These terms and conditions (this "Agreement") govern the Wingtip Rewards program. Purchase or use of any membership in the Wingtip Rewards Program ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement, as amended from time to time.
The Wingtip Rewards Program entitles Members to the following benefits:
- Members will accrue one (1) point for every one (1) dollar of merchandise purchased. Points are earned on what you actually pay, after any discounts or gift certificate or loyalty point redemptions.
- Points are generated after an order, or part of an order, is shipped. Due to the 30 day Return Policy, Members will see points in a "Pending" state until thirty (30) days after the order ships. After 30 days, Members may redeem points for merchandise, or use them to save on merchandise.
- Members may redeem ten (10) points for $1 in savings on merchandise.
- Members may be offered the opportunity to earn points at an accelerated rate periodically through special promotions at Wingtip stores and at wingtip.com.
(a) Points are accrued, but cannot be redeemed, for any items marked down 25% or more.
(b) Points are not earned, nor can they be redeemed, for gift wrapping, alterations, shipping, or sales tax.
(c) Points can be earned for the purchase of gift certificates. Points cannot be redeemed for gift certificates.
(d) Returns will result in the subtraction of points equal to the value of the points of the goods exchanged. If part of the order is not returned, the Member will retain the points for the merchandise not being returned.
(e) Exchanges will result in no net activity to a Member's points balance unless the item being substituted is more or less expensive than the original item purchased, in which case the Member's points balance will be adjusted to reflect the final purchase price(s).
(f) Unused points will expire after twelve (12) months. When redeeming points at a Wingtip store or through wingtip.com, the oldest points will automatically be applied first. Only those points that were generated twelve months earlier will expire; points generated since then will remain in the Member's balance for use.
(g) Memberships are for individual use only and are non-transferable. When used online at wingtip.com, a Member number may only be associated with one wingtip.com account.
(h) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by (i) updating Member profile data through an authenticated onthefly.com account, (ii) requesting an update from any Wingtip store, or (iii) calling Customer Service at 1-866-880-8481. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.
There is currently no Membership fee for the Wingtip Rewards Program. We may change the Membership fee at any time, but changes will apply only to new Memberships.
(a) You have the right to cancel your Membership at any time. No refunds will be available after such thirty (30) day period (unless we terminate the Wingtip Rewards Program in its entirety; see subsection below regarding program termination). Subject to the foregoing, you may cancel your Membership by: (i) calling Customer Service at 1-866-880-8481, or (ii) contacting us via email.
(b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.
(c) We may terminate any or all of the benefits available under the Wingtip Rewards Program at any time with or without notice. In the event of our termination of the Wingtip Rewards, at our election, we will maintain your Points Balance until points accrued during the program are redeemed for merchandise, or expire.
Disclaimers; Limitation of Liability
USE OF THE ON THE FLY MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ON THE FLY, INC. AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE WINGTIP REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE ON THE FLY FREQUENT FLYER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE WINGTIP REWARDS PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WINGTIP REWARDS PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE ON THE FLY FREQUENT FLYER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE WINGTIP REWARDS PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WINGTIP REWARDS PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Wingtip Rewards Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude On The Fly, Inc. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Wingtip Rewards Program with respect to the Wingtip Rewards Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Wingtip Rewards Program is deemed to have accepted the terms and conditions of this Agreement.
Changes to This Agreement
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at wingtip.com/wingtip-rewards. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at wingtip.com/frequent-flyer/terms. You may also obtain a copy at any Wingtip store or by calling Member Services at 1-866-880-8481.
This Agreement was last modified on October 18, 2012.