OAUG Rewards° Program - Terms and Conditions

Terms & Conditions of OAUG Rewards°!


	(as updated July 7, 2007) Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By registering for the OAUG Rewards° Program you acknowledge and agree to be bound by all of the terms and conditions (the "terms") stated herein. If you do not agree to these terms, do not register for OAUG Rewards°. OAUG Rewards° Points may be redeemed only for the rewards offered by OAUG. OAUG Reserves the right to modify or terminate OAUG Rewards° in any manner, in whole or in part, as outlined below, even though such changes may affect the redemption value of the rewards points already accumulated. You agree that you will review these terms periodically and that you shall be bound by these terms and any modifications hereof.

	OAUG Rewards° Membership Eligibility 1. You may only register for OAUG Rewards°, on or after August 1, 2007, if you have the capacity to enter into binding contracts, and are not already an OAUG Rewards° member. 2. To enroll in OAUG Rewards°, you must provide accurate, current and complete information about your company and you must maintain the accuracy, currency and completeness of your company information to maintain your eligibility for OAUG Rewards°. If you provide any registration data that is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate or refuse your current or future use of OAUG Rewards°. 3. Please refer to our Frequently Asked Questions page of the OAUG Rewards° Web site for additional information regarding the OAUG Rewards° Program. Your Privacy Please review the OAUG Privacy Policy that governs OAUG Rewards° (except as otherwise stated in these Terms) to understand our practices in connection with the use and protection of your personal information. Your enrollment and participation in OAUG Rewards° constitutes your acknowledgement and consent to the OAUG Privacy Policy. Your OAUG Rewards° Account 1. Only one OAUG Rewards° account per company is allowed and points belonging to different OAUG Rewards° accounts may not be combined. 2. OAUG will attempt to credit OAUG Rewards° member's accounts with OAUG Rewards° points on a timely basis. However, each member shall have the responsibility of ensuring that his or her points are properly credited. OAUG shall have no liability for any printing, production, typographical, mechanical or other errors in the OAUG Rewards° points summaries distributed by OAUG, for any delay or failure to credit OAUG Rewards° points to your account or for any failure to provide OAUG Rewards° account summaries as outlined herein. 3. By registering for and using the OAUG Rewards° Program, you are responsible for maintaining the confidentiality of your OAUG Rewards° account information and password and for restricting access to your account and your computer, and you agree to accept responsibility (and to hold OAUG harmless) for all activities that occur under your account or password and to authorize OAUG to act upon all instructions received under your OAUG Rewards° account password. 4. Your OAUG Rewards° account may be closed at OAUG’s sole discretion for any reason. It is the responsibility of the member to be aware of the expiration of their points. No extensions or other exchanges will be allowed for expired OAUG Rewards° points.
	OAUG Rewards° Guidelines 1. Membership in OAUG Rewards° and its benefits are offered at the sole discretion of OAUG. OAUG and its partners have the right to change, limit, modify, increase, decrease or cancel OAUG Rewards° Terms, point redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting points and rewards, or any other aspect of OAUG Rewards°, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards. Each member is responsible for reading from time to time the OAUG Rewards° Terms and their account statements in order to understand his or her rights, responsibilities, and status in OAUG Rewards°. 2. The awarding and redemption of OAUG Rewards° points are void where prohibited by law. The accumulation of points is subject to these Terms. Points accrued under OAUG Rewards° do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, OAUG Rewards° points are not redeemable for cash, transferable, or assignable for any reason. The sale, solicitation, trade or other trafficking in OAUG Rewards° points or referrals is strictly prohibited. The value of OAUG Rewards° points and the availability of rewards available for redemption are subject to change at any time, without notice. 3. Each OAUG Rewards° member will receive an OAUG Rewards° identification number. Upon receiving an OAUG Rewards° identification number the member will be eligible to accrue OAUG Rewards° points. 4. Participation in OAUG Rewards° is subject to these Terms, as well as any policies, restrictions, and procedures that OAUG may adopt or modify from time to time, including any conditions applicable to specific rewards available for redemption. OAUG may amend these Terms and any other applicable policies, restrictions, and procedures at any time without notice. OAUG has the sole discretion to interpret and apply these Terms. Your continued use of OAUG Rewards°, following the posting of conspicuous notice of any modification, will indicate your acceptance of any modification to the Terms hereof. If at any time a member does not accept the Terms and Conditions, or any subsequent amendments or modifications thereto, or becomes dissatisfied with OAUG Rewards°, his or her sole remedy is to terminate participation and membership in the program. 5. Any failure to abide by these Terms or any policies, restrictions, or procedures implemented by OAUG, any conduct detrimental to OAUG, or any misrepresentation or fraudulent activities in connection with OAUG Rewards° may result, in addition to any rights or remedies available to OAUG in law or equity, in the termination of membership in OAUG Rewards°, as well as forfeiture of OAUG Rewards° points accrued to date and any other benefits accrued in connection therewith, in OAUG’s sole discretion. OAUG reserves the right to invalidate OAUG Rewards° points from a member's account if it determines that such points were improperly credited to such member's account or obtained fraudulently. OAUG reserves the right to require proof of accrual of OAUG Rewards° points and OAUG reserves the right to delay the processing or redemption of any OAUG Rewards° points without notice to you, in order to assure compliance with the Terms outlined herein. In the case of fraud or abuse involving OAUG Rewards°, point credit, or reward use, OAUG and its partners have the right to take appropriate administrative and/or legal action, and all points accrued through OAUG Rewards° may be forfeited and the account closed. 6. OAUG may terminate OAUG Rewards° at any time. In such an event, OAUG shall give conspicuous notice at least ninety (90) days prior to the date that such termination becomes effective, during which time you may still accrue and redeem OAUG Rewards° points unless otherwise determined by OAUG in its sole discretion. Provided however, that you agree that OAUG shall not be required to give ninety (90) days notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankrupt, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All OAUG Rewards° points must be used prior to the effective date of termination. You should never rely upon the continued availability of OAUG Rewards° or any OAUG Rewards° points accumulated. 7. OAUG may at any time and without notice suspend or disable the OAUG Rewards° Web site for maintenance or upgrades. OAUG will not be responsible for your inability to redeem or accrue OAUG Rewards° points for the period that the Web site is disabled.

	Accrual of OAUG Rewards° Points All transactions in OAUG Rewards° are subject to review and adjustment by OAUG. OAUG reserves the right to invalidate points posted to a member’s account upon notice that the member did not comply with these Terms. 2. The OAUG Rewards° points structure is subject to modification or limitation at any time, with or without notice, in OAUG’s sole discretion, and OAUG expressly reserves the right to establish additional means of accruing OAUG Rewards° points, to delete any or all of the currently recognized means of accruing OAUG Rewards° points, to exclude specific types of transactions or to make OAUG Rewards points selectively available to certain OAUG Rewards° members based upon factors in its sole discretion. Redemption of OAUG Rewards° Points 1. OAUG Rewards° points are eligible for redemption once credited to the member’s account. Points can only be redeemed on the OAUG Rewards° Web site by the Rewards member who accrued them. OAUG Rewards° accounts must contain the minimum number of points required for the requested reward. OAUG Rewards° points will be deducted immediately upon approval of the requested reward.

	Other Terms and Conditions 1. OAUG is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the OAUG Rewards° Program or utilized by you, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any related OAUG Rewards° Program service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OAUG OR ANY REPRESENTATIVE OF OAUG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE OAUG REWARDS° PROGRAM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF OAUG IMPROPERLY DENIES YOU ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE OAUG REWARDS° PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. OAUG, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by OAUG Rewards° Program affiliates or vendors. TO THE FULLEST EXTENT ALLOWABLE BY LAW, OAUG SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY OAUG REWARDS° PROGRAM AFFILIATE, VENDOR OR OTHER PROVIDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. OAUG Rewards° Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program. 2. As a condition of participating in the OAUG Rewards° Program, you agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the OAUG Rewards° Program, or any rewards obtained through the OAUG Rewards° Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Atlanta, Georgia; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the OAUG Rewards° Program, but in no event attorneys' fees; and (3) under no circumstances will a participant be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.


	3. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and OAUG in connection with the OAUG Rewards° Program, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. 4. These Terms constitute the entire agreement between you and OAUG pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. 5. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.