Neon Rewards Program Terms and Conditions
Thank you for reviewing the terms and conditions (“Program Rules”) governing the Neon Rewards Program (the “Program”). The Program Rules are between you and Progasco Operating I, LLC d/b/a Neon Marketplace (“Neon Marketplace” or “we”) and describe each party’s respective rights and obligations. By enrolling, and continuing to use the Program, you indicate your acceptance of these Program Rules.
THESE PROGRAM RULES CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 10 TITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST PROGASCO OPERATING I, LLC ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST PROGASCO OPERATING I, LLC IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION AND CLASS-WIDE WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. Incorporation of Related Terms and Policies
2. Enrollment and Eligibility
- You may enroll in the Program by creating an account through the Neon Rewards App or at participating Neon Marketplace locations. You may be required to provide certain information about yourself, including a valid email address, and to create an account password. In addition, to access certain additional features of the Program, such as Neon Rewards Spot Pay (“Spot Pay”), you may be required to provide and/or link your personal checking account to your Program account.
- You acknowledge that Neon Marketplace may use the information you provide during Program enrollment and as a Program member to communicate with you about Program changes, rewards coupons, any special offers and other benefits for Program members, promotions and sweepstakes, and product recalls that may affect you. Neon Marketplace will limit such communications based on the preferences you specify during Program enrollment or, if applicable, any changes you make at a later time to your communications preferences through your Program account.
- You acknowledge that although Neon Marketplace will attempt to identify products subject to recall that you have purchased and communicate such product recalls to you as a Program member, Neon Marketplace does not guarantee that you will be notified of such product recalls accurately and in every instance. Please continue to pay attention to other sources of information about product recalls. Failure of Neon Marketplace to notify you of a product recall that may affect you does not mean that no such product recall occurred or that any such product recall does not affect you.
- You acknowledge that Neon Marketplace may automatically enter you in Neon Marketplace sweepstakes if you elect to opt-in to automatic sweepstakes entry during Program enrollment. Please refer to the terms and conditions governing any such Neon Marketplace sweepstakes for additional information, requirements and restrictions that may apply.
- Program membership is open to individual U.S. residents who are at least age of majority in their state of residence (19+ in AL and NE, 18+ in all other states). Membership is limited to one account per person. Additional restrictions may apply to employees of Neon Marketplace and its parents, subsidiaries and affiliated companies. Neon Marketplace may change the eligibility requirements for the Program at any time. All federal, state and local laws and regulations regarding the eligibility of Program members apply. The Program is void where prohibited or restricted by law.
- You may choose to deactivate your Program account at any time through the Neon Marketplace mobile application or by contacting Neon Marketplace at email@example.com. Neon Marketplace will deactivate your Program account after twelve (12) consecutive months of no account activity. We will notify you a minimum of ninety (90) days prior to account deactivation. Any rewards stored in your Program account and any accruals towards rewards will expire upon deactivation of your Program account by you or by us and will be removed from your Program account.
- There is no fee to enroll and participate in the Program. Your Program account, reward options and any accruals towards rewards under the Program do not have a cash value. You may not sell, transfer or assign your Program account, including promotions, rewards and accruals towards rewards under the Program. You are responsible for any taxes, charges or other liabilities related to or resulting from your participation in the Program.
- Each Program member is responsible for creating a secure Program account and for maintaining the security of their Program Account, including any rewards cards, key fobs or other Program items. Neon Marketplace is not liable for improper access to Program Accounts, or for changes to Program Accounts by another Program member or third party unless such unauthorized access is the result of Neon Marketplace’s gross negligence, intentional misconduct or breach of these Program Rules. Likewise, Neon Marketplace is not responsible in such circumstances for reinstatement of lost Program rewards or for any damages or losses sustained by a Program member as a result of such unauthorized access unless it is the result of Neon Marketplace’s gross negligence, intentional misconduct or breach of these Program Rules. If you become aware of any fraudulent or unauthorized activity on your Program account, you must report the fraudulent or unauthorized activity to the Neon Marketplace at firstname.lastname@example.org and provide relevant information and cooperation to Neon Marketplace in connection with such activity.
- iNeon Marketplace has the right to monitor all Program accounts for suspicious and similar activity. If your Program account shows signs of fraud, abuse, or suspicious activity, Neon Marketplace has the right to close or freeze a Program account immediately, and the Program member may lose any accumulated Program rewards or other benefits accumulated in connection with the Program. Notwithstanding the foregoing, Neon Marketplace is not obligated to close or freeze your Program Account. If you have conducted any fraudulent activity, or any activity that in Neon Marketplace’s sole discretion undermines the integrity of the Program, Neon Marketplace reserves the right to take any legal action Neon Marketplace deems appropriate and may rescind, void or otherwise terminate your Program account and any associated benefits. In addition, you may be liable for monetary losses to Neon Marketplace, including litigation costs and damages, and may be subject to a permanent ban from participating in the Program.
- Neon Marketplace reserves the right, but does not have the obligation, to suspend or discontinue membership in the Program for any Program member who is, in Neon Marketplace’s sole and absolute discretion, using the Program in a manner that is not consistent with these Program Rules, or who has:
- acted in a manner inconsistent with federal, state or local laws, regulations or ordinances;
- breached or violated any of these Program Rules;
- engaged in any fraudulent or dishonest behavior, theft, misconduct or wrongdoing in connection with the Program; or
- engaged in any abusive, fraudulent, disruptive, inappropriate, offensive or hostile conduct, whether physical or verbal, towards any employee, agent or representative of Neon Marketplace.
3. Program Rewards, Promotions, Features And Other Benefits
- General. The Program will encompass a points system for Program membership (“Points System”). The Point System is described in detail in subsection (b) below. In addition, Neon Marketplace may offer various Program limited rewards, promotions, features and other benefits to Program members. For more information, including additional information on the Points System and a list of all current rewards, promotions, features and others benefits, including applicable terms, conditions, exclusions and limitations, please visit neonmkts.com or the Neon Rewards app. Available rewards, promotions, features and other benefits may vary by participating Neon Marketplace locations and may be discontinued at any time in Neon Marketplace’s sole and absolute discretion.
- Program Points System.
- Points Overview. Program members can earn points (“Points”) by engaging in certain “Eligible Transactions” including, but not limited to, purchasing goods and services offered by Neon Marketplace either in store and through the Neon Rewards App. Points have no cash value, even if they accrue based on cash spent or are redeemed for discounts. Points are not your property and have no property value. Points are only a measurement of a Program member’s activities in the Program and are not considered the property of the Program member. Points are issued without separate payment or other consideration by you and exist at the sole discretion of Neon Marketplace as part of the Program. Points cannot be purchased or sold, redeemed for cash or credit or any other monetary value or currency, or used to pay debts. Points may not be assigned, transferred, traded or pledged to any third party, except as expressly authorized by Neon Marketplace. Points cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce. Points that are sold, transferred or assigned may be rescinded or confiscated at Neon Marketplace’s discretion. Points will be available only to the owner of the Program Account and only if the Program member completes an Eligible Transaction. Disputes as to the owner of the Program Account will be decided by Neon Marketplace in its sole and absolute discretion.
- Earning Points. Program members may earn Points by participating in Eligible Transactions. In order to receive Points, the individual participating in Eligible Transactions must be the Program member and registered owner of the Program Account. More information on how to earn Points, including what constitute an Eligible Transaction, is available on Neon Marketplace’s website (www.neonmkts.com) and the Neon Rewards App. Eligible Transactions and the Points that are awarded for such transactions may change from time to time in Neon Marketplaces. In such event, Neon Marketplace will endeavor to provide Program members with ninety (90) days advance notice of material changes. Program members earn Points based on information collected by Neon Marketplace for purchases made with us. Eligible Transactions and other Point earning offers and opportunities may be subject to additional terms and conditions, including eligibility restrictions and limited availability, and all such additional terms and conditions (if applicable) must be satisfied to earn Points for such Eligible Transactions. Where Points are earned based on dollars spent, Program members do not earn Points on taxes, discounts, rebates, credits, incentives, or similar fees and charges or to the extent the purchase price of the Eligible Transaction was reduced by the use of a coupon or Program reward. If applicable, if you return or exchange an item on which you earned Points, Neon Marketplace may deduct Points from your Program Account up to the number of Points you originally received for that purchase.
- Point Credits. Points will be credited to your account within thirty (30) days after completing an Eligible Transaction. The award transaction date can in some circumstances differ from the earn transaction date. Neon Marketplace reserves the right to rescind or adjust at any time any pending or available Points that were awarded in connection with this Program. Points earned through fraudulent activity, sham, inaccurate reporting, mistake or falsified information may also be rescinded by Neon Marketplace. Point credits and redemption activity can be accessed on your Program Account dashboard on the Neon Rewards App or on Neon Marketplace’s website (www.neonmkts.com). If you believe you did not receive the correct amount of Points for an Eligible Transaction, you may contact the Neon Marketplace Customer Team at email@example.com or Neon Marketplace’s website (www.neonmkts.com) within ninety (90) days of completing the Eligible Transaction. Neon Marketplace will make the final determination, in its sole and absolute discretion, as to whether Point adjustments of any kind are justified.
- Promotional Points. From time to time, Neon Marketplace may offer opportunities to earn Promotional Points that are subject to additional terms and conditions (“Promotional Points”). All applicable additional terms and conditions associated with the specific promotional offer must be met in order to earn Promotional Points. Promotional Points will be posted to your Program Account within 30 days after the end date of the applicable promotion, unless otherwise specified in the promotion-specific additional terms and conditions. Promotional Point offers are not redeemable for cash.
- Point Expiration. Points will expire on the last day of the thirteenth (13th) month following the date of issuance. For example, if you earn Points on January 15, the Points will expire on February 28 of the following year. Notwithstanding the above, Program members must remain active in the Program to retain Points they accumulate. If a Program Account is inactive for twelve (12) consecutive months, that Program Account will forfeit all accumulated Points. Program members can remain active in the Program and retain accumulated Points by earning Points or redeeming Points at least once every twelve (12) months. Notwithstanding the foregoing, gifting, receiving or otherwise transferring Points to another Program member will not constitute activity for purposes of Point expiration. If a Program member does not maintain an active status for five (5) consecutive years, the Program member’s Program Account may be deactivated. Once Points are forfeited, the Points cannot be reinstated, but a Program member can earn new Points, unless that Program member’s Program Account has been deactivated.
- Point Transfers. Neon Marketplace may make available a tool to allow Program members to transfer Points to other Program members by completing a Points transfer application. To be eligible to receive a Point transfer, the recipient Program Account must be activated and the recipient Program member’s primary email address must match the email address entered into the Point transfer application by the sending Program member. As a Program member, in the event of a Point transfer, you agree that your personal information such as your email address may be shared and used for purposes of completing the Point transfer process. Points transferred in this manner will retain their original expiration date from the sending Program Account. Neon Marketplace may set limits to the number of times Points can be transferred or to the number of Points that can be transferred. Transferred Points will be immediately removed from the sending Program Account and credited to the recipient Program Account. Point transfers are final, nonrefundable and nonreversible. Neon Marketplace may rescind or confiscate Points and suspend the Program Accounts of any Program members who are suspected of using the Points transfer tool in a manner inconsistent with these Terms or to sell, purchase, trade or barter Points.
- Point Redemption. Program members can redeem Points for available offers located under the “Redeem Points” section of the Neon Rewards App. Visit the Neon Rewards App to see what Points redemption offers are currently available, including how Points can be redeemed. Program members can redeem their Points for available offers so long as the Program member has sufficient Points in their Program Account to qualify for the offer. Neon Marketplace may change available offers and the corresponding Points costs for such offer from time to time in its sole and absolute discretion. It is the responsibility of the Program member to submit Point redemption requests via the Neon Rewards App in connection with a particular offer. Once a redemption is requested, the corresponding Points will be deducted from the Program Account immediately. Program members will have ninety (90) days from the date of Points redemption to use redeemed award(s) added to the Program Account.
- Redemption Restrictions. Unless otherwise permitted by Neon Marketplace, Points redemptions may not be combined with other discounts, packages or promotional offers from Neon Marketplace. Redeemed Points may be used only once. Points and redeemed Points or offers may not be sold, bartered, brokered, purchased or otherwise assigned or transferred except with the express written consent of Neon Marketplace. Points redeemed for an offer are not refundable. Program members cannot use Points toward certain ineligible products or services, which include, but are not limited to: items excluded by law; prepaid cards; lottery tickets; cash equivalents (such as money orders, money transfers, and travelers’ checks); taxes; and other items Neon Marketplace may deem ineligible. Subject to applicable law, whether or not an item purchased using Points can be returned is subject to the discretion of Neon Marketplace. You are responsible for any personal tax liability that may be related to your use or redemption of Points.
- Eligible Purchases. Program members’ ability to participate in Program rewards, promotions, features and other benefits may be subject to certain eligible purchase requirements imposed by Neon Marketplace in its sole and absolute discretion. Eligible purchases generally include all purchases at participating Neon Marketplace locations using cash and cash equivalents, credit cards, automatic debit cards and prepaid cards, excluding purchases of tobacco, alcohol, coupon redemptions, gift cards, prepaid cards and applicable taxes.
- Spot Pay. Program members are invited to join Spot Pay. Spot Pay offers all participating Program members discounts and instant reward payments on fuel purchases. For more information on Spot Pay, including applicable terms, conditions, exclusions and limitations, please visit neonmkts.com.
- Offers. Program members may receive several special offers from time to time. Offers may include, but are not limited to, percent-off and dollar-off coupons. The number and type of offers may vary. Offers may include additional terms and conditions, including possible restrictions, exclusions and limitations
- Limited Time Promotions. Neon Marketplace may, in our sole and absolute discretion, run special limited time promotions available only to all Program members or select Program members whether based on location, spending habits or other criteria in Neon Marketplace’s sole and absolute discretion.
- Other Benefits. Neon Marketplace may, in our sole and absolute discretion, provide additional Program features and benefits to all Program members or select Program members, whether made available for a limited time or on a consistent basis. These benefits may include exclusive offers and access to exclusive Program features.
- Redeeming Offers. While most Points redemptions should be immediately available, some offers, including the related offers, may be subject to a delayed delivery. In such instances, Neon Marketplace will endeavor to provide commercially reasonable notice to Program members.
5. Disclaimer Of Warranties
NEON MARKETPLACE AND ITS AFFILIATED COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEON MARKETPLACE AND ITS AFFILIATED COMPANIES DO NOT WARRANT THAT THE PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ITS OPERATION WILL BE ACCURATE, COMPLETE OR ERROR-FREE, OR THAT AS A PROGRAM MEMBER PRODUCT RECALL INFORMATION THAT MAY AFFECT YOU WILL BE COMMUNICATED TO YOU ACCURATELY AND IN EVERY INSTANCE. IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation Of Liability
UNDER NO CIRCUMSTANCES WILL NEON MARKETPLACE, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF NEON MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEON MARKETPLACE’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Changes To Program Rules
Neon Marketplace may change the Program Rules at any time, with or without notice. Neon Marketplace will post the revised Program Rules on the Neon Marketplace’s website (www.neonmkts.com). If you are a registered Program member, we may also notify you directly of the revised Program Rules. Subject to applicable law, any such changes will become effective at the time Neon Marketplace posts the revised Program Rules. Notwithstanding the above, Neon Marketplace will endeavor to provide Program members with ninety (90) days’ notice of any such Program Rules changes that materially impacts the Program members’ accumulated Points or the ability to redeem such Points.
8. Program Account Access and Program Member Communications.
You may access your Program Account, including your membership activity, Points balance and view the most current Program information and Program Rules on the Neon Rewards App and the Neon Marketplace’s website (www.neonmkts.com) (as applicable). By enrolling or otherwise participating in the Program, you agree and acknowledge to receive emails related to the Program, including Program updates, and promotional email offer updates from Neon Marketplace. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from Neon Marketplace e-mails, you may no longer receive those Program benefits which are distributed by email. For information about your membership, contact the Neon Marketplace at firstname.lastname@example.org.
9. Termination Of Program
10. Arbitration Agreement
YOU AND NEON MARKETPLACE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
- Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Neon Marketplace agree that any controversy, claim, action, or dispute between you and Neon Marketplace, its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Program or these Program Rules (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
- Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to Neon Marketplace by contacting the Neon Marketplace Customer Relations team at email@example.com allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.
- Both you and Neon Marketplace agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
- Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after you enroll in the Program. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Neon Marketplace at firstname.lastname@example.org or by sending a letter to Neon Marketplace, Attn: Legal Department, 1140 Reservoir Avenue, Cranston, RI 02920. You should include your printed name, mailing address, and the words “Reject Arbitration”.
- Right to Bring Small Claims in Court. Instead of arbitration, either you or Neon Marketplace may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
- How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Neon Marketplace will reimburse those fees in an amount up to $10,000. Neon Marketplace also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Neon Marketplace agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Neon Marketplace hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
- Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of Rhode Island. The terms of the Arbitration Agreement provisions shall survive after your relationship with Neon Marketplace and/or use of the Program ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
11. Governing Law
Except as otherwise provided in the Arbitration Agreement above, these Program Rules will be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of laws provisions.
If any provision of these Program Rules is held by a court of competent jurisdiction to be invalid or unenforceable, it will not impact the validity and enforceability of any other provision of these Program Rules, all of which will remain in full force and effect. Failure of Neon Marketplace to exercise or enforce any right or provision of these Program Rules will not constitute a waiver of such right or provision in that or any other instance.
The monetary value of a Program reward for which you receive under this Program may be considered taxable income from Neon Marketplace in the tax year in which you receive a Program reward, in accordance with U.S. tax law. Neon Marketplace may be required to send you (and file with the IRS) a Form 1099-MISC (Miscellaneous Income) for the year in which you receive your Program reward(s) when the value of the Program rewards plus other taxable miscellaneous income you receive from Neon Marketplace totals $600 or more for a calendar year. Neon Marketplace determines the taxable value of Program rewards received in connection with this Program. Program members are responsible for any personal tax liability due to the receipt of a Program reward(s). Program members are advised to consult a tax professional to understand and determine the implications of their participation in this Program.
14. Entire Agreement