Terms & Conditions

NOT OPEN TO THE GENERAL PUBLIC. ALL FEDERAL, STATE, LOCAL, MUNICIPAL AND PROVINCIAL LAWS, TAXES, AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

1. General

You should keep a copy of these Terms and Conditions and any order you make for your future reference. These Terms and Conditions may be revised from time to time at our discretion. Any changes we make will apply to any orders received after the date of any changes made. You can view an up to date version within the Website.

2. Administrator

These Terms and Conditions relate to your use of the SeaStar Solutions® Dealer Network Website. References these Terms and Conditions to “we,” “us” and “our” refer to SeaStar Solutions®’s administrator for the Website, as identified below.

3. Use of Website

3.1. You are provided access to this Website strictly in accordance with these Terms and Conditions.

3.2. You warrant that all the details provided by you on the account registration form (“Personal Information”) are true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your Personal Information.

3.3. The Program is a membership-based program and you will be required to submit a security username and password prior to gaining entry into the Program.

3.4. You are entirely responsible for maintaining the confidentiality of your username and password and any activities that occur under your account. If you believe that your password has been compromised you should contact us as soon as possible and (subject to security checks) we will change your password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.5. You agree to fully indemnify us and our officers, directors, employees, agents and suppliers from and against all claims, liability, damages, losses, costs and expenses (including reasonable legal fees) arising out of the breach of these Term and Conditions by you and any other liabilities arising out of your use of this Website, or the use by any other person accessing this Website using your username, password and Personal Information.

3.6. We cannot guarantee that use of this Website will be compatible with all hardware and software that may be used by visitors to the Website.

3.7. We cannot guarantee periods of availability of the Website or that access to the Website will be uninterrupted. Subject to Section 5, we shall not be liable to you in respect of any claim or loss (including for the avoidance of doubt any loss of profit, loss of business, wasted management time or other consequential loss) incurred by you which arises as a result of any downtime or non-availability of the Website.

3.8. We do not warrant or represent the accuracy or completeness of information provided on this Website nor do we guarantee that use of this Website will be uninterrupted, error-free or that the Website and its servers are free of computer viruses or bugs. We shall not be liable for any loss or damage which may arise as a result of using this Website.

3.9. You should be aware that this Website is being monitored and may capture information about your visit that will help us improve the quality of our service.

4. Intellectual Property

4.1. The Website contains material that is owned by or licensed to SeaStar Solutions®. This material includes, but is not limited to, the design, layout, look, content, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

4.2. You may view, use, download and store the material on this Website for personal and research use only. Commercial use is not permitted without SeaStar Solutions®’s prior written consent.
The re-distribution, re-publication, or otherwise making available of the material on this Website to third parties without SeaStar Solutions®’s prior written consent is prohibited.

4.3. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.

5. Liability (important please note)

5.1 WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER (HOWEVER IT MAY ARISE INCLUDING OUR NEGLIGENCE) AS A RESULT OF YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY MATERIALS ON THIS WEBSITE EXCEPT WHERE THE LOSS OR DAMAGE IS:
5.1.1 DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE;

5.1.2 CAUSED BY OUR FRAUD;

5.1.3 CAUSED BY ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY; OR

5.1.4 COVERED BY OUR RETURNS POLICY, IN WHICH CASE THE PROVISIONS OF OUR RETURNS POLICY WILL APPLY.

6. Termination

6.1 We make this Website available to you in connection with the SeaStar Solutions® Dealer Network, and your access to the Website and participation in the SeaStar Solutions® Dealer Network may be terminated at any time without notice. Some circumstances in which your access and participation may be terminated include (but are not limited to):

6.1.1 If you are in breach of these Terms and Conditions; or
6.1.2 If SeaStar Solutions® elects to terminate the SeaStar Solutions® Dealer Network; or
6.1.3 Where you participate in the Program through a corporate membership:
6.1.3.1 In the event that you cease to be an employee of the corporate member; or
6.1.3.2 If our agreement with the corporate member for the provision of the Website should terminate for any reason.

7. Purchasing From Us

7.1 To purchase goods from the rewards catalog you must be over 18 years of age (over 21 if purchasing alcohol) and a resident in USA or Canada. By placing your order, you are offering to redeem your points to obtain the goods at the value as set out in the order. We are not obliged to supply the goods to you until we have confirmed that we have acknowledged your order and that it has been dispatched. No contract will exist until we have dispatched the goods.

7.2 If you discover you have made a mistake with your order please contact our Customer Services Team immediately. Please do this before we confirm your order. We are unable to rectify mistakes after this time although you may still have the right to cancel as described in Section 10 below.

7.3 If you order software from us you will also be bound by the terms of the software license supplied with that software.

7.4 Prices are checked regularly. If we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. If you do not respond, we will treat your order as cancelled. Payment can only be made using reward value as specified in the Program Rules. If we are unable to accept your order then we shall, at our opinion, either not debit your reward value or refund any reward value paid by you in respect of that order.

7.5 While all possible care has been taken to ensure that each item is accurately described, descriptions cannot be guaranteed as manufacturers´ specifications may change, and in which case we will do our best to offer you a substitute item of the same or better quality at the same price. If you are not happy with the replacement, please contact the appropriate Customer Service Team using the contact details on the Contact Us page within 7 days of receipt and we will arrange for its return and refund any reward value paid by you. Sizes quoted are approximate. Installation and batteries are not included unless otherwise specified.

8. Delivery

We aim to deliver goods to all mainland addresses within 10 working days from the time that the order is processed. Some items may be delivered under separate cover. Larger TVs (20″ and above) and all large home appliances and furniture can only be delivered to mainland USA and Canada addresses. Please make claims for non-deliveries within 14 working days of placing your order, otherwise you may lose your right to receive this item.

9. Returns Policy

9.1 You should inspect the goods as soon as you receive them for defects or damage and to ensure they are correct. In the unlikely event that any item you receive is damaged, faulty or incorrect; you should contact the Customer Service Team as soon as possible for advice.

9.2 Please do not return items until instructed to do so. If you are requested to return your reward items, please ensure that they are securely packaged. Please also provide a full description of the fault and return the defective item to us together with any warranties, manuals and accessories. Goods damaged in transit on return cannot be replaced.

9.3 All goods are guaranteed against manufacturing defects for a period of twelve months from the date of purchase (or longer if required by law) and will be repaired or replaced by us or monies refunded, at your option, free of charge, provided they have not been altered, misused, improperly installed or connected and that any relevant maintenance requirements have been complied with. Any goods returned will belong to us.

Program Rules for SeaStar Solutions® Dealer Network (USA and Canada)

1. These Rules relate to the SeaStar Solutions® Dealer Network Program (“Program”) run by SeaStar Solutions®, 155 South Limerick Road – Limerick, PA 19468 USA.

2. The Program will be a web-based promotion run from www.tfxonboardrewards.com (“Website”).3. By placing an order and/or using the Website you accept these Program Rules and the Terms and Conditions of the Website in their entirety. If you do not agree to be bound by these you may not use or access this Website.

4. We reserve the right to terminate or withdraw the Program in total or in part at any time.
Eligibility

5. The Program is open to all full-time and part-time sales staff (“Participants”), working within SeaStar Solutions® Dealers in USA and Canada (“Participating Organizations”), selling eligible SeaStar Solutions® and alliance partner products to end-user customers.

6. Participation in this Program will be deemed to be acceptance of the Website Terms and Conditions, these Rules and any subsequent literature issued from time to time in relation to the Program. You will need to confirm your acceptance of the rules of the Program (“Program Rules”) and the Terms and Conditions when you register as a Participant.

Program Period

7. This program begins at 12:00:01 a.m., Eastern Standard Time (“EST”) on June 7, 2010 and runs on an ongoing basis until terminated or cancelled.

8. We reserve the right to amend or withdraw the Program in total or in part at any time.

Eligible Products

9. The Program applies to the sale of SeaStar Solutions® products (referred to herein as “Eligible Products”) and the participation in certain qualified training and other programs sponsored by SeaStar Solutions® under the terms and conditions set out in these Program Rules. Participants will receive points from each sale of Eligible Products meeting the criteria according to the amount of revenue generated and products contained within the solution. Points are the currency used within the program and are redeemable for rewards from the SeaStar Solutions® Dealer Network rewards catalog (“Points”).

9.1 We reserve the right to modify the Eligible Products, levels of licenses sold, and the number of points awarded during the Program without prior notice to Participants. Please refer to the Website for any changes or updated information.

9.2 Points earned can be used by Participants during the course of the Program to redeem for prizes from the Program’s online Rewards Catalog at www.tfxonboardrewards.com.

How the Program Works

11. Once you have registered and accepted the Website Terms and Conditions and these Program Rules, you will be able to log in and access your account using your secure username and password. You will be provided with a monthly statement of your account reflecting any earned points and purchase of rewards. Each sale may only be claimed by one Participant.

12. Throughout the Program Period, Participants will be able to collect points for valid sales of Eligible Products and use points to purchase rewards as advertised on the rewards catalog page of this Website.

13. Each time you use your points to purchase a reward; points will be debited automatically from your account.

14. In the event of any dispute, the decision of an authorized representative of SeaStar Solutions® will be final.

Points

15. Points are awarded as follows:

Points are earned through sales of Eligible Products. The number of points awarded depends on the total revenue of the deal and the products included in the sale.

16. Points will only be issued to the Participant who claims the sale.

17. Where an Eligible Product is returned or the data connection deactivated (for whatever reason) within 28 days of the sale, the points awarded for the sale will be deducted from the Participants account.

Using Your Points

20. You can use your points to purchase rewards available from the Catalog page of this Website. Any purchases made will be made strictly in accordance with these Rules and the Website Terms and Conditions.

21. All rewards are subject to availability and will be dispatched to your chosen address. We reserve the right to add or remove rewards to the Rewards Catalog at our sole discretion without prior notice to you.

22. Please note that where you are booking any Activities or Holidays, your contract will be directly with the third supplier and you will be bound by their terms & conditions. Further it is your sole responsibility to ensure that you have adequate insurance cover for any Activities or Holidays you purchase.

23. Values of prices referred to within promotional material or on the Catalog page of this Website are based on Average Retail Value (ARV) prices plus shipping and handling cost, and taxes (when applicable) at the time of the promotion and images used are for the purposes of illustration only.

24. No cash alternative will be offered. Rewards are not transferable or exchangeable for alternative rewards.

Termination of the Program

25. We reserve the right to terminate the Program at any time with or without prior notice to you. Any notice, if applicable, will be by email to the address you submitted on registration for the Program. We will not be liable in the event that you do not receive or see any such email notification. It is your responsibility to ensure that you have provided the correct email address and to check your email and server. In addition, any notice of termination will be published on the Website.

26. In the event that any notice has been given in respect of the termination of the Program, you will be notified of the timeframe in which you must use the points you have accumulated against rewards available. After such time, the points that have not been used will be eliminated from the system and from your records. It is your sole responsibility to ensure that you use all the points that you have accrued in this situation.
27. Your account will be closed with immediate effect should you breach the terms and conditions contained in these Rules or the Website Terms & Conditions

28. If you leave your employment with the organization participating in the Program during the Program Period, any points allocated to you will become void and your account closed on the date you leave your place of employment.

Tax Liability

In the USA, Participants will be personally responsible for any and all federal, state and/or local taxes resulting from acceptance of a reward. The redemptions of Points and receipt of rewards with a fair market value exceeding $600 per calendar year constitutes a taxable benefit for the Participant. Should the value of the rewards (product cost without shipping and tax costs) received exceed $600 per calendar year, the IRS requires reporting such individuals on Form 1099-MISC. Therefore the Administrator will issue the Form 1099-MISC directly to each Participant for whom the value of rewards received equals or exceed $600 per calendar year. Participant agrees to supply its Social Security Number solely for this purpose. Neither the Sponsor, nor the Administrator will take responsibility for the payment of these taxes and neither does in any case assume this liability. The Form 1099-MISC will be sent by the Administrator to the Participant on or before January 31 of the year following the calendar year in which the Rewards were received, and to the IRS on or before February 28 of that year.

In Canada, participants will be personally responsible for any and all taxes resulting from acceptance of a reward. The redemption of Points and receipt of rewards with a fair market value exceeding $500Cdn per calendar year constitutes a taxable benefit to the Participant. Should the value of the rewards (product cost without shipping and tax costs) received exceed $500Cdn per calendar year; the Canadian Revenue Agency requires reporting such individuals on Form T4A. Therefore the Administrator will issue the Form T4A directly to each Participant for whom the value of rewards received equals or exceed $500Cdn per calendar year. Participant agrees to supply its Social Identification Number solely for this purpose. Neither the Sponsor nor the Administrator will take responsibility for the payment of these taxes, and neither does in any case assume this liability. The Form T4A will be sent by the Administrator to the payee on or before January 31 of the year following the calendar year in which the rewards were received, and to the Canadian Revenue Agency on or before February 28 of that year.

Privacy Policy

Your privacy is important to us. To better protect your privacy, we provide this statement explaining our online information practices and the choices you can make about the way your information is collected and used at this SeaStar Solutions® Dealer Network Website.

1. When you make orders from this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We need this information in order to process and fulfill your orders, to let you know the status of your order, and to address any queries regarding your order.

2. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable USA and Canada Data Protection and consumer legislation in place from time to time.

3. SeaStar Solutions® may use your Personal Information for market research purposes to advise you of special offers and to inform you about products and services available from time to time. If you would prefer not to receive marketing information, you may opt out. The opt in/opt out procedure is explained in Your Profile section of the website.

4. We may also disclose your Personal Information to our appointed third party agents in order to process your order, for example, to courier companies who deliver goods to you on our behalf. These third parties are only authorized to use your information in order for them to perform specific tasks related to your order and they may not use it for any other purposes. However, if you subscribe to other goods or services you may receive an offer or renewal for your subscription directly from a third party.

5. We or SeaStar Solutions® may disclose your information to our or its professional advisers for the purpose of obtaining professional advice or to other third parties if we or SeaStar Solutions® have a legal obligation to do so.

6. We and SeaStar Solutions® reserve the right at all times to monitor your use of the Website to ensure compliance with these Terms and Conditions and the Program Rules. We also reserves the right to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Calls to and from the Customer Service Teams (if applicable to this promotion) may be monitored and/or recorded for training and security purposes.

7. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

8. You have the right to a copy of the Personal Information that we keep about you. If you want a copy of this information, you should write to the “Data Protection Officer” at the address on the Contact Us page of this Website. A small fee is payable, which will not exceed US$10. If you believe that any information we are holding on you is incorrect or incomplete, please write to the “Data Protection Officer” as soon as possible at the address on the Contact Us page of this Website and we will correct any information found to be incorrect promptly.

9. We may need to transfer your Personal Information outside USA and Canada if this is necessary in order to supply you with the goods/services you have ordered, (e.g. if you have booked a holiday in a destination outside the USA and Canada) in proceeding with any order with such item you will be deemed to be giving you consent to such transfer of Personal Information.

10. You should be aware that it is impossible to guarantee the security of any data disclosed via the Internet. However, we have taken all reasonable steps to protect your Personal Information:

10.1. Your browser will go into secure mode as soon as you click to go into the ´checkout´ or to ´login´. So before you enter any personal or payment details you can check that you are shopping in a secure environment by looking for either a locked padlock icon, or an image of a key in the grey bar at the bottom of your browser screen.

10.2. Being in ´secure mode´ means that all of your details are encrypted to help keep them secure. Encryption creates billions of code combinations to protect each transaction made on our Website, so your card details cannot be viewed by anyone else using the Internet. If you are using one of the more recent browser versions, our site supports 128 bit encryption, therefore keeping your details as safe as possible at all times.

11. We only accept orders that are placed using Secure Socket Layer (SSL). This technology prevents you from inadvertently revealing Personal Information using an unsecure connection.

Administrator Contact Details

The administrator of this promotion is: Grass Roots America Inc., 1111 Lincoln Rd. Suite 700 – Miami Beach, FL 33139 USA, referred to in these Terms and Conditions as “we”, “us” and “our”. If you have any questions or complaints about our service or any goods you purchase from the Website please email our Customer Service Team via the “Contact Us” section or write to us at the address above c/o SeaStar Solutions® Dealer Network.