360 Club Loyalty Program Terms and Conditions
1. Eligibility
The 360 Club Loyalty Program (the "Program") is open to clients of 360 Apartment Renovations, LLC ("360," "we," or "us"). Participants must be legal entities or individuals aged 18 or older, and the Program is for commercial use only. The Program is void where prohibited. Where a participant requests services or participates on behalf of a property owner, property management company, or apartment community (each, an "Owner"), eligibility is further conditioned on Section 2.
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2. Owner Authorization, Disclosure, and Consent
Many participants act on behalf of an Owner. Accordingly, by enrolling in or earning, holding, or redeeming any points, rewards, rebates, credits, discounts, gifts, or other benefits under the Program (collectively, "Benefits"), the participant represents, warrants, and agrees, on a continuing basis, that:
(a) it is authorized to enroll in the Program and to receive and retain the Benefits under each agreement between the participant and any Owner on whose behalf it acts, including any property management agreement;
(b) it has disclosed the existence and material terms of the Program and the Benefits to each such Owner and has obtained the Owner's informed consent to the participant's enrollment and retention of the Benefits;
(c) its participation and receipt of Benefits comply with all applicable law, including Section 32.43 of the Texas Penal Code (Commercial Bribery), and do not breach any fiduciary, agency, or contractual duty the participant owes to any Owner; and
(d) the Benefits do not influence, and are not consideration for, the participant's selection or retention of 360 or the prices 360 charges, which are negotiated and set on an arm's-length basis and are the same whether or not any Benefit is offered or earned.
360 may, in its sole discretion and at any time, require written evidence of the authorizations in this Section, credit any Benefit directly to an Owner or property account instead of to the participant, and condition, reduce, suspend, revoke, or refuse to pay any Benefit if 360 reasonably believes these conditions are not met or that providing the Benefit may violate any law or any duty owed to an Owner. The participant — and not 360 — is solely responsible for any disclosure to, accounting to, or sharing of Benefits with any Owner.
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3. Enrollment
Enrollment is voluntary and begins upon acceptance of these Terms and Conditions. Participants may enroll through our customer portal or by contacting our support team. Enrollment, and continued participation, constitute acceptance of these Terms and Conditions as modified from time to time.
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4. Earning Points
Tier Points: Participants earn one (1) Tier Point for every one dollar ($1) of Charges actually paid for eligible services provided by 360. Tier Points determine the participant's membership level and expire twelve (12) months from the date earned.
Reward Points: Participants earn one (1) Reward Point for every one dollar ($1) of Charges actually paid for eligible services. Reward Points do not expire and may be redeemed for rewards from the Program's reward catalog.
Points accrue only on amounts actually paid in full for eligible services and are not earned on taxes, fees, third-party charges, or services that are estimated, cancelled, credited, refunded, charged back, written off, or unpaid. 360 determines which services are "eligible" in its sole discretion and may reverse, deduct, or cancel any points credited in error or attributable to invoices that are later cancelled, refunded, or that remain unpaid. Points have no cash value, are not redeemable for cash, are not property of the participant, and may not be sold, transferred, assigned, or combined across accounts except as expressly permitted by 360.
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5. Tier Levels
The Program features multiple tier levels, each offering distinct benefits and rewards. Promotion to a higher tier is based on the accumulation of Tier Points as specified in the Program materials, which 360 may change at any time.
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6. Redemption of Points
Reward Points may be redeemed for goods, services, and discounts as specified in the Program's reward catalog. Redemption procedures are outlined in the customer portal and are subject to change. Points may be redeemed only while the account is in good standing with no invoice overdue by more than thirty (30) days beyond its due date. Rewards are provided "as is" and subject to availability; 360 may substitute a reward of comparable value. All redemptions are final.
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7. Point Expiration and Forfeiture
Tier Points expire twelve (12) months from the date of accrual; Reward Points do not expire. Upon expiration, Tier Points are automatically deducted from the participant's account. All accrued points (including Reward Points) are immediately forfeited, without compensation, upon revocation or termination of the participant's membership, closure of the account, or any breach of Section 2 or Section 9.
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8. Taxes
The participant is solely responsible for determining and paying any tax arising from the earning or redemption of Benefits, and for any reporting or accounting of Benefits to any Owner or taxing authority. 360 may report the value of Benefits to tax authorities and issue a Form 1099 where required.
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9. Account Information and Conduct
Participants are responsible for maintaining accurate and updated information in the customer portal. 360 is not responsible for errors or failures to earn or redeem points resulting from incorrect or incomplete information. Participation is subject to compliance with these Terms and Conditions. Any abuse of the Program, failure to follow any term, any misrepresentation (including any inaccuracy in the representations in Section 2), or any conduct detrimental to the interests of 360 may result in suspension or revocation of membership, forfeiture of points, and ineligibility for further participation, without limiting any other remedy available to 360.
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10. Program Modification, Suspension, and Termination
360 reserves the right to modify any of these Terms and Conditions, including the benefits, tiers, earning rates, and reward catalog, and to suspend or terminate the Program, in whole or in part, at any time and without prior notice. If the Program is terminated, participants will be notified and given thirty (30) days to redeem outstanding Reward Points unless otherwise specified in the termination notice. 360 may suspend or terminate any individual participant's membership at any time for breach of these Terms or of any agreement between the participant and 360.
11. Indemnification
The participant shall defend, indemnify, and hold harmless 360 Apartment Renovations, LLC and its owners, officers, employees, and affiliates from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to (a) the participant's enrollment in or receipt or redemption of Benefits under the Program, (b) any breach of the representations or covenants in Section 2, or (c) any assertion by an Owner or other third party that the participant lacked authority to receive, or failed to disclose, any Benefit. This Section survives termination of the participant's membership and of the Program.
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12. Disclaimer and Limitation of Liability​
The Program and all rewards are provided "as is" and "as available," and 360 disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose, with respect to any reward. 360 will not be liable for any loss or damage arising from the participant's use of any reward, from any harm or injury resulting from participation in or failure to participate in the Program, or for any indirect, incidental, special, consequential, or punitive damages. To the maximum extent permitted by law, 360's total aggregate liability arising out of or relating to the Program will not exceed one hundred dollars ($100).
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13. Relationship to Service Agreement; No Third-Party Beneficiaries
These Terms supplement, and do not replace, any Pricing and Service Agreement or other contract between the participant and 360; in the event of a conflict regarding owner authorization, disclosure, or indemnity, the provision more protective of 360 controls. The Program is offered for the benefit of 360 and its participants only and is not intended to benefit, and may not be enforced by, any Owner or other third party.
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14. Governing Law, Venue, and Jury Waiver
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THE PROGRAM.
