Rewards Program Terms

Rewards/Loyalty Terms & Conditions

IBOTB REWARDS LOYALTY PROGRAM

TERMS AND CONDITIONS

(LAST UPDATED OCT 1, 2022)

THESE TERMS GOVERN YOUR PARTICIPATION IN THE IBOTB, INCLUDING ANY OF OUR BRANDS, REWARDS LOYALTY PROGRAM AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER” BELOW). 

ABOUT THE PROGRAM

The IBOTB, including any of our bands stand alone Rewards Rewards Program (hereinafter the “Rewards Program”) is operated by Beach Spot Inc. dba It’s Better On The Beach (hereinafter “IBOTB”) on behalf of Cafe Ibiza, Spazio, Solluna, Rock Bar, Rock Bar Day Club, Blondies Sports Bar and affiliated companies (hereinafter, the “Participating Restaurants”).  The Rewards Program operates pursuant to these terms and conditions unless otherwise expressly stated (the “Program Terms”).  These Program Terms govern the Operator’s relationship with members of the Rewards Program (collectively, “Members,” and individually, a “Member,” or “You”), including how Members may manage their accounts, earn and redeem Rewards Program rewards/points (“Rewards” “Points”), and how the Rewards Program is operated.

These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with the Participating Restaurants for other products and services, or the terms or conditions of any other promotional offers or programs conducted by the Participating Restaurants outside the context of Rewards Program.

Your digital Membership card, Membership Number, scannable code or other identifier associated with your Account and any accumulated Points and Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Account.

ACCEPTANCE OF THE PROGRAM TERMS

By opening a Rewards Program account (“Account” or “Membership Account”), by using Program Account Number (“Membership Number”) to receive and redeem benefits of the Rewards Program, (including, without limitation, Rewards Program Rewards or Points), or by using any code, digital reward coupon, or other identifier associated with the Rewards Program, you agree that:

  • you have read and accept these Program Rules; and you have read and accept the Website Terms of Use which are incorporated by reference herein; and
  • you consent to the collection, use, and disclosure of your personal data by IBOTB, Participating Restaurants, and their authorized service providers, contractors, third parties, and licensees in accordance with the IBOTB’s Privacy Statement.

AMENDMENT OF THE LOYALTY PROGRAM AND TERMS

IBOTB may at any time amend, modify or supplement these Program Terms, the structure for earning rewards (“Rewards,” and individually, an “Reward“) and Reward levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards (collectively “Program Term Changes”).  Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Rewards Program will constitute your acceptance of any such Program Rule Changes.

THE REWARDS PROGRAM

  1. ELIGIBILITY

Membership in the Rewards Program is free and available to any natural person for personal use only.  The Rewards Program is not targeted towards, nor is Membership available to, anyone under the age of 13.  If you are between the ages of 13 and 18, you may join the Rewards Program as a Member only under the supervision of a parent or legal guardian who agrees to be bound by these Program Terms. Membership is open only to residents of the 50 United States, Washington, D.C., and U.S. military locations.  Membership is limited to one per person. Duplicate Membership Accounts may be cancelled by IBOTB without notice. IBOTB may change the Rewards Program eligibility requirements at any time and reserves the right to refuse or revoke Membership to any applicant for any reason, in its sole discretion, including forfeiture of Points associated with any Membership Account. Participation in the Rewards Program, and any application for membership in the Rewards Program, are void if prohibited by law in the state of the Member’s residence and are subject to change as may be necessary to comply with such laws or regulations. IBOTB’s determinations as to the eligibility of any individual seeking to enroll in the Rewards Program is at IBOTB’s sole discretion.

  1. PARTICIPATING LOCATIONS

“Participating Locations” are those enrolled to participate in the Rewards Program and will be listed ibotb.com.

  1. CONDITIONS OF ENROLLMENT

Membership in the Rewards Program requires an active Membership Account; Members with deactivated or terminated accounts will not be able to earn Points at Participating Locations.  Individuals who have not created a Membership Account may do so by completely and accurately completing the enrollment application located on Rewards Program webpage located at any of the following: 1) www.blondiesfl.com; 2) www.cafeibizaflb.com; and 3) www.rockbarflb.com; 4) www.rbdcflb.com; 5) www.sollunaflb.com; 6) www.spazioflb.com (collectively “Participating Websites,” and each a “Participating Website”).  Individuals with an existing account at a Participating Website can create a Membership Account by clicking the “Join Now” button on Rewards Program enrollment webpage. Individuals may opt-in to receive marketing communications from IBOTB and/or any of our associated brands via Email, SMS, or other electronic messaging methods.  Individuals are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in the Rewards Program or as a condition of purchasing any goods or services at Participating Locations. For terms pertaining to Rewards Program communications with Members, please see Section 11, below.  You may have only one Rewards account per brand registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by IBOTB in its sole discretion.

  1. MEMBER PROFILES

Members may be asked to provide personal information and communication preferences as part of the enrollment application, which may include the Members first name, last name, password, email address (which are required to receive all eligible Rewards), mobile telephone number, and marketing preferences. Members may elect to provide other information, including your birthday or anniversary. Information provided by a Member will be maintain in a profile related to your Membership Account.  Members are required to provide and maintain accurate and complete information in their personal profile.  Personal Information collected will be used: to administer the Rewards Program; to communicate with you about additional products and services; for market research and analytics; to administer the Points and Rewards collection and fulfillment; to offer Members products and services from selected third parties with whom IBOTB has marketing relationships and which may be based on Members interests and participation in the Rewards Program; to comply with legal obligations; to maintain the security and legitimacy of the Rewards Program; to enforce the Program Terms; and for other business purposes compatible with our legitimate business interests.  To learn more about how we process your personal information, please review our Privacy Statement which you acknowledge and agree to by accepting these Program Terms.

IBOTB will disclose Member personal information to: IBOTB; IBOTB Rewards Entities (defined below); IBOTB’s third-party service providers providing operating assistance to for the Rewards Program; person(s) authorized by the Member; Participating Restaurants and their Participating Locations; fulfillment providers; email service providers; and mailing services providers that process mail for the aforementioned entities; analytics providers; legal services providers; tax services providers; and marketing companies that provide services to IBOTB.  By enrolling in the Rewards Program, you consent to the collection and use of your personal information described above. Members will have the opportunity to adjust their communications and mailing preferences.

  1. ACCUMULATING POINTS

Members may accumulate points by purchasing designated qualifying food and beverage items after enrollment in Rewards Program (each a “Qualifying Purchase”). To be considered a Qualifying Purchase: (i) the purchase must be paid using cash, a valid credit or debit card, or a valid gift card redeemable at the Participating Location; (ii) the purchase amount must total at least $1.00 (excluding sales tax, tips, donations, or fees); and (iii) the Member must present their Membership QR code for in-person transactions or be logged into their Member Account when completing an online transaction.  The amount of a transaction designated as a Qualified Purchase may not equal the total amount of the transaction. No partial points are rewarded and point accumulation rates may change at any time without notice. Members are limited to one Qualifying Purchases per twenty-four (24) hour period. Purchase of multiple menu items in a single transaction count as a single Qualifying Purchase.  The purchase of gift cards (including activations and reload purchases) do not qualify as a Qualifying Purchase. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service and surcharge fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing a Qualifying Purchase. Purchases made prior to Members enrollment in the Rewards Program will not be considered Qualifying Purchases. Points rewarded for Qualifying Purchase which is subsequently cancelled or voided may be deducted or recalled by IBOTB in its sole discretion. It may take up to forty-eight (48) hours from the time of Qualifying Transaction or other reward of Points for the Points to appear in an Account.

 

Points will not be rewarded if the Member fails to present their Membership QR code or email for in-person transactions or completes the purchase without logging into the Membership Account for online transactions. However, Members may request the retroactive award of Points for transactions not meeting the Qualified Purchase requirements described above by presenting a valid receipt to IBOTB by visiting https://www.ibotb.com/contact-us. (each a “Retroactive Request”). IBOTB has the sole right, but not the obligation, to retroactively award Points upon a Member request, however, no Point may be rewarded for purchases made prior to Member’s enrollment in the Rewards Program or purchases made more than thirty 30) days prior to the date of the Retroactive Request is received by IBOTB.  In no event will IBOTB retroactively award points to any Member for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.  The decision to award Points retroactively is in the sole discretion of IBOTB.

Points and Rewards have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity.

  1. POINTS EXPIRATION/FORFEITURE

Members must remain active in the Rewards Program to retain Points they accumulate. If a Membership Account is terminated or is inactive for twelve (12) consecutive months, the Member Account will forfeit all accumulated Points. All Points will expire one (1) after the date the Points were earned, unless they are converted into a Reward. For example, if a Member earns 100 Points on January 10, 2022 those 100 Points will expire on January 10, 2023 if the Member does not redeem the Points for a Reward by January 10, 2023.  Members may not be provided with notice of expiration or forfeiture of Points. Members are not entitled to compensation from IBOTB or from any other entity if that Member’s Points expire or are forfeited for any reason. Once Points are forfeited, the Points cannot be reinstated, but a Member can earn new Points, unless that Member’s Account has been deactivated. Points earned through prior loyalty programs or accounts that have been terminated will not be honored. No extensions, cash refunds, or other exchanges will be allowed for expired rewards Points.

  1. REWARDS AND REWARD EXPIRATION

When a Member accumulates enough Points for a Reward, the Member may redeem the Points for the items or opportunities listed in in the Rewards Exchange section of their Membership Account (each a “Reward Offering”). The number of Points required to redeem a particular Reward Offering will be listed next to the Reward Offering at the time of redemption.  The Reward Offerings available to Members and the number of Points required to be redeemed for Reward Offerings may change in IBOTB’s sole discretion and without notice. If the Reward Offering is a food or beverage item, a digital reward coupon for the item will be automatically added to the Member’s Account. The digital reward coupon associated with a valid Member Account will be required to obtain the Reward item at a Participating Location. It may take up to 48 hours from the time of redemption for a digital reward coupon to appear in the Member’s Account. Points redeemed will be deducted from the Member’s Account. IBOTB reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. The actual Reward may vary from the Reward Offering pictured or described.

Rewards that consist of menu items are valid at the Participating Locations in the United States that offer that menu item.  Not all menu items are available as Reward Offerings and Points may never be redeemed for alcoholic beverages or for cash or credit.

Points that have been redeemed, and reward coupons issued, may not refunded, returned or exchanged for additional Points, cash, or other goods and services, even if the Reward is returned or unused.  Except as otherwise provided in these Program Terms or in the terms communicated in conjunction with a particular Reward or opportunity, Rewards (including digital reward coupons) expire if not used within sixty (30) days after the date they are added to the Member’s Account. Redemption of reward coupons is subject to availability of the selected Reward item at the time of redemption.

Members can view and track their Qualifying Purchases, Points, and Rewards, and view Reward Offerings,  by logging into the Member’s Account.

  1. SPECIAL OFFERS

IBOTB may, from time-to-time in its sole discretion, make opportunities available to Members to earn additional Points through special offers, challenges, bonuses, promotions, or other incentives (each a “Special Offer”). The terms and conditions applicable to any Special Offer (“Special Offer Terms”) will be determined by IBOTB in its sole discretion and communicated to Members in conjunction with the Special Offer. Members are advised to review the Special Offer Terms carefully before participating in any Special Offer, as the Special Offer Terms may alter or amend the Member’s rights and obligations under these Program Terms.

  1. MEMBERSHIP TERMINATION/ACCOUNT TERMINATION

A Member may terminate his/her membership in the Rewards Program and Membership Account at any time by sending written notice of cancellation to IBOTB at info@ibotb.com. All unredeemed Points and Rewards (including digital redemption coupons) will be forfeited immediately upon Account termination, either by Member or by IBOTB, and may not be reinstated or transferred. Points, and Rewards have no cash value and IBOTB will not compensate or pay cash for any forfeited or unused Points. If a Member cancels his/her Account, the Member may reapply for membership in the Rewards Program at a later date, but no Points or Rewards previously forfeited or expired will be reinstated to the Member Account.

IBOTB may terminate a Member’s accumulated Points, suspend Rewards Program benefits, or cancel a Member’s Account at any time with immediate effect and without written notice, for any or no reason and in IBOTB’s sole discretion, including, without limitation, if IBOTB believes the Member has: (i) violated or acted inconsistent with applicable laws, regulations, ordinances; (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner; (iii) breached or violated the Program Terms, the terms of use or service of any IBOTB website; (iv) breached or violated the rules or codes of conduct at any Participating Restaurant and/or Participating Location; (v) fraudulently claimed to have earned points; (vi) or engaged in any misconduct or wrongdoing in connection with the Rewards Program, as determined by IBOTB.  Nothing contained in these Program Terms will limit IBOTB in the exercise of any legal or equitable rights or remedies. If IBOTB terminates a Member’s Account for any reason, the Member may not reapply for membership in the Rewards Program except in very limited circumstances at Company’s sole discretion, and any Account opened in the Member’s name and Points and Rewards earned in that Account will be forfeited upon discovery.

  1. LOYALTY PROGRAM TERMINATION

IBOTB reserves the right to suspend or terminate the Rewards Program at any time. Members must redeem and use all Points and Rewards before expiration, or the effective date of termination, or those unused Points/Rewards shall be forfeited.

  1. MEMBERSHIP COMMUNICATION

A Member who provides their wireless telephone number(s), now or in the future, consents to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of enrollment in the Rewards Program. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Members can adjust their communication preferences, including opting-in or opting-out of receiving marketing communications, within their Account, by clicking on the “unsubscribe” button in any commercial marketing email, or contacting IBOTB at https://www.ibotb.com/contact-us/.

When you opt-in to receiving marketing communications by providing your number or asking us to contact you via text message IBOTB may send you a message to confirm your signup. The frequency of the alerts varies and is dependent on your request. You may cancel at any time. Just text “STOP” in response to the message from your mobile phone number and IBOTB will send you a final message confirming your choice. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent or received. Texting “STOP” will only control for that specific number and for this specific service.

  1. DISPUTE RESOLUTION—ARBITRATION AGREEMENT AND CLASS ACTION WAVIER. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how Program Disputes are resolved.
    • Binding Arbitration: To the fullest extent permitted by applicable law Member and IBOTB agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) Member may have at law or in equity against IBOTB, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “IBOTB Rewards Entities”) arising out of or relating in any way to Rewards Program, including but not limited to Member’s accumulation or redemption of Points or any Reward, Member’s making of Qualified Purchases, or access use of Member’s Account, these Program Terms, and the scope or applicability of this agreement to arbitrate (each, a “Program Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Member understands and agrees that the requirements of this Section 12 will apply even to disputes that may have arisen before Member accepted these Program Terms. MEMBER UNDERSTANDS THAT MEMBER IS WAIVING HIS/HER RIGHT TO GO TO COURT, TO PRESENT CLAIMS TO A JURY AND TO HAVE CLAIMS RESOLVED BY A JURY TRIAL, AND ALSO THAT JUDICIAL APPEAL RIGHTS, IF ANY, ARE MORE LIMITED IN ARBITRATION THAN THEY WOULD BE IN COURT.
    • Confidentiality. Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award).
    • Initial Dispute Resolution Requirement. Most disputes can be resolved without resort to arbitration. For any Program Dispute, Member and IBOTB agree that before taking any formal action to initiate arbitration we will contact the other in an attempt to resolve the Program Dispute. Member will contact IBOTB at its “Notice Address”: It’ Better On The Beach Rewards Program Legal Disputes, 225 S Fort Lauderdale Beach Blvd, Fort Lauderdale, FL 33316, and provide a brief, written description of the Program Dispute and Member’s contact information. IBOTB will contact Member using the Member contact information on file in Member’s Account. Member and IBOTB will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of Program Dispute is sent. After that sixty (60) day period and not before, Member or IBOTB may commence an arbitration proceeding. If Member and IBOTB fail to resolve a Program Dispute by informal negotiation, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
    • Artbitration. Program Disputes not resolved by informal negotiation pursuant to section 12.3, above will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this section. 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. The arbitration shall be held in Denver, Colorado. The arbitrator’s decision shall be controlled by these Program Terms and any of the other agreements referenced herein that the applicable party may have entered into.
    • Applicable Law. This Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration. The statute of limitations laws of the State of Colorado, without regard to choice or conflict of law principles, will apply to any claims brought in arbitration.
    • Class Action Waiver. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only the Member’s and/or the applicable IBOTB Rewards Entity’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
    • Rewardable Damages. The arbitrator shall not have the power to award punitive damages against MEMBER or any IBOTB Rewards Entity;
    • Arbitration Fees and Costs. In the event that the administrative fees and deposits that must be paid to initiate arbitration against any IBOTB Rewards Entity exceed $125 USD, and Member is unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, IBOTB agrees to pay them on Member’s behalf, subject to ultimate allocation by the Arbitrator.
    • Severability. With the exception of section 12.6, above, if any part of this arbitration provision (Section 12) is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, 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, section 12.6 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Member nor the affected IBOTB Rewards Entity(ies) shall be entitled to arbitrate their Program Dispute. If for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, Member may file his/her Program Dispute with any national arbitration company.

 

  1. ADDITIONAL TERMS
    • Interpretation of Terms. IBOTB’s interpretation of these Program Terms is at IBOTB’s sole discretion, and all decisions will be final. Other than as set forth in the Dispute Resolution section of these Program Terms, nothing in these Program Terms will limit from exercising any legal or equitable rights or remedies that they may have.
    • Ancillary Costs. There are no fees to enroll in the Rewards Program. However, Members acknowledge that the use of online services in conjunction with participation in Rewards Program may result in data charges, internet access fees or similar expenses from third parties.
    • Exit of Participating Locations. If a Participating Location exits the Rewards Program for any reason, a Member will not earn Points for purchases at the Participating Location, and other promotions and special offers will no longer be valid after the date on which the Participating Location exited the Rewards Program. No Rewards may be deemed at a Participating Location after the date on which the Participating Location exited the Rewards Program.
    • No Warranties or Representations, Express or Implied. IBOTB makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Rewards Program or by the Participating Locations.
    • Acts, Errors, or Omissions. IBOTB is not responsible for: (i) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Rewards or Member benefits; (ii) theft or unauthorized redemption of Points or Rewards; (iii) any acts or omissions of third parties (including, without limitation, Cafe Ibiza, Spazio, Solluna, Rock Bar, or Rock Bar Day Club); or (iv) any errors published in relation to the Rewards Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Locations, Qualifying Purchases, and Rewards Program affiliates, and errors in the crediting or debiting of Points from Member Accounts.  IBOTB reserves the right to correct, without notice, any errors.
    • Taxes. Points, Rewards, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points.  IBOTB will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Redemption Rewards, promotional Rewards and other Member benefits.
    • Assignability. These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
    • LIMITATION OF LIABILITY. IN NO EVENT WILL IBOTB, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING RESTAURANT, PARTICIPATING LOCATION, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR IBOTB’S OPERATION OF THE LOYALTY PROGRAM.
    • Trademarks. Cafe Ibiza, Spazio, Solluna, Rock Bar, and Rock Bar Day Club are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials associated with the Participating Restaurants. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
    • Waiver. IBOTB’s waiver of any breach of these Program Terms by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Terms, nor shall IBOTB’s failure to insist upon strict compliance with these Program Terms by any Member be deemed a waiver of any rights or remedies IBOTB may have against that or any other Member. IBOTB may waive compliance with these Program Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
    • Severability. Membership in the Rewards Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Rewards Program, and all benefits, including Rewards, 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 Member’s jurisdiction of residence. If any competent legal authority determines any part of these Program Terms is illegal or unenforceable, then such part will be eliminated and the remainder of these Program Terms will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
    • Choice of Law and Venue. Without limitation to the choice of law provision in Section 12.5, any disputes arising out of or related to the Rewards Program or these Program Terms will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. In the event Arbitration provision in Section 12 is found or deemed to be null, void, or unenforceable, the exclusive jurisdiction for any claim or action arising out of or relating to the Rewards Program or the Program Terms may be filed only in the state or federal courts located in the State of Colorado.
    • Entire Agreement. The Program Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between IBOTB and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available to Members.