iPrefer Program Terms and Conditions
Effective Date: August 15, 2013
The iPrefer Program (“Program”) is a customer loyalty program offered by Preferred Hotel Group, Inc. (“PHG”) that rewards iPrefer Members (as defined below) who stay at Participating Hotels (as defined below). After you enroll in the Program and become an iPrefer Member, you will be eligible to earn points (“iPrefer Points”) on eligible stays or eligible activities at Participating Hotels. Then, you will be able to redeem iPrefer Points as described below for awards such as Reward Certificates (as defined below).
GENERAL TERMS AND CONDITIONS
PHG 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 iPrefer Points, and the redemption of iPrefer Points are void where prohibited by law, and are subject to applicable government regulations.
The receipt of awards including Reward Certificates or the redemption of iPrefer Points may be subject to tax liability. Any tax liability, including disclosure, with respect to the receipt of awards including Reward Certificates or use of iPrefer Points is solely your responsibility. PHG will not be liable for any tax liability, duty or other charges in connection with the issuance of awards including Reward Certificates. You should check with your tax advisor regarding possible tax implications.
You may apply to be a member of the Program (“iPrefer Member”) by filling out the application on the iPrefer.com website, by calling (877) 497-6976 or the international numbers listed at www.iPrefer.com/contacts_us or at a Participating Hotel and by following the applicable directions for the submission of the application. To be an iPrefer Member, you must have a valid email address at the time of enrollment. Each email address can only be used for one iPrefer Member. 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 be an iPrefer Member. Corporations, associations or groups cannot be members of the Program. Once your iPrefer membership is accepted, you will receive a virtual membership card with your iPrefer member number (“iPrefer Member Number”). PHG 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 iPrefer Points associated with your iPrefer Member 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.
PHG may, without notice, terminate an iPrefer membership 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 hotel charges; (f) maintaining more than one active account per iPrefer Member or (g) taking any action which is a detriment to the Program or any of its Participating Hotels as may be determined by PHG in its sole discretion.
You may terminate your iPrefer membership at any time by sending a letter to iPrefer, Preferred Hotel Group, Inc., 311 South Wacker Drive # 1900, Chicago, IL 60606 or an e-mail to iPrefer@preferredhotels.com stating your desire to terminate your membership, your name, e-mail address, and iPrefer Member Number. Your membership account will terminate upon the date your correspondence is received by PHG.
If your iPrefer membership is terminated by you or PHG, all iPrefer 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 iPrefer Points or previous membership benefits forfeited from your previous membership account.
iPrefer Points may not be redeemed if an iPrefer Member becomes Inactive, in which case the iPrefer Points in the iPrefer Member’s account will be terminated. An iPrefer Member is considered “Inactive” if during a 24 month period: (a) the iPrefer Member has not stayed at a Participating Hotel; (b) the iPrefer Member has not earned, received, or redeemed any iPrefer Points; or (c) the iPrefer Member has not redeemed any Reward Certificates earned through the Program.
Membership benefits, iPrefer Points, and Reward Certificates are only provided by hotels actively participating in the Program at the time of check-in. (“Participating Hotels”) A list of Participating Hotels is at www.iPrefer.com. PHG is not responsible for hotel withdrawals from the Program.
If a hotel terminates its status as a Participating Hotel, after you make a reservation but before you check-in, Reward Certificates will no longer be valid at that hotel, even if your reservation was made prior to the hotel’s termination date.
EARNING iPREFER POINTS
iPrefer Points can be earned for hotel stays only at Participating Hotels listed on www.iPrefer.com. This list may be updated at any time in PHG’s sole discretion.
To earn iPrefer Points, an iPrefer Member must book a stay at a Participating Hotel through one of the following eligible booking channels with a valid iPrefer Member Number. A “Stay” is either one night or the total number of consecutive nights at the same hotel. Eligible reservations must contain a valid iPrefer Member Number at the time of booking or be added to the reservation during or prior to check-in. If not, the reservation will not be eligible to earn iPrefer Points. iPrefer Points will not be earned for reservations made before the iPrefer Member has received an iPrefer Member Number. iPrefer Points will only be credited to the iPrefer Member Number provided at the time of the reservation. Only one iPrefer Member Number may be associated with each reservation. Only rates booked for Participating Hotels through the “Eligible Booking Channels” described below are eligible to earn iPrefer Points. Some rates and/or reservations such as complimentary or barter stays, employee/industry/airline crew rates, group rates, wholesale/tour operator rates, reservations paid for with wholesale vouchers or airlines vouchers, and canceled/no-show bookings may not be eligible for iPrefer Points. In addition, Participating Hotels may also exclude certain rates from earning iPrefer Points (e.g. corporate negotiated rates).
An iPrefer Member will only receive iPrefer Points for a qualifying reservation after the iPrefer Member completes his/her Stay, has checked-out, and paid in full for the Stay. The iPrefer Member must have an active membership at the time of check-out. Stays that are fully or partially paid for by iPrefer Reward Certificates are eligible for iPrefer Points. No shows and canceled stays are not valid even if fully paid. iPrefer Points will be available seven (7) days after departure.
iPrefer Points are calculated based upon Reservation Revenue and the calculation does not include taxes, service charges, resort fees, or gratuities. (“Reservation Revenue”). However, Participating Hotels in their sole discretion may elect to award iPrefer Points on non-room charges including food and beverage, spa, parking, business center, gift shop purchases, telecommunications, dry cleaning and laundry, fitness center, in-room movies or games, tips and gratuities, no show charges, and cancelation fees. PHG and Participating Hotels may occasionally offer other opportunities to earn iPrefer Points including promotional incentives and other purchase opportunities. These offers may be temporary and can be discontinued at any time in PHG’s or the Participating Hotel’s sole discretion. Such offers are void where prohibited by law.
Hotel stays paid in non-US currency will be converted at an exchange rate determined by PHG. This may be the foreign exchange rate used by the Participating Hotel at check-in, at check-out, or another rate selected by PHG.
The Eligible Booking Channels and the rate that Eligible Bookings will accrue iPrefer Points are described below.
|Eligible Booking Channel||iPrefer Points awarded per every $1 (USD) paid at check out for Reservation Revenue.|
iPrefer.com, PreferredHotels.com, PreferredGolf.com; Preferredfamily.com
Preferred Hotels & Resorts call centers
Travel agent bookings (other than online travel agent such as Travelocity, Orbitz, Expedia, Hotels.com and other similar agencies)
Hotel direct bookings, e.g. phone bookings
If you were not properly credited for your stay or believe your iPrefer Point balance is inaccurate, you may claim an adjustment from PHG within six (6) months after the check-out date by using the "request points" function on iPrefer.com and following the instructions, including attaching an electronic copy of your final hotel bill reflecting the charges for which you are claiming points. Point requests will not be accepted until a folio has been attached. Failure to supply adequate and unaltered information or documentation may result in a denial of such iPrefer Points. For the iPrefer Member’s protection, all receipts and documentation should be retained by the Member until the iPrefer Points are correctly credited to the iPrefer Member’s account.
iPrefer Points are awarded on the data contained in the guest reservation at the time of check-in. Changes to the reservation at check-in or after check-in must be reported to PHG by the iPrefer Member or the Participating Hotel within six (6) months of check-out for the relevant stay in order for the iPrefer Points calculation to reflect new details.
PHG may adjust an iPrefer Members’ account balance at any time in its sole discretion.
iPrefer Points are a measurement of an iPrefer Member’s participation in the Program and have no independent value whatsoever. Accrued iPrefer Points do not constitute property of the iPrefer Member. iPrefer Points are not redeemable for cash or any other form of credit. Use of the word “earn” in marketing materials and these Program Terms in relation to iPrefer Points shall mean to collect iPrefer Points as a measurement of participation in the Program and does not mean that the iPrefer Points have any value. iPrefer Points are only redeemable for awards, as provided for herein, and only when combined with the other prerequisites for redemption, including an active iPrefer account. iPrefer Points are for the iPrefer Member’s benefit only and are not transferable to another person except as described in these Terms. iPrefer Members can transfer iPrefer Points to another iPrefer Member by sending a transfer request to iPrefer@preferredhotels.com. The transfer request should include the transferring Member’s iPrefer Member Number, the transferee iPrefer Member’s iPrefer Member Number, and the number of iPrefer Points the transferring iPrefer Member wants to transfer to the transferee iPrefer Member. In the case of the death of an iPrefer Member, PHG, in its sole discretion, may transfer unredeemed iPrefer Points to another iPrefer Member upon PHG’s receipt and review of all requested documentation and communications including a death certificate. To request a transfer of iPrefer Points in the case of death, send an e-mail to iPrefer@preferredhotels.com. Sale or barter of iPrefer Points is prohibited. iPrefer Points that have been transferred, sold or assigned in connection with a sale or barter may be confiscated or canceled.
REDEEMING iPREFER POINTS
An iPrefer Member may redeem iPrefer Points to obtain Reward Certificates as outlined in the current Reward Chart on iPrefer.com (“Reward Certificates”). iPrefer Members can redeem the iPrefer Member’s iPrefer Points by signing into their iPrefer account on iPrefer.com. iPrefer Points will be subtracted from his or her account when the redemption transaction is complete. You must have sufficient iPrefer Points in your account for the transaction and your iPrefer account must be active, as described in these Program Terms.
It is solely the responsibility of the iPrefer Member to be informed about the Program and to redeem the iPrefer Points.
All Reward Certificates are subject to certain restrictions including these Program Terms, the Terms on the Reward Certificates, and the Reward Certificate order delivery e-mail.
Reward Certificates may not be sold, auctioned, bartered, brokered, or purchased. Any Reward Certificate obtained in that manner will be considered to have been fraudulently obtained and deemed void. Reward Certificates will be void if copied or modified.
Reward Certificates will not be replaced, reissued or credited if lost, stolen or otherwise destroyed unless authorized by PHG in its sole discretion. Requests should be sent to iPrefer@preferredhotelgroup.com.
MEMBERSHIP TIERS AND BENEFITS
The Program offers three membership tiers based upon the number of iPrefer Points earned by a member.
|Tier||Benefits at Participating Hotels|
Complimentary Internet if not already included in your stay or resort fees (the Internet access may be provided in-room, in public areas, or in business center.)
Silver Level Benefits
Gold and Silver Level Benefits
Silver iPrefer Membership
Silver iPrefer Membership will be granted to all iPrefer members once PHG accepts your membership.
Gold iPrefer Membership
Gold iPrefer Membership will be granted to all members who earn 5,000 or more iPrefer Points during a year starting on the date of acceptance into the Program and restarting annually on yearly anniversary of the iPrefer Member’s acceptance into the Program. Gold iPrefer Membership status will be granted as soon as the member earns 5,000 iPrefer Points and will continue throughout the next year of membership in the Program. The Gold iPrefer Membership status will expire at the end of the next year of membership in the Program. At that time, the member will receive Silver iPrefer Membership status unless the member has earned enough iPrefer Points for the Gold or Platinum iPrefer Membership status.
Platinum iPrefer Membership
Platinum iPrefer Membership will be granted to all members who earn 15,000 or more iPrefer Points during a year starting on the date of acceptance into the Program and restarting annually on the anniversary of the iPrefer Member’s acceptance into the Program. . Platinum iPreferMembership will be granted as soon as the member earns 15,000 iPrefer Points and will continue throughout the next year of membership in the Program. The Platinum iPrefer Membership 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 Gold iPrefer Membership status unless the iPrefer member has earned enough iPrefer Points for the Platinum iPrefer Membership status.
PHG will make best efforts to deliver the iPrefer Membership Benefits to iPrefer Members. However, not all benefits may be available at all Participating Hotels. PHG will not be liable for refunds or for any consequential damages resulting from failure to deliver these benefits.
iPrefer Members can view their account details, current iPrefer Points balance, previous activity, and update their personal information and communications preferences by logging in to their account at iPrefer.com. iPrefer members will need to provide his or her iPrefer Membership Number or 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 iPrefer Member is responsible for notifying PHG 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.
iPrefer Members will have an assigned iPrefer Member Number, the Member will assign their own password for their account. The iPrefer Member is responsible for keeping his or her password, membership number and other account information confidential. PHG is entitled to act on instructions received under an iPrefer Member Number or account. PHG is not responsible for any actions taken by a third party using an iPrefer Member’s account or iPrefer Member Number.
iPrefer Members must provide their iPrefer Member Number and verify personal information prior to receiving any account information. Individual account information will not be given to anyone other than the iPrefer Member whose name appears on the account unless required in connection with a law enforcement investigation or by legal process.
Any errors or omissions on transactions posted to an iPrefer Member’s account must be reported within six (6) months after the check-out date by using the "request points" function on iPrefer.com and following the instructions, including attaching an electronic copy of your final hotel bill reflecting the charges for which you are claiming points. Point requests will not be accepted until a folio has been attached. Failure to supply adequate and unaltered information or documentation may result in a denial of such iPrefer Points. For the iPrefer Member’s protection, all receipts and documentation should be retained by the iPrefer Member until the iPrefer Points are correctly credited to the iPrefer Member's account.
If PHG improperly denies an iPrefer Member an iPrefer Point accrual or benefit, PHG’s liability will be limited to the equivalent of that iPrefer Point accrual or benefit.
PHG has the right to correct any iPrefer Points posted in error.
TRANSFER OF RIGHTS
The rights and obligations of PHG under the Program may be assigned or transferred by PHG 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.
PHG 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 iPrefer Points. PHG reserves the right to correct, without notice, any errors.
INTERPRETATION OF PROGRAM TERMS.
All interpretations of these Program Terms will be at PHG’s sole discretion and PHG’s decisions will be final.
PHG’s waiver of any breach of these Program Terms by any iPrefer Member will not constitute a waiver of any other prior or subsequent breach of these Program Terms. PHG’s failure to insist upon strict compliance with these Program Terms by any iPrefer Member will not be deemed a waiver of any rights or remedies that PHG may have against that or any other iPrefer Member. PHG 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, PHG AND OTHER AFFILIATED COMPANIES INCLUDING PARTICIPATING HOTELS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “PHG 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, PHG 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, PHG 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.
PHG 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 IPREFER.COM WEBSITE; (III) ANY FAILURE, DELAY, OR DECISION BY PHG AND ITS AFFILIATED PARTIES IN ADMINISTERING THE PROGRAM INCLUDING THE ACCEPTANCE OF AN IPREFER MEMBER APPLICATION, CORRESPONDENCE, REDEMPTION REQUESTS, OR ISSUING OF IPREFER 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 PHG 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 IPREFER POINTS; (VII) ANY FAILURE OF COMMUNICATION; (VIII) THE REDEMPTION OR USE OF IPREFER 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 GOOD WILL, 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 PHG 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 PHG 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 PHG 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 PHG 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.
PREFERRED HOTELS & RESORTS, PREFERRED RESIDENCES, I PREFER, HISTORIC HOTELS WORLDWIDE, PREFERRED GOLF CLUB are trademarks and service marks of PHG.
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.
For any disputes arising out of or related to the Program or these Program Terms, you acknowledge and agree that you will first give PHG 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: iPrefer@preferredhotels.com or mailing address: iPrefer, Preferred Hotel Group, Inc., 311 South Wacker Drive #1900, Chicago, IL 60606.
You then agree to negotiate with PHG 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 PHG’s 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 arise 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 PHG’s 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 PHG and/or the applicable third party(ies). 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 PHG 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, PHG 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 (877) 467-6979 or the international numbers listed at www.iPrefer.com/contact.us OR BY SENDING AN EMAIL TO iPrefer@preferredhotels.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 PHG 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 iPrefer Points are subject to all applicable local laws and regulations. Membership in the Program, member benefits, iPrefer Points, and Reward Certificates 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 iPrefer Member’s 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.
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.”
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to 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 PHG 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.
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 www.iPrefer.com/contact.us. We will address any issue to the best of our abilities as soon as possible.