Go365 Terms and Conditions

For those eligible to participate in Go365™, the following Terms and Conditions apply: Go365 (referred to as “The Program”) is a wellness and rewards program offered by Go365, LLC (“Go365”, “we”, “us” and “our”) that encourages a healthy lifestyle and rewards people for taking steps to improve and continue healthy behaviors. Go365 provides tools and support to help people live healthier lives and reduce healthcare costs.

Go365 Terms and Conditions for non-Medicare members

Please read this agreement carefully. It sets forth legally binding terms and conditions for participation in the Program.

Release, Assumption of Risk and Waiver

By accepting these Terms and Conditions, you acknowledge that you are doing so voluntarily and with the understanding that Go365 is not providing medical advice. You understand that any activities or other information presented to you are not substitutes for a medical professional's evaluation and treatment.

Recommendations or information given by Go365 is for healthy, active individuals without cardiovascular heart disease, risk factors, or other contraindications to exercise. Participation in Go365 may include physical exercise, blood testing, and other health and fitness activities. These activities may involve risks and may not be appropriate for everyone. Before taking part in any Go365 program tests or activities you should obtain necessary medical advice about participating in the Program from your personal healthcare providers, including a thorough evaluation and review of your present physical condition and guidance regarding which activities are safe and appropriate for you. You acknowledge and understand that regardless of your physical condition while participating in the Program, certain elements of the program may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions.

In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option), and hold Go365 and its parent company and each of their respective subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (Program Parties) harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your activities in connection with the Program; (ii) your use of the Program or rewards earned through the Program; (iii) your breach or anticipatory breach of these Terms and Conditions or any other guideline, rule, or terms of service related to or part of the Program; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us; or (viii) any other reason (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Go365. We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause. Under no circumstances will Go365 or the Program Parties be responsible for or liable, together or separately, for any loss or damage of any kind, including personal injury or death, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to the Program. The foregoing limitation of liability will apply even if any event or circumstance were foreseeable, and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).

You understand this Release, Assumption of Risk and Waiver is a binding contractual agreement. You have read it fully; You hereby acknowledge that you understand it; and you voluntarily accept it.

Program Participation

In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms and Conditions, any contest, sweepstakes or other promotion we may offer as part of the Program, is and will also be subject to the Additional Terms and will also govern participation, and our execution, of each such promotion.

Go365 reserves the right to determine eligibility for participation in or use of the Program.

Information Accuracy. You will provide true, accurate, complete information about yourself and your activities in connection with your participation in the Program. You are solely responsible for all activities that occur under the account—whether or not you authorized the activity. You are solely responsible for maintaining and restricting access to your fitness device if you choose to connect it to the Program.

Communications, Notices and Customer Service

By registering for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notices on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses you provide to us.

You may modify certain types of mail and communications that you receive from us about the Program by indicating your communication preferences within the account settings section of the website. If you have a question regarding use of the Program, you may contact Customer Support by calling the number on the back of your Go365 or Humana member ID card.

Notice of Reasonable Alternative Standard

Rewards for participating in the Program are available to all eligible persons. If you think you might be unable to meet a standard for a reward under the Program, you might qualify for an opportunity to earn the same reward by different means. Contact Customer Support at the number listed on the back of your Program or Humana member ID card and we will work with you (and, if you wish, with your healthcare practitioner) to provide a reasonable alternative with the same reward value that is right for you, given your current health status.

Program Rules and Parameters

Go365 has sole discretion in administering the Program and interpreting the Terms and Conditions and Additional Terms. A revised copy of the Terms and Conditions will be posted on the website when any changes occur. Go365 is not responsible for misinterpretation or lack of knowledge of the Terms and Conditions. A process is available for you to resolve any issue or concern regarding the Program, contact Customer Support by calling the number on the back of your Go365 or Humana member ID card.

We reserve the right, in our sole discretion and without notice or liability, at any time during the duration of this Program, to take actions to administer the Program, including, but not limited to: (i) modify, suspend, cancel, or discontinue the Program, in whole or in part, for any reason, (ii) restrict, suspend or terminate participation of any persons enrolled in the Program, (iii) impose limits on, withdraw, modify, suspend or cancel any features, activities, promotions or services, (iv) limit the frequency, duration or number of times an activity may be completed, (v) adjust or deny the amount of Points or Bucks awarded for any activity, (vi) and modify or regulate the Points and Bucks you may have accrued in the Program.

You agree that Go365 or Program Party will not be liable for any modification, discontinuance or termination from the Program. You further agree to abide by Go365’s final and binding decisions regarding the Program and your participation in it.

Data Confidentiality

Your program data is used, shared and protected as outlined in our Notice of Privacy Practices and Internet Privacy Statement on the website.

By participating in the Program with any social media sharing tools or functions made available to me, I understand that my use of such tools or functions is completely voluntary. Further, I understand that if I choose to use the social media sharing tools or functions to share my information on social media I am responsible for the release of my information. Go365 is not responsible for the transmission of the information or use of the information on any website, and Go365 cannot retract or delete the information once it is released. I agree that it is my responsibility to understand social media sharing tools or functions prior to my use and to remove any information I no longer wish to have shared.

Unfunded Activities

Certain Program activities have charges associated with them which may not be funded by Go365.

Change in Status

Changes in Status are effective on the date determined by Go365.

Earning Go365 Rewards (Points and Bucks)

Program participation will be awarded to the individual member completing the activity. For rules and requirements regarding Go365 participation and earning of rewards, please review the descriptions of each specific activity. Not all Go365 programs have the same rewards. Available rewards, discounts and savings may differ depending upon the structure associated with the program in which you are enrolled.

Unless stated otherwise, you must request rewards for certain Program activities. These requests must be submitted to Go365 within ninety (90) days of completing the activity. Go365 will not recognize requests for rewards more than ninety (90) days after completing the activity. When indicated, you must use the designated forms and provide all requested documentation of your activities to be recognized as being eligible for rewards. You may need to provide your Go365 or Humana ID number to earn rewards for certain activities.

You are responsible for ensuring that Program participation and any eligible rewards are credited accurately. If you believe that a Program reward has been earned but not properly credited, you may be required to submit supporting documentation or proof to Go365 to correct the discrepancy. Such requests must be submitted within one hundred and twenty (120) days of completing the activity.

Points and Bucks will not be awarded unless earned in strict compliance with the requirements as established and intended by us, and you shall not attempt to earn rewards or participate in any aspect of the Program by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Program rewards, discounts, or savings are not transferable and may not be combined nor can they be transferred to an estate, successor or assign(s). Bucks have no “real world” or cash value and are not redeemable for cash. Program rewards, discounts, or savings do not constitute property of the individual. You forfeit all rewards, discounts or savings under the Program immediately upon termination from the program regardless of the circumstances of termination. Bucks cannot be redeemed if you are not enrolled in the Program, nor can they be redeemed after their expiration date regardless of enrollment status.

Redemption of Go365 Rewards

Rules specific to rewards redemption are set forth in the applicable sections of this document, on the website and within the Mall. Violation of these may result in forfeiture of rewards and/or termination from the Go365 program.

Program status of Bronze or higher is required to redeem rewards in the Go365 Mall. Cash transactions can be made in the Mall without any consideration for program status.

Redemption of Bucks. The total number of Bucks that can be used to redeem an item from the Mall at any given time is the total number of Bucks available in the account at the time of redemption. After an item has been ordered from the Mall, the order is final and the appropriate number of Bucks will be deducted immediately from the account.

All Bucks redeemed for items are final. Bucks will not be refunded or placed back in the account for any reason after an order has been placed unless otherwise noted within the Go365 Mall Terms of Use. Merchandise may not be returned for any reason except if item is damaged or defective, where the return should be initiated no more than two (2) weeks from when the merchandise is shipped in which case item will be replaced with the same or like item. See the Go365 Mall Terms of Use for more details.

Rewards with Limited Availability. At times, certain items available in the Mall may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item have been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Mall. If you redeem your Bucks for an item and we determine that the item is unavailable, out of stock or for whatever reason cannot be provided to you, we will “refund” the Bucks that you used to redeem for the item.

Rewards Pricing. Rewards, Bucks prices, cash prices, discounts and Program Mall item availability are subject to change without notice or liability at the discretion of Go365.

Delivery of Rewards. For Bucks redemptions and most cash purchases members must submit a valid email address to place an order; confirmation of the order will be made to this email address. You are also responsible for ensuring the mailing address associated with your order is accurate and up-to-date. Some items and merchandise may not be eligible for shipment to P.O., A.P.O. or F.P.O. boxes. Unless otherwise noted, rewards may only be shipped to the 50 United States and the District of Columbia.

Go365 is not responsible for and will not refund Bucks for: (i) non-receipt of an item shipped to the mailing address associated with the order; (ii) replacing shipments made to invalid or incorrectly supplied shipping addresses.

Purchases will be shipped as indicated in the Mall; in some cases the item selected will not require shipping, such as electronic gift card codes which will be provided within the confirmation email. We are not liable for any damages to, losses of or delays in any shipments. Rewards merchants may have additional policies, terms, and conditions, which are published separately on the merchant's website. Please review the merchant website for complete details.

Other Terms Applicable to Rewards. The Program Mall redemption partners are independent contractors and not agents or employees of Go365. Go365 and Program Parties hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any reward redemption partner through the website, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such reward redemption partner, and you hereby release Go365 And Program Parties from any liability with respect to the same.

Taxes

It is your responsibility to determine tax obligations, if any, related to participation in the Program for rewards, discounts, savings and contest prizes received under Go365. You are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program.

Contests

From time to time, Go365 may elect to conduct contests. All contests are subject to the rules, terms and conditions of the specific contest which may vary from one contest to another. Method of entry, participation and method for determining winner(s) will be described in the contest information published on our website. Go365 is under no obligation to provide contests and may choose to discontinue offering contests at any time, without notice or liability.

Jackpot

On a monthly basis, as part of the program activities, Go365 pulls random names from a list of eligible individuals and offers a selection of prizes from the Mall. Requirements for claiming prizes are published on the website and outlined in the notification provided to all winners. Go365 reserves the right to discontinue the Jackpot at any time, without notice or liability.

General Provisions

Termination/Suspension. Any suspension or termination will not affect your obligations to us under these Terms and Conditions, Additional Terms or any other requirements of the Program. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as any indemnities, releases, disclaimers, and limitations on liability.

Severability. If any provision of these Terms and Conditions, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions, or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of website’s security or information technology, or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions or other requirements of the Program; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters.

Go365 may share information obtained through an investigation with your employer.

Assignment. We may assign our rights and obligations under these Terms and Conditions, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and Conditions, and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Go365.

No Waiver. Except as expressly set forth in these Terms and Conditions, or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and, (ii) no waiver or modification of any term of these Terms and Conditions, or any Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.

Go365 Terms and Conditions for Medicare Members

Please read this agreement carefully. It sets forth legally binding terms and conditions for participation in the Program.

Release, Assumption of Risk and Waiver

By accepting these Terms and Conditions, you acknowledge that you are doing so voluntarily and with the understanding that Go365 is not providing medical advice. You understand that any activities or other information presented to you are not substitutes for a medical professional's evaluation and treatment.

Recommendations or information given by Go365 is for healthy, active individuals without cardiovascular heart disease, risk factors, or other contraindications to exercise. Participation in Go365 may include physical exercise, blood testing, and other health and fitness activities. These activities may involve risks and may not be appropriate for everyone. Before taking part in any Go365 program tests or activities you should obtain necessary medical advice about participating in the Program from your personal healthcare providers, including a thorough evaluation and review of your present physical condition and guidance regarding which activities are safe and appropriate for you. You acknowledge and understand that regardless of your physical condition while participating in the Program, certain elements of the program may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions.

In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option), and hold Go365 and its parent company and each of their respective subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (Program Parties) harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your activities in connection with the Program; (ii) your use of the Program or rewards earned through the Program; (iii) your breach or anticipatory breach of these Terms and Conditions or any other guideline, rule, or terms of service related to or part of the Program; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us; or (viii) any other reason (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Go365. We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause. Under no circumstances will Go365 or the Program Parties be responsible for or liable, together or separately, for any loss or damage of any kind, including personal injury or death, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to the Program. The foregoing limitation of liability will apply even if any event or circumstance were foreseeable, and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).

You understand this Release, Assumption of Risk and Waiver is a binding contractual agreement. You have read it fully; you hereby acknowledge that you understand it; and you voluntarily accept it.

Program Participation

In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms and Conditions, any promotion we may offer as part of the Program, is and will also be subject to the Additional Terms, and will also govern participation, and our execution, of each such promotion.

Go365 reserves the right to determine eligibility for participation in or use of the Program.

Information Accuracy. You will provide true, accurate, complete information about yourself and your activities in connection with your participation in the Program. You are solely responsible for all activities that occur under the account—whether or not you authorized the activity. You are solely responsible for maintaining and restricting access to your fitness device if you choose to connect it to the Program.

Communications, Notices and Customer Service

By registering for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notices on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses you provide to us.

You may modify certain types of mail and communications that you receive from us about the Program by indicating your communication preferences within the account settings section of the website. If you have a question regarding use of the Program, you may contact Customer Support by calling the number on the back of your Humana member ID card.

Notice of Reasonable Alternative Standard

Rewards for participating in the Program are available to all eligible persons. If you think you might be unable to meet a standard for a reward under the Program, you might qualify for an opportunity to earn the same reward by different means. Contact Customer Support at the number listed on the back of your Humana member ID card and we will work with you (and, if you wish, with your healthcare practitioner) to provide a reasonable alternative with the same reward value that is right for you, given your current health status.

Program Rules and Parameters

Go365 has sole discretion in administering the Program and interpreting the Terms and Conditions and Additional Terms. A revised copy of the Terms and Conditions will be posted on the website when any changes occur. Go365 is not responsible for misinterpretation or lack of knowledge of the Terms and Conditions. A process is available for you to resolve any issue or concern regarding the Program, contact Customer Support by calling the number on the back of your Humana member ID card.

We reserve the right, in our sole discretion and without notice or liability, at any time during the duration of this Program, to take actions to administer the Program, including, but not limited to: (i) modify, suspend, cancel, or discontinue the Program, in whole or in part, for any reason, (ii) restrict, suspend or terminate participation of any persons enrolled in the Program (iii) impose limits on, withdraw, modify, suspend or cancel any features, activities, promotions or services, (iv) limit the frequency, duration or number of times an activity may be completed, (iv) adjust or deny the amount of Bucks awarded for any activity, (v) and modify or regulate the Bucks you may have accrued in the Program.

You agree that Go365 or Program Party will not be liable for any modification, discontinuance or termination from the Program. You further agree to abide by Go365’s final and binding decisions regarding the Program and your participation in it.

Data Confidentiality

Your program data is used, shared and protected as outlined in our Notice of Privacy Practices and Internet Privacy Statement on the website.

By participating in the Program with any social media sharing tools or functions made available to me, I understand that my use of such tools or functions is completely voluntary. Further, I understand that if I choose to use the social media sharing tools or functions to share my information on social media I am responsible for the release of my information. Go365 is not responsible for the transmission of the information or use of the information on any website, and Go365 cannot retract or delete the information once it is released. I agree that it is my responsibility to understand social media sharing tools or functions prior to my use and to remove any information I no longer wish to have shared.

Unfunded Activities

Certain Program activities have charges associated with them which may not be funded by Go365.

Earning Go365 Rewards (Bucks)

Program participation will be awarded to the individual member completing the activity. For rules and requirements regarding Go365 participation and earning of rewards, please review the descriptions of each specific activity.

Unless stated otherwise, you must request rewards for certain Program activities. These requests must be submitted to Go365 within ninety (90) days of completing the activity, but no later than 12/31 of the current year, whichever occurs first. Go365 will not recognize requests for rewards more than ninety (90) days after completing the activity or later than 12/31 of the current year, whichever occurs first. When indicated, you must use the designated forms and provide all requested documentation of your activities to be recognized as being eligible for rewards. You may need to provide your Humana ID number to earn rewards for certain activities.

You are responsible for ensuring that Program participation and any eligible rewards are credited accurately. If you believe that a Program reward has been earned but not properly credited, you may be required to submit supporting documentation or proof to Go365 to correct the discrepancy. Such requests must be submitted within one hundred and twenty (120) days of completing the activity, but no later than 12/31 of the current year, whichever occurs first.

Bucks will not be awarded unless earned in strict compliance with the requirements as established and intended by us, and you shall not attempt to earn rewards or participate in any aspect of the Program by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Program rewards, discounts, or savings are not transferable and may not be combined nor can they be transferred to an estate, successor or assign(s). Bucks have no “real world” or cash value and are not redeemable for cash. Program rewards, discounts, or savings do not constitute property of the individual. You forfeit all rewards, discounts or savings under the Program immediately upon termination from the program regardless of the circumstances of termination. Bucks cannot be redeemed if you are not enrolled in the Program, nor can they be redeemed after their expiration date regardless of enrollment status.

Redemption of Go365 Rewards

Rules specific to rewards redemption are set forth in the applicable sections of this document, on the website and within the Mall. Violation of these may result in forfeiture of rewards and/or termination from the Go365 program.

All Bucks expire at the end of the year. Any Bucks earned during the current year must be redeemed on or before 12/31 or they will be forfeited. Bucks cannot be redeemed after their expiration under any circumstances.

Redemption of Bucks. The total number of Bucks that can be used to redeem an item from the Mall at any given time is the total number of Bucks available in the account at the time of redemption. After an item has been ordered from the Mall, the order is final and the appropriate number of Bucks will be deducted immediately from the account.

All Bucks redeemed for items are final. Bucks will not be refunded or placed back in the account for any reason after an order has been placed unless otherwise noted within the Go365 Mall Terms of Use. Merchandise may not be returned for any reason except if item is damaged or defective, where the return should be initiated no more than two (2) weeks from when the merchandise is shipped in which case item will be replaced with the same or like-item. See the Go365 Mall Terms of Use for more details.

Rewards with Limited Availability. At times, certain items available in the Go365 Mall may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item has been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Go365 Mall. If you redeem your Bucks for an item and we determine that the item is unavailable, out of stock, or for whatever reason cannot be provided to you, we will “refund” the Bucks that you used to redeem for the item.

Rewards Pricing. Rewards, Bucks prices, discounts and Program Mall item availability are subject to change without notice or liability at the discretion of Go365.

Delivery of Rewards. For Bucks redemptions members must submit a valid email address to place an order; confirmation of the order will be made to this email address. You are also responsible for ensuring the mailing address associated with your order is accurate and up to date. Some items and merchandise may not be eligible for shipment to P.O., A.P.O or F.P.O boxes. Unless otherwise noted, rewards may only be shipped to the 50 United States and the District of Columbia.

Go365 is not responsible for and will not refund Bucks for: (i) non-receipt of an item shipped to the mailing address associated with the order; (ii) replacing shipments made to invalid or incorrectly supplied shipping addresses.

Purchases will be shipped as indicated in the Mall; in some cases the item selected will not require shipping, such as electronic gift card codes which will be provided within the confirmation email. We are not liable for any damages to, losses of or delays in any shipments. Rewards merchants may have additional policies, terms, and conditions, which are published separately on the merchant's website. Please review the merchant website for complete details.

Other Terms Applicable to Rewards. The Program Mall redemption partners are independent contractors and not agents or employees of Go365. Go365 and Program Parties hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any reward redemption partner through the website, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such reward redemption partner and you hereby release Go365 And Program Parties from any liability with respect to the same.

Taxes

It is your responsibility to determine tax obligations, if any, related to participation in the Program for rewards, discounts, savings and contest prizes received under Go365. You are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program.

General Provisions

Termination/Suspension. Any suspension or termination will not affect your obligations to us under these Terms and Conditions, Additional Terms or any other requirements of the Program. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as any indemnities, releases, disclaimers, and limitations on liability.

Severability. If any provision of these Terms and Conditions, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions, or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of website’s security or information technology, or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions or other requirements of the Program; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters.

Assignment. We may assign our rights and obligations under these Terms and Conditions, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and Conditions, and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Go365.

No Waiver. Except as expressly set forth in these Terms and Conditions, or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions, or any Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.