TextbookRush Rush Rewards U program terms and conditions

The TextbookRush Rush Rewards U Program (the “Program”) is a paperless, electronic customer loyalty program operated by or on behalf of Book Dog Books, LLC (“TextbookRush”). The Program provides registered users of the TextbookRush website (“Members” or “you”) with the opportunity to earn “Carrot Coins” by participating in various activities, some of which are described below. Carrot Coins are the program currency that can be redeemed for various “Awards” as set forth below. With each action taken you also earn XP (Experience Points) that are your lifetime accumulation of points in the Program. These Terms and Conditions govern the Program. Please read these Terms and Conditions carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms TextbookRush or any other person or entity, as determined by TextbookRush in its sole discretion.

The Program is open only to legal residents of the fifty (50) United States and the District of Columbia who are registered members of TextbookRush.com (the “Website”) and who are eighteen (18) years of age or older as of the time of participation. Any person whose access to the Website has been terminated or suspended by TextbookRush is NOT eligible to participate in the Program. To become a registered member of the Website, (registration is free), go to the Website, submit the information requested on the registration page and confirm your agreement to the Website's Terms and Conditions. For the sake of completeness, the Website's Terms and Conditions are incorporated herein by this reference. Once you complete and submit all of the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. TextbookRush may, at any time, require you to verify your name and address by means of faxing or mailing to TextbookRush a copy of your driver's license or other form of identification approved by TextbookRush, in addition to providing TextbookRush with a signed statement of legitimacy; and TextbookRush may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Carrot Coins in your Account may be forfeited, and TextbookRush may, at its sole discretion, terminate your membership and permanently ban you from using the Website. Additional or different eligibility criteria may apply to certain opportunities to earn Carrot Coins and other invitations made by TextbookRush.com or its affiliates (the “Program Entities”) or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Carrot Coins for combined use, unless such use is expressly permitted by TextbookRush.

There are many ways to earn Carrot Coins on the Website or through programs and invitations offered by the Program Entities. Some of the ways to earn Carrot Coins may include the following (the number of Carrot Coins awarded for such activities and the daily or other limits set forth below are subject to change). There is a Daily Earning Cap of 400 Carrot Coins:

• Share a product

  If you use the icons provided on the Website to share a TextbookRush product on your Facebook page, Twitter account, Instagram account or other social media account designated by TextbookRush (each, a “Share”), you will receive ten (10) Carrot Coins. Limit of one (1) Carrot Coin-earning Share per 300 seconds.

• Making a book purchase

  You will receive Carrot Coins each time you purchase a book on the Website. You will receive 1 Carrot Coin for every dollar spent. Dollars are rounded up, Spend $1.10 and you will receive 2 Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a purchase at any time in its sole discretion.

• Completing a buyback

  You will receive Carrot Coins each time you complete a buyback on the Website. You will receive 1 Carrot Coin for every dollar sold. To earn the Carrot Coins, buyback must be received, checked in and payment made to Member before Carrot Coins are awarded. Dollars are rounded up, Spend $1.10 and you will receive 2 Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a buyback at any time in its sole discretion.

• Completing a consumer electronic buyback

  You will receive Carrot Coins each time you complete a consumer electronic buyback on the Website. You will receive 1 Carrot Coin for every dollar sold. To earn the Carrot Coins, buyback must be received, checked in and payment made to Member before Carrot Coins are awarded. Dollars are rounded up, Spend $1.10 and you will receive 2 Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a buyback at any time in its sole discretion.

• Renting a textbook

  You will receive Carrot Coins each time you rent a textbook on the Website. 1 Carrot Coin for every dollar spent. You will receive an additional fifteen (15) Carrot Coins when you return your rental on time and it is checked in. You will receive an additional five (5) Carrot Coins when you return your rental late. Dollars are rounded up, Spend $1.10 and you will receive 2 Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a purchase at any time in its sole discretion.

• Purchasing consumer electronic products

  You will receive Carrot Coins each time you purchase a consumer electronic device. 1 Carrot Coin for every dollar spent. Dollars are rounded up, Spend $1.10 and you will receive 2 Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a purchase at any time in its sole discretion.

• Purchasing movies and games

  You will receive Carrot Coins each time you purchase movies or games. 1 Carrot Coin for every dollar spent. Dollars are rounded up, spend $1.10 and you will receive 2 Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a purchase at anytime in its sole discretion.

• Referrals

  The Website will provide Members with the opportunity to invite friends to register with the Website. You will receive twenty five (25) Carrot Coins when a referred friend registers with the Website. You will receive twenty five (25) Carrot Coins when a referred friend opts in to The Program. The first time a referred friend completes a transaction you will receive twenty five (25) Carrot Coins. TextbookRush reserves the right to change the amount of Carrot Coins earned for a purchase at anytime in its sole discretion.

• Additional actions

  When you opt in to the loyalty program, you will receive fifty (50) Carrot Coins, limited to 1 time only. When you complete all the fields in your account profile you will receive fifty (50) Carrot Coins, limited to 1 time only. When you opt into promotional emails from TextbookRush, you will receive twenty five (25) Carrot Coins, limited to 1 time only. When you opt into SMS messages, you will receive twenty five (25) Carrot Coins, limited to 1 time only. When you log in to your account on the Website, you will receive ten (10) Carrot Coins, limited to 1 time a day. When the Website receives a visit to the Website as a result of a share you performed, you will receive one (1) Carrot Coin.

The Program may award more than one type or “class” of Carrot Coins. The number and type of Carrot Coins (“Carrot Coins Level”) that can be earned by participating in any opportunity to earn Carrot Coins will be disclosed when the opportunity is presented. THIS IS VERY IMPORTANT: In accumulating Carrot Coins, you may not rely upon continued Carrot Coins Levels. TextbookRush, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, forfeit or cancel any Carrot Coins Level.

Members may redeem Carrot Coins for merchandise, digital or other virtual assets and other awards as determined by TextbookRush (each, an “Award”). Instructions for redeeming Carrot Coins will be disclosed when the redemption opportunity is presented. TextbookRush, in its sole discretion, may impose a limit on the number of Awards in the aggregate or by type that may redeemed per Account, per day, per Award or per any other generally-applicable metric that may be selected by TextbookRush from time to time in its sole discretion.

Awards are subject to availability as determined by TextbookRush in its sole discretion. TextbookRush reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The number of Carrot Coins required to redeem any Award may be increased, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by TextbookRush or its designee or the third party business partner supplying the Award. Awards are non-assignable and non-transferable and may not be bartered or sold. Any Awards assigned, transferred, bartered or sold in violation of these Terms and Conditions may be confiscated or cancelled. Physical Awards will be shipped only to the United States address currently on file with TextbookRush for the applicable Member's Account and will not be shipped to any other person or address. A pattern of redeeming Carrot Coins for Awards preceded or followed by changing the address for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. TextbookRush reserves the right to substitute Awards of comparable or greater value if any redeemed Award becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Awards will be fulfilled within ten to 14 days from date of redemption. Awards pictured in Promotional Materials, Carrot Coin-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Award may vary from the Award pictured.

All details and restrictions of the Awards not specified at the time the redemption opportunity is presented will be determined by TextbookRush in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. If required by law, as determined by TextbookRush in its sole discretion, TextbookRush reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.

Carrot Coins have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Carrot Coins obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Carrot Coins may be confiscated or cancelled. Carrot Coins must be redeemed in accordance with these Terms and Conditions. Carrot Coins will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. TextbookRush reserves the right, in its sole discretion, to determine and modify, at any time, the value of Carrot Coins and the number of Carrot Coins that may be earned for any given activity. Carrot Coins cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Carrot Coins, they are gone and there are no refunds, returns or exchanges for additional Carrot Coins, cash, or other goods and services, even if you return the merchandise or other item(s) that your Carrot Coins were redeemed toward.

You can view your Carrot Coins Account balance and a limited transaction history by logging onto your Account.

TextbookRush may modify any of these Terms and Conditions, including, but not limited to, the methods through which Carrot Coins can be earned, how Carrot Coins can be used, the types or “classes” of Carrot Coins available, and the conditions under which Carrot Coins may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Carrot Coins that he/she has already earned. The Program has no predetermined termination date and may continue until such time as TextbookRush decides to terminate the Program. TextbookRush may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website and/or via email to the Member's email address currently on file with TextbookRush for their Account.

If TextbookRush amends these Terms and Conditions, it will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes to these Terms and Conditions that TextbookRush considers to be material, TextbookRush will place a notice on the Website by revising the link on the home page to read substantially as “Updated Carrot Coins Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Carrot Coins, redeeming Carrot Coins, logging onto your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.

If TextbookRush decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by TextbookRush in its sole discretion after the date Program termination is announced to use their remaining Carrot Coins. Use of any remaining Carrot Coins will be on a first come, first serve basis and otherwise subject to the availability of Awards. Members may not rely on continued Award availability. TextbookRush makes no representation or warranty about the number or type of Awards that may be available after Program termination has been announced, and many Awards that may have been available prior to termination will quickly become depleted or otherwise unavailable after the Program termination has been announced. Any Carrot Coins remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. TextbookRush may cancel your membership, cancel accumulated Carrot Coins, alter the number of Carrot Coins in your Account or suspend your membership privileges at any time with immediate effect for any reason, including without limitation if TextbookRush determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Carrot Coins, Carrot Coins usage or Carrot Coins redemption; or (e) engaged in any conduct or act that causes TextbookRush to terminate or suspend your access to the Website. TextbookRush may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit TextbookRush in its exercise of any legal or equitable rights or remedies.

TextbookRush reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by TextbookRush and announced from time to time on the Website. TextbookRush in its sole discretion may allow Members to prevent their Carrot Coins from expiring by following TextbookRush's instructions.

ACCRUED CARROT COINS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. CARROT COINS ARE CREDITS THAT TEXTBOOKRUSH MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. CARROT COINS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Carrot Coins earned from engaging in any activities, the Member must contact TextbookRush to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, TextbookRush reserves the right to seek damages from any such person to the fullest extent permitted by law. TextbookRush's failure to enforce any of these Terms and Conditions shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Carrot Coins, or a Member's compliance with these Terms and Conditions will be resolved by TextbookRush in its sole discretion.

The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Carrot Coins. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Carrot Coins. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of TextbookRush which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, TextbookRush reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as TextbookRush deems appropriate. In the event TextbookRush is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within TextbookRush's control (each a “Force Majeure” event or occurrence), TextbookRush shall have the right to modify, suspend, or terminate the Program, in whole or in part.

Any attempts by any Member to access the Program or Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. TextbookRush, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms and Conditions of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass TextbookRush, its representatives or any other Member in any manner related to the Program, (vi) tampering with, altering, or attempting to alter Carrot Coins standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Carrot Coins, or (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Carrot Coins.

This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. TextbookRush is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Award. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT TEXTBOOKRUSH HAS IMPROPERLY DENIED THAT MEMBER ANY CARROT COINS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF CARROT COINS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.

Notwithstanding any other provision of these Terms and Conditions, in the event there is a direct conflict between these Terms and Conditions and either the Website's or applicable Promotional Website's Terms and Conditions or the Website's or applicable Promotional Website's Privacy Policy, these Terms and Conditions will govern, control and prevail as to the Program, including but not limited to those Terms and Conditions dealing with limitation of liability, arbitration, governing law and jurisdiction.

Unless otherwise indicated in these Terms and Conditions, by entering and participating in the Program, Members consent to the use of personal information provided in connection with the program (including name, shipping address, billing address, telephone numbers, e-mail address, internet cookies and payment information such as credit card) as set forth in the online privacy policy residing on the Website. Such personal information will generally be used to improve your customer experience as well as for Program marketing purposes. Your personal information will never be sold to or shared with third parties except where required by law. Members should review the complete privacy terms.

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR THE PROGRAM ENTITIES IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF OHIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICTS OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS.

By participating in the Program in any way, you unconditionally consent and agree that:

1. any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Program Entities arising out of, relating to, or connected in any way with the Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the Judicial Arbitration and Mediation Service (“JAMS”) and conducted before a sole arbitrator in accordance with the rules of JAMS;
2. this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
3. the arbitration shall be held in Columbus, Ohio provided, however that any Member shall be permitted to participate in arbitration by telephone, Skype or similar remote access device;
4. the arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website;
5. the arbitrator shall apply Ohio law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
6. there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Program Entities' individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
7. the arbitrator shall not have the power to award punitive damages against you or any Program Entity;
8. in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Program Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, TextbookRush agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TextbookRush will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
9. with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor TextbookRush shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.