The Delta SkyMiles Shopping Mall website located at http://www.skymilesshopping.com (the “Site”) is owned by the Delta Air Lines and operated by Cartera Commerce, Inc. Delta and Cartera Commerce (“we,” “us,” or “our”) provides access to our site.Delta provides a free service through the Site to member of the Delta SkyMiles® Program (“Members”) that allows them to receive Delta SkyMiles® (“Miles”) for purchases of qualifying goods and services made at participating online stores (“Merchants”) when those purchases are made through the Site (“Program”).
ACCEPTANCE OF TERMS
By accessing or using the Site, you agree to be bound by the terms of this Agreement. We encourage you to review this Agreement periodically for any updates or changes. If you do not accept the terms of this Policy, please do not use this Site.
RISK OF USING THE SITE AND THE INTERNET
You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
DOWNLOADING MATERIALS FROM THE SITE
You understand that we cannot and do not guarantee or warrant that materials available for downloading from the Site, including without limitation links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
To participate in the Program, you must create a Program account (“Account”) on the Site. After you create an account you become eligible to earn miles through SkyMilesShopping.com
You agree to provide true, accurate, current and complete information about yourself as prompted by any Program registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account. You agree to maintain the confidentiality of your password and Account, and that you are fully responsible for all activities that occur under your password or Account.
You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
For the purposes of these Terms and Conditions, a transaction is a “Qualifying Transaction” once all conditions in a Merchant’s offer with respect that transaction, including any waiting periods, have been satisfied and the transaction meets all applicable Program standards. Subject to these Terms and Conditions, you will receive Miles on all Qualifying Transactions made at, from or with Merchants in the amounts set by those Merchants and subject to those Merchants’ terms and conditions. We may in our discretion provide a promotional page or other description on the Site of each Merchant’s terms and conditions. Merchants may impose conditions or restrictions different from, or in addition to, those described on such promotional pages or in such descriptions. We are not responsible for setting or maintaining the amount of Miles offered by any Merchant or for requirements of any Merchant’s program or offer. The amount of Miles rewarded, as well as the terms and conditions of any Qualifying Transaction, may change for any offer at any time. Your continued use of the Program thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Merchant will participate in the Program at the time you join the Program or at any time thereafter. We do not assume any liability, obligation or responsibility for any part of any correspondence with, or offers or promotions of, any Merchant, including without limitation the withdrawal or modification of any such offer or promotion. You agree that all Delta SkyMiles program rules apply to Miles. To review the rules, please visit delta.com/memberguide.
POSTING OF MILES TO YOUR ACCOUNT
Miles that you accrue as a result of Qualifying Transactions will be posted to your Delta SkyMiles Account, and a summary of activity in your Account will be displayed on the Delta.com website. Miles will normally be posted to your Account within 45 days after we receive notice from a Merchant of the Qualifying Transaction, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your Miles are properly credited. If proper credit does not appear on your activity statement, you should contact us via the Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether miles should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding.
We will credit your Account with only those Miles you earn by dealing with authorized Merchants in good standing with us, and may require Merchant authorization to do so. We are not responsible if a Merchant delays or fails to make such an authorization or for any other delay in recording Miles in your Account. We may refuse to record or honor Miles in your Account, or if already recorded, we may deduct them, if we cannot confirm that they were properly issued or obtained. We may also deduct recorded Miles if the issuing Merchant does not pay amounts owing to us or tells us to cancel the Miles (for example, because you returned or didn’t pay for products or services for which the Miles were issued). Any dispute must be settled between you and the Merchant.
In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to the Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Miles have been credited, as determined by us in our sole discretion, we and our partners reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Miles earned through the Program may be forfeited.
RESTRICTIONS ON MILES
All details on restrictions on miles can be found on the Delta.com website.
COLLECTION AND USE OF CERTAIN INFORMATION
We may send you certain program information that can include periodic updates about your account and other information necessary for administration; marketing materials which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a relationship with the Program. As a participant in the Program, you have consented to receive all of the kinds of information described above. However, you will be given the opportunity to opt-out and not receive marketing information.
You acknowledge that in order to operate the Program, we will collect information about you and your purchases from Merchants. You authorize Merchants and their respective agents to disclose to us any and all information with respect to your purchases from such Merchant initiated via the Site, including but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, and the email entered for the purchase. You agree to hold Merchants harmless for any information so disclosed to us.
TERMINATION, CHANGES AND BREACH
We may change these Terms and Conditions, any aspect of the Program or any Rewards in any respect, all without notice and even though changes may affect the value Miles already accumulated. For example, but without limitation, we or our partners may (a) increase or decrease the number of Miles received from participating Merchants or required for a Reward; (b) withdraw, limit, modify, or cancel any Reward; (c) add blackout dates, limit Rewards available at any participating event, or otherwise restrict the continued availability of Rewards; or (d) change Program benefits, participating Merchants, conditions of participation, rules for earning, retaining, or forfeiting Miles, or rules governing the use of other Rewards. The accumulation of Miles does not entitle Members to any vested rights with respect to Miles, Rewards, or Program benefits. In accumulating Miles, Members may not rely upon the continued availability of any Reward or Reward level. For the most current Terms and Conditions and other Program details and information, visit the Site.
LINKS TO OTHER WEBSITES
Any links to other websites are provided merely as a convenience to the users of this Site. We have not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
The proposal, presentation, purchase, sale, and distribution of goods or services are transactions conducted by the merchants with the user of the website. TO THE EXTENT PROVIDED BY LAW, DELTA AIRLINES AND ITS AFFILIATES, DIRECTORS, AND EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY FOR SUCH TRANSACTIONS, GOOD, AND SERVICES SINCE THESE ARE CONDUCTED WITH AND PROVIDED BY PARTIES INDEPENDENT OF DELTA AIRLINES. THE USER OF THIS SITE ACKNOWLEDGES SUCH DISCLAIMER. IN NO EVENT WILL DELTA AIRLINES OR ITS AFFILIATES, DIRECTORS, AND EMPLOYEES BE RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE BASIS OF THE CLAIM AND WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY.
Further, TO THE EXTENT PROVIDED BY LAW, CARTERA COMMERCE AND ITS AFFILIATES, DIRECTORS, AND EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY FOR SUCH TRANSACTIONS, GOOD, AND SERVICES SINCE THESE ARE CONDUCTED WITH AND PROVIDED BY PARTIES INDEPENDENT OF CARTERA COMMERCE. THE USER OF THIS SITE ACKNOWLEDGES SUCH DISCLAIMER. IN NO EVENT WILL CARTERA COMMERCE OR ITS AFFILIATES, DIRECTORS, AND EMPLOYEES BE RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE BASIS OF THE CLAIM AND WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY.
ACCEPTABLE AND LAWFUL USE OF THE SITE
Any information provided by you in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any Delta Airlines, Cartera Commerce, or third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for the Site or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DELTA AIRLINES, AND CARTERA COMMERCE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. DELTA AIRLINES AND CARTERA COMMERCE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DELTA AIRLINES, AND CARTERA COMMERCE, THEIR PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; (III) USE OF THE CONTENT; (IV) THE COST OF PROCURING SUBSTITUTE MERCHANDISE, ADVICE AND SERVICES RESULTING FROM USE OF THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES OR CONDUCT OF THE AIR FORCE ASSOCIATION, AND CARTERA COMMERCE, OR ANY THIRD PARTY ON THE SITE, OR (VII) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, GOODS AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL THE AIR FORCE ASSOCIATION, AND CARTERA COMMERCE’ TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO THE SITE, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE AIR FORCE ASSOCIATION, AND CARTERA COMMERCE, AND THEIR AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.
You agree to indemnify, defend and hold Delta Airlines, Cartera Commerce, and their affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) resulting from (i) your use of the Site, (ii) your use of, or reliance on the products, services, advice, or information provided through the Site, or (iii) your breach of any provision of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. Delta Airlines and Cartera Commerce shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
Should any User respond to Cartera Commerce, any of its employees, agents, partners, or others through the Site, via e-mail, message boards, or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, or services or any other information (“User Feedback”), such information shall be deemed to be non-confidential and Cartera Commerce shall have no obligation of any kind with respect to such information. Cartera Commerce shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
You acknowledge, consent and agree that as operator of the Site Cartera Commerce may access, preserve, and disclose User Feedback if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Feedback violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Site, its users and the public.
This Site does not knowingly collect any personal information from children under the age of 13. If you are under 13, you agree that you will not provide personal information about yourself to us through the Site.
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
CHOICE OF FORUM
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and of the United States of America located in the Commonwealth of Massachusetts for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Courts and agree not to plead or claim in any Commonwealth of Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum.
SEVERABILITY; NO WAIVER; ASSIGNMENT; THIRD PARTY BENEFICIARY RIGHTS; ENTIRE AGREEMENT
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by us, at any time or times, to require performance of any provision hereof shall in no manner affect our right at a later time to enforce such provision. No delay or failure by us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without our express written permission. We may, at any time, assign our rights or delegate our obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between us and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
UPDATES AND MODIFICATIONS
In our sole discretion, we may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact Cartera Commerce.
We may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.
TRADEMARKS, COPYRIGHTS & PATENTS
The design, content and subject of this Website are Copyright © Cartera Commerce, Inc.
Cartera Commerce is a Trademark of Cartera Commerce, Inc. Delta, Delta Air Lines and SkyMiles are Registered Trademarks of Delta Air Lines, Inc.