Acknowledgment and Acceptance

The Sperry and Hutchinson Company, Inc., its parent, subsidiaries and affiliates ("S&H") require that all visitors to our site comply with the following rules and regulations. By accessing our site and/or by enrolling as a S&H greenpoints member and/or by using the greenpoints program, you agree that you have read and understand and agree to these terms and conditions, as they may be modified by S&H from time to time, (the "Membership Agreement") and that your use of this site and your participation in the S&H greenpoints program is subject to this Membership Agreement. If you do not agree to be bound by this Membership Agreement, please do not use this site and please do not register to be an S&H greenpoints member. S&H reserves the right, at its sole discretion, with or without notice, to modify these terms and conditions, and any of the rules, procedures, and conditions pertaining to the greenpoints program at any time. Please check this page periodically for changes and the most current version of the Membership Agreement.

Recent Changes:
Effective as of May 12, 2005 we have modified our membership agreement by adding new language at the ends of the sections entitled: "Redemption of Greenpoints" and "Limitation of Liability" to clarify how S&H deals with redemption items that may be out-of-stock or discontinued, and that S&H is not responsible for typographical or other errors in its rewards catalogs or on its website.

Our membership agreement addresses the following topics:

	Copyright Notice
	Intellectual Property Rights
	S&H Privacy Policy
	Participation Terms
	Redemption of Greenpoints
	Transferability of Greenpoints
	S&H greenpoints Member Obligations
	Termination of Accounts
	Disclaimer of Warranties
	Limitation of Liability
	Dealings with Third Parties
	Indemnification
	Governing Law, Jurisdiction
	Donations to Charity
	Other Terms and Conditions

The documentation, software and other materials contained at this site and used in the S&H greenpoints program are owned and copyrighted by The Sperry and Hutchinson Company, Inc., 1625 South Congress Ave., Delray Beach, FL 33445.

S&H, S&H greenpoints, S&H Green Stamps, the S&H logo as well as other names of S&H products, product features and services are trademarks and/or service marks of S&H in the United States and other countries. The S&H greenpoints program is a proprietary program of S&H for which a patent application has been made. Other products and services mentioned on this website may be the trademarks of their respective owners.

Nothing contained herein shall be construed as conferring, by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright or other intellectual property right, except those expressly provided herein. The products, processes, software and other technology described at this site may be the subject of other intellectual property rights owned by S&H or by third parties and no licenses are granted herein.

You may use the information contained on this site for informational purposes only. Commercial uses are prohibited. You may not change or modify the information in any way that may be adverse to the interests of S&H.

S&H is committed to maintaining the privacy of S&H greenpoints members' personal information. For more information, please see our Privacy Policy.

Only persons residing in the U.S. and who are 13 years of age or older and, subject to S&H's prior approval, organizations having their principal office in the United States, may enroll in the S&H greenpoints program and become members. S&H's site is not directed to or intended to be used by children under the age of thirteen.

S&H greenpoints membership is limited to one account per an individual or group.

S&H reserves the right at any time to limit S&H greenpoints enrollment.

Greenpoints may be spent only on rewards as offered through S&H greenpoints and its partners at the time of redemption. At the time of redemption members will be asked to identify themselves by presenting their membership card for in-store redemption, and their password for on-line redemption. Members should limit access to their membership number and password only to persons authorized by member to use them.

Greenpoints may only be transferred between S&H greenpoints members, and greenpoints gained outside of the program will not be redeemed by S&H.

Greenpoints will be subtracted from a member's account once the reward is requested.

S&H reserves the right to refuse refund of greenpoints to a member if merchandise is returned.

Newly enrolled members cannot transfer greenpoints from their account until a period of 30 days has elapsed and a purchase transaction is completed through an S&H participating merchant.

Although S&H uses great care in preparing its rewards catalogs, and in placing redemption offers on its website, occasionally mistakes do occur. S&H is not responsible for typographical, photographic errors and/or other errors or omissions its rewards catalogs or on its website. S&H reserves the right to reject redemption orders in the event of an error. In the event a redemption item is out of stock or discontinued, S&H reserves the right to either not replace the item and to refund the greenpoints or to replace the item with one of equal or better value.

Greenpoints may not be transferred to non-S&H greenpoints accounts and are void if transferred.

S&H greenpoints and/or rewards may never be bartered or sold. S&H greenpoints are not transferable in the event of a member's death, as part of a domestic relations matter, or otherwise by operation of law.

Members shall comply with all rules, laws, and regulations that are applicable. Members acknowledge that they may only participate in S&H greenpoints if and to the extent such participation is permitted by such laws, rules, and regulations. S&H may refuse to enroll a member, or to restrict, modify, or terminate a member's participation in the S&H greenpoints program without liability to the member or any other party, if a member violates any law, rule, or regulation, or if a member's participation in the S&H greenpoints program could violate any law, rule, or regulation.

Members agree not to forward any S&H greenpoints offers or promotions to others without first obtaining the express written permission of S&H; S&H greenpoints offers are specific to a member's membership unless otherwise stated.

Members agree not to abuse S&H greenpoints privileges by conduct which is detrimental to S&H, including without limitation attempting to accrue greenpoints or spend greenpoints in a manner inconsistent with the policies of S&H greenpoints or the intent of this Agreement, having multiple accounts attempting to earn greenpoints through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with S&H greenpoints award links.

Members agree to provide only accurate and true information to S&H at all times.

Members agree to comply with all terms of S&H, partner offers, promotions, and programs at all times.

Members agree to promptly notify S&H of any change in address (mail or email) by updating his or her personal information at the S&H greenpoints website.

Termination of a member's membership by a member is effective as soon as the member submits the termination request. Members may not earn greenpoints after termination. If termination is requested by a member, any greenpoint balance may be redeemed within two years after termination, after which time unredeemed greenpoints will be cancelled.

Should a member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with S&H greenpoints the member's only recourse is to immediately discontinue participation in S&H greenpoints and terminate his or her membership.

S&H reserves the right to terminate the membership of any member who appears to be using S&H greenpoints in a manner inconsistent with this Agreement, the intent of this Agreement, or any S&H greenpoints rules. In the event of such termination, S&H may elect to cancel the greenpoints in such member's account.

S&H shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of greenpoints) shall be final and binding.

S&H reserves the right to change, modify or discontinue the S&H greenpoints service with or without notice to the member.

S&H shall not be liable to member or any partner should S&H exercise its right to modify or discontinue the S&H greenpoints service.

S&H reserves the right to terminate any membership if that member has been inactive for a period of 24 consecutive months. A member shall be considered "Inactive" for such time as the member has not engaged in either any greenpoint earning or spending transaction. Upon termination of an inactive account, the accrued greenpoints will be cancelled.

Members expressly agree that use of S&H greenpoints is at the member's sole risk.

S&H greenpoints and all services offered in connection therewith are provided on a strictly "as is" and "as available" basis. S&H MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY MEMBERS THROUGH S&H GREENPOINTS OR THROUGH S&H GREENPOINTS PARTNERS; THAT S&H GREENPOINTS WILL MEET MEMBERS' REQUIREMENTS; OR THAT S&H GREENPOINTS WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES S&H GREENPOINTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF S&H GREENPOINTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY S&H GREENPOINTS.

S&H disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. S&H shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by S&H greenpoints partners, manufacturers of merchandise or suppliers of services. No advice or information, whether oral or written, obtained by a member from S&H through S&H greenpoints shall create any warranty not expressly made herein.

S&H SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN S&H GREENPOINTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU.

S&H is not responsible for any damages or losses that result from participating or inability to participate in S&H greenpoints, or reliance on or use of information, services, or merchandise provided on or through S&H greenpoints.

Members acknowledge and agree that S&H greenpoints neither endorses the contents of advertisements or partner Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.

S&H is not responsible and assumes no liability for any changes or discountinuances of service from providers, which may affect offers, or the accrual of greenpoints.

In no event shall S&H's liability, either jointly or severally, exceed the amount of $100.

THE INFORMATION, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON S&H’s WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND S&H SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. S&H RESERVES THE RIGHT TO REJECT REDEMPTION ORDERS IN THE EVENT OF AN ERROR. S&H DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON ITS SITE IS COMPLETE OR UP-TO-DATE. S&H IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON ITS SITE. S&H MAY CHANGE THE CONTENT ON ITS SITE AT ANY TIME WITHOUT NOTICE.

A member's correspondence or participation in promotions of S&H greenpoints partners is solely between the corresponding member and the partner. S&H greenpoints assumes no liability, obligation or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of such offer or promotion.

Members understand that, in some cases, there may be delay in the crediting of greenpoints awarded by partners due to partner's failure to provide necessary information to S&H greenpoints for such crediting of greenpoints. S&H will not be responsible or liable for the delay or failure to credit greenpoints in such event.

S&H prohibits unauthorized links from being placed on the S&H greenpoints website. S&H reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to this site.

Members agree to indemnify and hold S&H, its affiliates, officers and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to use of S&H greenpoints or violation of this Agreement.

This contract shall be governed by the laws of the State of Massachusetts, excluding its conflict of law principles.

Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Boston, Massachusetts, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Member and S&H agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

Members may elect to donate greenpoints to charity. In the event that a member donates greenpoints to charity, member agrees that S&H may act as member's agent in connection with withdrawing such greenpoints from member's account, and completing the donation to the charity.

This Agreement constitutes the complete and exclusive understanding between S&H and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

If any provision of this Agreement is held by the arbitrators to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

S&H's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by S&H in writing.

All notices given by S&H may be given by email, regular mail or by general posting on the S&H greenpoints website.