC Website.
3. Ownership and Title
Title to the CFSC Website and content (excluding third party content), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the CFSC Website shall be the exclusive property of CFSC.
4. Removal of Infringing Material/Copyright Agent
- CFSC does not permit infringement of intellectual property rights on the CFSC Website. CFSC will remove all content, or third party content if properly notified that such content, third party content, or User Submission infringes on another’s intellectual property rights. CFSC reserves the right to remove content, or third party content without prior notice. CFSC will also terminate a user’s access to the CFSC Website, if such user has been notified of infringing activity. Notwithstanding anything to the contrary contained herein, CFSC may terminate a user’s access without prior notice and at its sole discretion.
- If You believe that any content or third party content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CFSC to locate the material;
- Information reasonably sufficient to permit CFSC to contact You, such as an address, telephone number, and email address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CFSC’s designated Copyright Agent to receive notifications of claimed infringement is: Marcus S. Harris, 161 N. Clark Street, Suite 4200, Chicago, IL 60601 email: email@example.com, telephone: (312) 876-6685, fax: (312) 876-6259. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), Your DMCA notice may not be valid.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS.
CFSC shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of CFSC (the “CFSC Marks”). Excepting the CFSC Marks, all other product and company names mentioned on the CFSC Website may be the trademarks of their respective owners.
6. No Contest
You acknowledge that the CFSC Website, content and third party content are protected under laws, including (without limitation) the laws of the United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of CFSC in connection with the CFSC Website and content.
7. Discontinuation of Service
CFSC may modify, suspend, discontinue or restrict the use of any portion of the CFSC Website without notice or liability. CFSC may deny access to any registered member or other user at any time for any reason, or no reason at all in its sole discretion. In addition, CFSC may at any time transfer rights and obligations under this Agreement to any CFSC affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires CFSC, the CFSC Website or any of their respective assets.
8. Express Warranties
You acknowledge and agree that CFSC (including its officers, employees, agents, directors, independent contractors, and subsidiaries and affiliates) has not made or granted to You any express warranties concerning the CFSC Website or CFSC products or services. Use and performance of CFSC products and services referenced on the CFSC Website are subject to CFSC terms and conditions concerning such products and services as made available by CFSC. You acknowledge that the CFSC Website does not constitute a grant of an express warranty concerning CFSC products and services and You waive any and all claims of warranty based on the CFSC Website.
9. WARRANTY LIMITATION
The CFSC website is provided “as is” without warranty of any kind. CFSC, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranties of non-infringement of third party rights. CFSC does not warrant and YOU waive any warranty that use of or access to the CFSC WebSite by you will be uninterrupted or error free. CFSC does not make any warranty and you waive any and all warranties as to the results obtained from use of the CFSC WebSite or as to the accuracy, completeness, timeliness or reliability of the CFSC WebSite. you acknowledge and agree that use of the Internet and the CFSC WebSite shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the CFSC WebSite.
You acknowledge that the CFSC Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the CFSC Website.
11. Limitation of Liability
CFSC (nor its OFFICERS, EMPLOYEES, AGENTS, DIRECTORS INDEPENDENT CONTRACTORS, SUBSIDIARIES OR AFFILIATES) shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the CFSC WebSite; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether CFSC has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
12. Limitation of Damages
The liability of CFSC (including ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS INDEPENDENT CONTRACTORS, SUBSIDIARIES AND AFFILIATES) for any reason and for any cause of action whatsoever in connection with this Agreement and the CFSC WebSite, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).
You agree to release, defend, indemnify and hold harmless CFSC (including its officers, directors, employees, affiliates, contractors, agents, subsidiaries and affiliates) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to: (i) use of the CFSC Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the CFSC Website; (iii) Your negligence or acts (or any failure to act); and (iv) any breach by You of Your obligations under this Agreement.
14. Export Assurance
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the CFSC Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by CFSC of such websites and the third party content found there. We are not responsible for the content or practices of any website not part of the CFSC Website, even if the website is operated by a company affiliated or otherwise connected with CFSC. By using the CFSC Website, You acknowledge and agree that CFSC is not responsible or liable to You for any content or other materials hosted, served, or residing on the domain from any websites other than the CFSC Website, and then only to the extent provided for herein.
16. Entire Agreement
17. Amendments and Modifications
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
19. Governing Law
You acknowledge that the CFSC Website is controlled in and originates from the United States. We do not make any representation that the CFSC Website, or content or third party content is appropriate or available for use in other locations. We do not have responsibility for any access to the CFSC Website from territories where the CFSC Website may be illegal or prohibited. If You choose to access the CFSC Website from other locations, You do so at Your own risk and are responsible for compliance with applicable local laws. The CFSC Website is based in Cook County, Chicago, Illinois. This Agreement is governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be in the state and federal courts located in Cook County, Chicago, Illinois. You expressly waive any objection to the personal jurisdiction of such courts. You agree to file any claim regarding any aspect of the CFSC Website or this Agreement within six months of the time in which the events giving rise to such claim began, or You agree to waive such claim.
20. User Notice
All notices shall be in writing. Notices to user shall be deemed delivered when delivered to User electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to user shall be deemed given on the date notice is delivered electronically or by hand to user or on the date of receipt by user (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to user electronically (including, without limitation, electronic mail) shall be deemed written notices.
21. CFSC Notice
Notices to CFSC (excepting notices sent pursuant to Section 2(D) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth in the first paragraph of this Agreement for CFSC. Notices to CFSC shall be deemed given on the date notice is received by CFSC (as evidenced in the case of Certified or Registered Mail by Return Receipt).
22. Equitable Remedies
You acknowledge and agree that damages at law may be an inadequate remedy to CFSC. In addition to other rights which may be available, CFSC shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
24. Public Announcements
All public announcements concerning the CFSC Website or the relationship of You and CFSC shall be subject to the prior written approval of CFSC.
25. Litigation Expense – “New Mexico Disclaimer”
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
CFSC Loyalty Rewards Terms and Conditions
Table of Contents
- Acceptance of Terms
- Earning Points
- Point Redemption
- Member Communication
- Point Expiration
- Point Forfeiture and Right to Revoke
- Modifications to Terms and Conditions
- Company’s Right to Cancel
- Tax Liability
- Governing Law
- Mandatory Arbitration and Class Action Waiver
- Disclaimer and Limitations of Liability
- Privacy and Release of Information
- Introduction: The CFSC Loyalty Rewards Program (the “Program”) sponsored by R&L Management, LLC (the “Company”) and these Terms and Conditions apply to access to, and participation in, the Program, which is operated by the Company or its participating subsidiaries, licensees and affiliated companies (collectively, “CFSC”). The Program is designed to help loyal CFSC customers earn rewards for choosing to use CFSC financial services. The Program is a free customer loyalty program that allows customers to earn Rewards Points (“Points”) with qualifying purchases at CFSC participating store locations. Program-enrolled customers earn points for what they already do as a regular customer of CFSC. Each point earned goes toward future discounts, products or services when customers continue to come to CFSC for their financial needs. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company, including any agreement for products or services.
- Membership: To become a CFSC Loyalty Rewards Member (“Member”) and become eligible to earn and redeem Points, a customer must enroll in the Program. Only individuals age 18 years or older are eligible for enrollment. There are three ways to enroll: 1.) In a participating CFSC store with a CFSC Customer Service Representative (the “CSR”); 2.) Online via the CFSC website (the “Website”); 3.) By downloading the CFSC app on a smart phone or digital device when and/or where the CFSC app is available. Once enrolled in the Program, Members are entitled to take advantage of certain Program Rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by the Company in its sole discretion. The Company reserves the right to modify these Terms and Conditions at any time, without notice to you, so it is important to check the Terms and Conditions periodically. Participation in the Program or redemption of Rewards is considered acceptance of these Terms and Conditions and any modified terms included therein. Members may withdraw at any time by informing CFSC that they do not wish to partake in the Program, either by calling the CFSC Customer Service at 1-866-248-4947, or as made available, on our website at www.cfsc.com. Withdrawal from the Program shall result in the immediate termination of all membership benefits.
- Earning Points: Members will accrue Points for selected transactions and/or purchases made at any participating CFSC location. Points will accrue based on each qualifying financial service transaction they complete and pay a transaction fee of one dollar ($1.00) or more. Transactions that are free, discounted, a Reward, Coupon, Savings Certificate, or other discount during the transaction are not eligible to earn or redeem points. Discounts may vary and/or be suspended if and when CFSC chooses to restructure the Program and are otherwise fully subject to the provisions set forth in these Terms and Conditions. Members will earn one (1) Point for each one ($1) dollar spent in transaction fees. All Points will be rounded to the nearest one-tenth of a Point. For example, a $1.63 fee equals 1.6 Points and a $2.37 fee equals 2.4 Points. The Company reserves the right to present special promotional offerings increasing the amount of Points earned, for example, “Double Points earned on certain days or certain transaction types”, in which these special offerings may be for a limited time only. Additionally, the Company reserves the right to enhance the program, either for a limited time or for longer periods, to allow Members to earn Points on additional services and transaction types. Such promotional offerings will be communicated to Members via the Member Communication Terms and Conditions Earned Rewards Points take up to 48 hours to become eligible for redemption in addition to other Terms and Conditions governing Point redemption. Points are not earned until they show on your Point Balance and CFSC reserves the right to retroactively correct errors made in Points awards and calculations. If a Member feels there is a discrepancy in Points (earned or redeemed), the Member must notify CFSC within sixty (60) days of the date of the transaction in which Points were earned or redeemed. Unfortunately, not all CFSC locations have the ability to award Points or redeem Points at this time. The CFSC affiliates that participate in the Program are identified on the CFSC website.
- Point Redemption: Once a Member accumulates two hundred (200) Points, Members can begin redeeming Points. Each Point redeemed is the equivalent of one ($.01) cent in discount rewards. Points can be applied as discounts to future purchases at participating CFSC store locations in compliance with the current Terms and Conditions. Points are non-negotiable and cannot be redeemed either in whole or in part for cash. Points cannot be applied to previous purchases. Points cannot be combined with any other discount, free service, Reward, Coupon, Savings Certificate, vendor discount, or other discount offer at time of redemption. Only one offer will be honored per purchase transaction even if multiple discount offers are available or presented. Members will be eligible to redeem Points every time Point balances equal two hundred (200) or more. Point redemption discounts may not exceed the total amount of the transaction fee of the purchase at the time of redemption. Members may elect to hold their Points to accumulate more Points and redeem them at a later date. Members are limited to a maximum discount amount equal to $5.00 per day through Point redemption. Any additional Points over the redemption amount will remain in the Member’s account and can be redeemed on the next business day or at another time in the future when making purchases at CFSC. Redeemed Points will be automatically deducted from the Member’s balance at the time of redemption. Though rare, should there be any voided or refunded transactions where Points were redeemed, it will take up to 48 hours for those Points to be replaced into the Member’s Rewards Point balance.
- Member Communication: When Members join the Program, they are opted into Program communications. Member agrees that he/she shall receive information and offers from the Company and/or its partners or as otherwise specified by the Company via electronic mail, the Internet and physical mail. Communication to Member regarding Point Balances may be on Member’s transaction receipt, as well as in the CFSC app. Member’s may also request Point Balances, and other pending offers, from a CSR at time of transaction.
- Media Types: The Company will communicate with Members about the Program via email, text messages and other channels, including the CFSC app. Communications may include general marketing messages, Program updates, promotions, special offers, new products and services, surveys, requests for feedback and customer reviews, and other similar customer-related messages. If Members opt out of receiving marketing or promotional communications, the Company may continue to notify the Member of non-marketing and non-promotional communications, such as those messages deemed important about your account and/or ongoing customer relationship.
- Point Expiration: Points will expire eighteen (18) months from the date the Points were first earned. If Members do not redeem Points within this time frame, Member forfeits all such Points. Expired Points are deducted from the Member’s Rewards Point balance at time of expiration.
- Point Forfeiture and Right to Revoke: The Company reserves the right to revoke the membership of a Member in the Program and/or revoke any or all benefits the Member may be entitled to if, in the sole opinion of the Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that the Company terminates a Member’s Rewards Account, all Points, Rewards or other benefits earned by the Member will be forfeited immediately. Any decision the Company makes relating to termination, Point forfeiture or revocation of any Member’s participation in the Program shall be final and binding in all respects. The Company shall be the sole determiner in cases of suspected abuse, fraud, or breach of Terms and Conditions.
- Modifications to Terms and Conditions: Any changes or modifications will be effective immediately upon posting the revisions to www.cfsc.com, and Member waives the right to receive specific notice of such changes or modifications. It is the Member’s responsibility to review the Member Agreement and remain abreast of any changes. Continued access to or participation in the Program following any such changes or modifications confirms Member’s acceptance of the Terms and Conditions, including such changes. The Company may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program or any Program Reward at any time, including the availability of any Reward. The Company reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Points’ value structure and offers regarding any product or service. The Company reserves the right to adjudicate all point discrepancies in its sole discretion and the Members agree to abide by any such adjudication.
- Company’s Right to Cancel: Without notice, the Company reserves the right to automatically cancel any Member’s Rewards Account that is inactive for more than eighteen (18) months from last transaction as a Member. An inactive account is defined as a Program Account that has not earned Points for a period of eighteen (18) months consecutively. A Member may reactivate a cancelled Program Account upon notification and/or making a purchase within thirty (30) days of cancellation. Beyond thirty (30) days, and otherwise, all earned points and all other Program benefits will be forfeited. Members may elect to enroll in a new Membership Account once their previous Program Account has been terminated, provided the Member is a CFSC customer in good standing, and begin earning points upon their first transaction as a new Member. Any previously earned Points from the terminated Account will not be re-issued in the new Account.
- Indemnification: Members agree to defend, indemnify, and hold harmless CFSC, its parent company, affiliates, subsidiaries, directors, employees, agents, partners, contractors, and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses, (including reasonable attorneys’ fees) made by any third party due to or arising out of Members’ participation in the Program in violation of any law, rule, regulation, guideline or these Program terms, and violation of any rights of another.
- Tax Liability: Any liability for federal, state or local income taxes regarding the earning or redemption of points is the sole responsibility of the member and not the responsibility of the Company.
- Governing Law: The laws of the State of Illinois shall govern these Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in Illinois for all matters arising in connection with these Terms and Conditions or Member’s participation in the Program.
- Mandatory Arbitration and Class Action Waiver: Member agrees that Company and Member will resolve any disputes through binding and final arbitration in lieu of a court proceeding. Member waives any right to a jury trial of any dispute with Company. Neither Member nor Company may bring a claim against the other as a class action, representative action, or private attorney general action. Neither Member nor Company may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim. In the event of any dispute concerning the Program, or these terms, the parties unconditionally and irrevocably agree the dispute will be resolved by arbitration exclusively in Chicago, Illinois, in accordance with the rules of the American Arbitration Association. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing apart will be entities to recover its attorney’s fees and arbitration costs from the other party.
- Disclaimer and Limitations of Liability: This Program is provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. In no event will the Company or any of its third-party suppliers be liable to you or any third party for any losses, lost data, consequential or special, incidental or punitive damages, delays, interruptions or viruses arising out of or related to this agreement regardless of the basis of the claim. The limitations set forth in this section will not limit or exclude liability for the gross negligence, intentional misconduct or fraud of the Company arising out of or relating to the Program. In the State of New Jersey, the limitations set forth in this section will not limit or exclude liability for the negligence of the Company arising out of or relating to this program and/or the related services.