PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE FARMERS REWARDS VISA® AND VISA SIGNATURE® REWARDS PROGRAM.
ALL OF THE PROGRAM TERMS ARE SUBJECT TO THE JURY TRIAL WAIVER AND ARBITRATION PROVISION IN YOUR CREDIT CARD ACCOUNT AGREEMENT.
POINTS ACCRUED UNDER THIS PROGRAM DO NOT EXPIRE. YOU MAY REDEEM POINTS FOR MERCHANDISE, GIFT CERTIFICATE/CARD AND TRAVEL REWARDS AT WWW.COMENITY.NET/FARMERSREWARDSVISA.
THIS REWARDS PROGRAM AND THE POINTS ISSUED ARE PROVIDED EXCLUSIVELY BY COMENITY BANK (THE "BANK") WHICH IS SOLELY RESPONSIBLE FOR THE REWARDS AND PROGRAM OPERATION. THE BANK MAY CHANGE THE TERMS OF THE PROGRAM AT ANY TIME. NEITHER FARMERS GROUP, INC., FARMERS INSURANCE EXCHANGE, NOR ANY OF THEIR AFFILIATES OR SUBSIDIARIES (COLLECTIVELY, "FARMERS") ARE RESPONSIBLE FOR THE REWARDS AND PROGRAM OPERATION.
THE FARMERS REWARDS VISA® AND VISA SIGNATURE® REWARDS PROGRAM RULES
1. General Information and Definitions. The Farmers Rewards Visa® and Visa Signature® Rewards Program ("Program") allows you to earn points ("Points") on the dollars you spend as described in Section 3 below, using your Farmers Rewards Visa® or Visa Signature® Account ("Account"). You can then redeem those Points for certain merchandise, gift certificates, gift cards, and travel awards ("Rewards"), in accordance with these Farmers Rewards Visa® and Visa Signature® Rewards Program Rules ("Program Rules"), the Hinda Merchandise and Gift Certificate/Gift Card Terms and Conditions ("Hinda Terms"), the Montrose Travel Program Rules and Conditions ("Montrose Rules") and the Farmers Disclosure ("Farmers Disclosure") (collectively, "Program Terms").
While the Program may be related to your Farmers Rewards Visa® or Visa Signature® Credit Card Account Agreement ("Agreement"), which governs the use of your Farmers Rewards Visa® or Visa Signature® ("Card"), these Program Terms are separate and independent from your Agreement. In the event of any conflict between these Program Terms and your Agreement, these Program Terms will control in any matter relating to the Program.
In these Program Terms, "you" and "your" mean the Account holder. "We," "our," "us", and "Bank" mean Comenity Bank or its successors or assignees. Other capitalized words not specifically defined have the same meaning as in your Agreement.
There is no additional cost to you to participate in the Program but in order for you to redeem Rewards you must register online at www.comenity.net/farmersrewardsvisa ("Program Website"). See your Agreement for any fees that you may incur for using your Farmers Rewards Visa® or Visa Signature® Credit Card.
THE PROGRAM IS NOT AVAILABLE TO THE EXTENT IT IS PROHIBITED BY FEDERAL, STATE, OR LOCAL LAW. FROM TIME TO TIME WE MAY CHANGE THE PROGRAM AND THESE PROGRAM TERMS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS.
2. Eligibility. You will be automatically enrolled in the Program when the Bank opens your Account. To remain eligible to accumulate Points under the Program, your Account must be in Good Standing. "Good Standing" means your Account is (1) open to new charges, (2) not more than sixty (60) days past due under the Agreement, and (3) not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records. Membership will be renewed automatically each year as long as your Account is in Good Standing and we continue to offer the Program, unless you notify us of cancellation. Notwithstanding anything to the contrary in these Program Terms, we reserve the right to approve, deny or revoke membership in the Program to any individual at any time for any reason whatsoever.
3. Earning Points. You will earn Points for Net New Purchases on your Account so long as your Account is in Good Standing. You will earn:
"Net New Purchases" means purchases of goods and/or services made by you or any Authorized User on your Account minus any returns, refunds or credit adjustments, rounded to the nearest dollar. Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Point total. Such deductions may result in a negative Points balance, in which case, any Points you earn will be applied to reduce that balance and you will not be able to redeem Points until you again have a positive balance.
Points are not earned on: balance transfers, convenience checks, cash advances, overdraft advances, unauthorized or fraudulent charges, purchases of money orders, travelers checks, foreign currency, quasi-cash or other cash equivalents, purchases made by or for a business or for a business or commercial purpose (other than purchases of commercial insurance made by or for a business or for a business purpose); fraudulent transactions; and transactions subject to adjustment; or on interest or fees of any kind, such as finance charges, late payment fees, and cash advance fees.
We may from time to time make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers (such as which purchases qualify and the number of additional Points you may earn) will be disclosed at the time of offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). Availability of any special offer is subject to change without notice.
Points are considered earned when they are posted to the redemption system. Points will be posted to your Points balance on the Program Website and on your billing statements on the same day that the purchase is posted to your Account and will be available for redemption. However, Points may take up to forty-five (45) days to be posted following a qualifying purchase. We reserve the right to verify and adjust Points at any time prior to or following posting or redemption.
There is no maximum number of Points that may be earned per billing period or year.
4. Redeeming Points for Rewards. You may redeem Points for Rewards at the Program Website.
Points will be redeemed on a "first in, first out" basis, such that the first Points earned will be the first Points redeemed.
Once a redemption order is placed, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event a return, refund, or credit adjustment results in insufficient Points for the Reward(s) ordered, the order may not be fulfilled. If the Reward order is fulfilled and we later discover that you did not have sufficient Points for the Reward(s) in your Points balance, or if subsequent returns cause your points balance to be negative, in addition to any other actions we may take, future Points earnings will be applied to the Reward(s) until such time as sufficient Points are earned to cover the redemption of the Reward(s). You will not be able to redeem Points until you again have a positive balance.
Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards. Points earned have no cash value, and cannot be purchased, sold or redeemed for cash. Other than redemption of points for statement credits as permitted, Points may not be used as payment of any outstanding obligations to the Bank or its affiliates.
You may only redeem Points if your Account is Current. If your Account is not Current you will not be eligible to redeem them until the end of the billing period in which your Account is once again Current. "Current" means your Account (1) is open to new charges, (2) is not delinquent or in default under the Agreement, (3) does not have a balance over the assigned credit limit, and (4) is not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records.
5. Point Expiration and Forfeiture. Points not redeemed will be carried over to the following statement period. Points will not expire. You will forfeit your unused Points if you attempt to violate the prohibitions on the transfer of Points, if you file for bankruptcy, or if the Bank or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us for your Points that are forfeited.
6. Communications. We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information at the Program Website or by calling 1-844-271-2593 (Visa) or 1-844-271-2694 (Visa Signature) (TDD/TTY 1-800-695-1788). We are not responsible for communications, including Rewards, lost due to change of address or other contact information.
7. Program Activity and Customer Service. You can view your Program activity, the number of unused and unexpired Points in your Points balance and any redemption activity at the Program Website. You can also call us at 1-844-271-2593 (Visa) or 1-844-271-2694 (Visa Signature) (TDD/TTY 1-800-695-1788) for such information and to find out whether you earned Points from a particular transaction; whether a Reward was properly redeemed; the status of a redemption order; or want to ask any other question regarding the Program.
8. Points Disputes. Your billing rights and the special rights that apply when you are dissatisfied with your credit card purchases, which rights are set forth in your Agreement, do not apply to the Program. If you believe that a purchase made on your Account should have resulted in the addition of Points to your Points balance, and such Points are not reflected in the Points balance within forty-five (45) days of the date on which the purchase posted to your Points balance ("Points Dispute"), notify us immediately. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify us within such ninety (90)-day period, you will have waived your right to make a Points Dispute with respect to that purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your Points Dispute. Upon completion of our investigation of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.
All disputes related to the Program are subject to the Jury Trial Waiver and Arbitration Provision in your Agreement.
9. Limited Liability. Unless otherwise required by law or our agreements with you, neither the Bank, any vendor associated with the Program, Farmers Group, Inc., Farmers Insurance Exchange, nor any of our or their affiliates, officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or temporary suspension of the Program; (b) any claim relating to any merchandise, gift certificates, gift cards, or travel awards or any items purchased using any Reward obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (d) any content, products or service appearing on a website to which we provide a link from the Program Website; or (e) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Program Terms.
10. No Warranties. We do not: (a) endorse any merchandise, gift certificates or gift cards offered as Rewards; (b) make any express or implied warranty regarding any merchandise, gift certificates or gift cards offered as Rewards; (c) guarantee the performance of merchandise, gift certificates or gift cards offered as Rewards; or (d) operate or control the merchandise, gift certificates or gift cards offered as Rewards.
11. Changes to the Program. Subject to any notice requirements and other limitations imposed by applicable law, we may, at any time: (a) change, limit, or terminate any aspect of the Program or these Program Terms, including the types of Rewards available, the items available as Rewards, and the cost of Rewards; (b) terminate the Program in its entirety; (c) amend these Program Terms in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any Rewards with similar Rewards or Rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; or (f) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Points, and may include, without limitation, the earnings rate for Points, the number of Points required to obtain specified Rewards, the type of transactions qualifying for Points, the type or value of Rewards, the expiration date of Points, and the maximum number of Points that may be earned per billing period or year. Any of the foregoing actions may be taken even if such actions affect the value of Points already earned.
12. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 1-844-271-2593 (Visa) or 1-844-271-2694 (Visa Signature) (TDD/TTY 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Points and, as previously noted, you will forfeit your unused and unexpired Points.
13. Lost, Stolen or Damaged Cards. You will not lose your unused Points if your Card is lost, stolen or damaged and the Bank provides a replacement Card, even if such replacement Card has a different Account number. However, if your Card is reported as lost, stolen, or damaged you will not earn Points until the Bank provides a replacement Card.
14. Privacy. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at the Program Website.
15. Not Transferable. Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by the Bank, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points shall likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
16. Taxes. You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
17. Severability. If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
18. Governing Law. The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Delaware, without any reference to its choice of law provisions.
19. Call Monitoring and Recording. Our goal is to provide you with the best quality service; therefore, your call may be monitored and/or recorded.
20. Incorporation of Hinda Terms, Montrose Rules and Farmers Disclosure; Conflicts. Your redemption of Points is also governed by the Hinda Terms, the Montrose Rules and the Farmers Disclosure below, as applicable. In the event that any of the Hinda Terms, Montrose Rules conflict with the Program Rules, the Program Rules will control.
21. Entire Agreement; No Waiver By Us. These Program Terms contain the entire understanding between you and us regarding the Program. These Program Terms replace and supersede any previous terms and conditions governing the Program we may have provided to you. We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
HINDA TERMS
You may use Points to obtain Rewards through Hinda, a non-affiliated third party, who is solely responsible for the administration of the Program with respect to the purchase of goods or services offered in their catalog purchased with your Points or Rewards.
22. Return Policy. Some items that are received damaged or become defective within thirty (30) days of receipt may be replaced at no cost under the terms described below. For items that are received damaged, you must notify Customer Care at 1-844-271-2593 (Visa) or 1-844-271-2694 (Visa Signature) (TDD/TTY 1-800-695-1788) within forty-eight (48) hours of delivery. For items that become defective, you must notify Customer Care within thirty (30) days of receipt. If the item is eligible for replacement, Customer Care will provide a Return Authorization number and instructions on how to return the item. All items must be returned with all original packaging with the Return Authorization number marked on the box. Once an approved return is received and inspected at Hinda, a replacement order will be entered. Replacement items generally ship within seventy-two (72) hours of the replacement order being processed (if in stock), although it may take up to six (6) weeks for some items. If the original item is discontinued and there is no direct replacement, Points may be credited back to your Points balance.
For items that become defective more than thirty (30) days after receipt, you may contact Customer Care to request a 'proof of purchase' so the item can be serviced under the manufacturer warranty, if applicable.
Some items may not be replaceable or returnable. Some manufacturers e.g. Apple will not allow returns, but will provide warranty service. You may contact Customer Care to determine is warranty service is available and, if so, receive instruction on how to obtain warranty service. Digital items are not returnable.
Other items may be eligible for return at Hinda's sole discretion. To determine eligibility, contact Customer Care within twenty-four (24) hours of delivery. If a return is authorized, the item must be returned within fourteen (14) days of delivery and shipped at your expense. This process must be coordinated through Customer Care. Once returned, the item will be inspected and, if acceptable, Points will be credited back to your Points balance, less a restocking fee if applicable. Items must be returned unused and in the original packaging and must be in resalable condition.
No returns or exchanges are allowed on gift certificates/gift cards. Lost or stolen gift certificates/cards may be replaced at Hinda's sole discretion. Contact Customer Care to determine if a lost or stolen gift certificate/card is eligible.
23. Merchandise Fulfillment. Delivery of merchandise and gift certificates/gift cards Rewards will be made by UPS or another nationally known carrier or first-class mail whenever possible and will ordinarily take approximately two (2) to four (4) weeks from time of order. Items that are delivered direct from the manufacturer will take approximately six (6) to eight (8) weeks from time of order. Merchandise shipments cannot be made to a post office box. Not all merchandise items are available outside the continental United States. Areas such as Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands may require additional shipping and handling charges to fulfill merchandise orders. For more information, visit the Program Website. If a specific merchandise item is discontinued, Hinda reserves the right to substitute a similar item of equal or greater value.
24. Use of Certificates/Gift Cards. Certificates/gift cards obtained through the Program will not be honored retroactively in connection with any prior purchases.
25. Other Fulfillment Procedures. Hinda may establish additional procedures related to fulfillment of Rewards. The procedures will be disclosed prior to redeeming Points for Rewards from Hinda.
MONTROSE RULES
Travel Rewards are made available through Montrose, a non-affiliated third party, who is solely responsible for the administration of the Program with respect to travel and travel-related goods or services purchased with your Rewards.
26. General. Certain restrictions may apply to travel certificates, tickets and documents. Travel certificates, tickets and documents are not exchangeable, refundable, transferable or redeemable for cash. The list of airlines, hotel, rental car, cruise or tour companies and any other listed reward available in the Program is subject to change and may be discontinued all or in part without notice.
27. Travel Reward Fulfillment. All travel certificates, tickets and documents will be mailed first-class mail and will not be replaceable in the event of loss, destruction or theft. Participant may request travel certificates, tickets and documents to be delivered by overnight carrier and agrees to pay the associated additional delivery fees by credit card.
28. Limitations on Travel Rewards. All travel Rewards are subject to specific terms and conditions. The terms and conditions of any travel offer may be amended by Montrose at any time. Travel Rewards are also subject to any rules and restrictions imposed by the individual travel companies, airlines, hotels, rental car, and cruise line and tour companies. Compliance with these rules is the responsibility of the Participant. All reservations are made subject to the conditions of carriage, supply or business of the party providing the service, which include exclusions and limitations of liability. Certificates and tickets issued Rewards must be issued in the name of the redeeming Account holder or a member of their immediate family. Issuance of some travel certificates does not constitute a reservation. In such cases the certificate holder is responsible for making all reservations with the company that issues the certificate. Certificates have no value except when used under the terms and conditions accompanying them.
Unless otherwise noted, airline reservations must originate from the contiguous forty-eight (48) United States. Airline reservations must be made twenty-one (21) days in advance of travel, require a Saturday night stay and may have restrictions, blackout dates, and exclusions. Montrose reserves the right to book all airline tickets on the carrier with the lowest available fare for the round trip between the cities requested. Airline ticket travel Rewards are not refundable nor may they be returned for a credit of Points. They are non-changeable unless permitted by the airline issuing the ticket. Fees that apply due to permitted changes by the airline are the responsibility of the traveler. En-route stopovers are not permitted unless they are to make direct connections within the carrier's rules. Minimum or maximum stays required by the carrier may apply.
29. Limited Liability. EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION REGARDING THE PRODUCTS AND SERVICES OFFERED BY PARTICIPATING REWARD SUPPLIERS IS ACCURATE. NEITHER THE BANK, MONTROSE, NOR THEIR RESPECTIVE PARENT AND SUBSIDIARY COMPANIES ARE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. Montrose, its owners, agents, and employees act only as reservation agents for transportation, hotel, rental agencies, cruise lines, tour operators and other travel related services. Neither Montrose nor the Bank will be responsible for any travel supplier or airline performance, cancellation of flights, schedule changes, flight delays, default, bankruptcies, or other reasons; nor for any death, injury, loss, damage or inconvenience whatsoever to a person or property in connection with any trips taken or travel services booked through Montrose by or for the Cardholder or other individual(s) named on travel tickets or documents. Although Montrose will do all that is possible to help or re-book each customer or Cardholder, in the case of a supplier not delivering an Reward, neither Montrose nor the Bank is responsible for any additional costs you may have to incur in relation to a Reward which is canceled or cannot be provided for any reason. The Bank is not responsible for the performance of the travel providers associated with the Program.
30. Additional Redemption Rules. To see additional rules regarding certificate redemptions for airline tickets, cruises, car and hotel rewards, please see the travel section of the Program Website or contact Customer Care at 1-844-271-2593 (Visa) or 1-844-271-2694 (Visa Signature) (TDD/TTY 1-800-695-1788).
31. Call Monitoring and Recording. Our goal is to provide you with the best quality service; therefore, your call may be monitored and/or recorded.
32. Additional Charges. Participant is responsible for any applicable fees and taxes associated with travel redemptions. If a travel reward redemption results in a cardholder card charge, the card may be charged by either the Travel Supplier (e.g. Airline, Cruise Line) or by Montrose and appear on your statement as applicable. Depending on the Reward and how many Points you redeemed, the total cost charged to your card may appear as more than one charge on your card statement. When combined, these separate card charges will equal the total cost to be charged to your card for this Reward redemption, as authorized during the booking process for the Reward.
33. Statement Credits. Among the Rewards available to you on the Program Website are credits to your Account ("Statement Credits"). Statement Credits may be requested by you on the Program Website and will appear on your monthly billing statement. Statement Credits will be made available on the Program Website in fixed denominations to be determined by the Bank. Each Statement Credit may be obtained by redeeming the corresponding number of Points indicated on the Program Website. Statement Credit denominations and corresponding Point redemption amounts are subject to change or discontinuance by us at any time. There is no limit to the amount of Points that you may redeem for Statement Credits. Statement Credits will on appear on your monthly billing statement within one to three months of your Point redemption. While Statement Credits will generally be applied to your Account in the same manner as payments, they do not take the place of nor affect your responsibility for paying the Minimum Payment Due on your monthly billing statement. Once you request a Statement Credit, your request cannot be changed or returned.
FARMERS DISCLOSURE
34. FARMERS NOT THE ISSUER. Neither Farmers Group, Inc., Farmers Insurance Exchange, nor any of their affiliates or subsidiaries (collectively, "Farmers") is the issuer of the Farmers Rewards Visa, nor is any of them responsible for the Rewards or Program operation. Points are issued by Comenity Bank, not Farmers. Your eligibility to participate in the Farmers Rewards Visa or in the Program is determined by Comenity Bank, not Farmers.
36. POINTS FOR FARMERS PRODUCTS. Not all purchases of Farmers products are eligible to receive Points or 3 Points for each $1.00 of Net New Purchase. Farmers has sole discretion to determine which of its products will be eligible. Farmers may also place a limit on the maximum amount that can be charged on the Farmers Rewards Visa or Visa Signature account for the purchase of a Farmers product, thus affecting the number of points that may be awarded.
Note - some insurance products may not be purchased on a credit card which varies by company. Your insurance agent will be able to tell you which products are ineligible for credit card purchase.
37. FARMERS TRADEMARK. Farmers® is a registered service mark of Farmers Group, Inc. and used under license.
The Farmers Rewards Visa and Visa Signature Cards are issued by Comenity Bank, pursuant to a license from Visa U.S.A. Inc. Visa is a registered trademark of Visa International Service Association and used under license.