Rewards Program

PondGardener Reward Points is a customer loyalty program owned and operated by cQuense, LLC. DBA PondGardener (as used herein, "PondGardener" shall refer to PondGardener.com, its parent corporation and affiliates thereof). Your participation as a member in the PondGardener Rewards Points program (the "Program") will be governed by these provisions, and we ask that you carefully read these Terms and Conditions ("Terms & Conditions"), along with our Privacy Policy as set forth below ("Privacy Policy"), before enrolling as a member of the Program.

These Terms & Conditions set forth the rules governing membership in the Program ("Program Terms"), and it is your responsibility to read and understand them. By enrolling as a member, you agree to be bound by the Program Terms. Participation in the Program and its benefits are offered at the discretion of PondGardener. PondGardener reserves the right to change the respective Program Terms and Privacy Policy, in whole or in part, at any time and without notice. It is your responsibility to regularly check the PondGardener Website as specified below to determine whether this Member Agreement has been modified. Your continued membership in the Program constitutes your agreement to the Program Terms, and all subsequent modifications, updates or notices related thereto ("Modifications"), and to the Privacy Policy.

Eligibility
  1. You must be 18 years of age or older to become a Member in the Program. Corporations, partnerships, or any other business entities are not eligible for membership.
  2. The Program is available via the PondGardener Website: http://www.PondGardener.com (the "Website"). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. PondGardener is not responsible for your inability to connect to the Internet, log onto the Website or access your PondGardener Reward Points Account.
  3. Members must be human: no machines, scripts, or automated services may be used to accumulate PondGardener Reward Points.
  4. Membership is limited to one account per person ("Account"). You cannot maintain multiple accounts even if you have multiple email addresses. Any duplicate accounts will be subject to termination, and any PondGardener Reward Points accumulated therein will be forfeited.
Privacy Policy
 PondGardener recognizes the importance of protecting your privacy. We also recognize that when you choose to provide information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide our Members with better service. That is why we have put a Privacy Policy in place that guides how we collect, store and use personal information about our Members. Our online Privacy Policy can be found at our Website, and we urge you to review our Privacy Policy before enrolling in the Program as it forms part of the Program Terms.
Accrual of PondGardener Reward Points
  1. PondGardener Reward Points is the rewards "currency" of the Program. As a Member, you will have the opportunity to earn PondGardener Reward Points by purchasing products and/or services generally offered by PondGardener (a "Purchase"), or as offered and approved as promotions on the Website from time to time ("Promotions"), and/or by participating in questionnaires, surveys or contests ("Contests"). It is your responsibility to comply with the rules specified by each Promotion or Contest. Your eligibility to participate in any given Promotion or Contest, and your compliance with the rules for fulfillment of any given Promotion or Contest, will be determined solely by PondGardener.
  2. PondGardener Reward Points cannot be accrued until you are enrolled in the Program. PondGardener Reward Points will not apply for Purchases that occurred prior to your enrollment, unless otherwise indicated by a specific Promotion or Contest, in which case your Account will be credited according to the rules and eligibility of the Promotion or Contest.
  3. PondGardener reserves the right to invalidate PondGardener Reward Points posted to your Account upon notice by PondGardener that you did not fulfill your obligation under the applicable Promotion or Contest rules.
  4. PondGardener, at its sole discretion, determines the number of points to be awarded for any Purchase, Promotion, or Contest. Purchases of equal retail value may accrue a different number of PondGardener Reward Points.
  5. Not every Purchase on the Website will result in accrual of PondGardener Reward Points Redeeming a Gift Certificate will result in accrual of PondGardener Reward Points when applicable. In some cases, as may be determined by PondGardener, some Purchases or Promotions may not accrue PondGardener Reward Points, and will be labeled as such on the Website.
  6. Once you make a Purchase or fulfill all applicable requirements for a Promotion or Contest, the designated number of PondGardener Reward Points specified by that Purchase, Promotion or Contest will be transferred into your Account. In some cases, there may be some delay in the crediting of PondGardener Reward Points to your Account. You cannot use multiple Promotions for the same Purchase. PondGardener Reward Points will not be usable until PondGardener receives full payment for the order in which the PondGardener Reward Points were accrued.
  7. Cancelled Purchases will result in loss of the applicable PondGardener Reward Points accrued from that Purchase.
  8. Purchases returned to PondGardener for a refund will result in forfeiture of PondGardener Reward Points accrued from that Purchase.
  9. PondGardener will not be responsible for any delay or failure to credit PondGardener Reward Points to your Account. It is your responsibility to regularly check your Account to ensure that PondGardener Reward Points transfers have been properly credited and that your Account balance is accurate. If you contend that PondGardener Reward Points have been earned but not credited, PondGardener reserves the right to require proof of accrual of such PondGardener Reward Points from you, including but not limited to copies of receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for PondGardener Reward Points and proof of accrual of said points must be received by PondGardener within ninety (90) days after the date such PondGardener Reward Points were claimed to be earned.
  10. PondGardener reserves the right to audit your account and PondGardener Reward Point accrual without notice for compliance with the rules set forth in these Program Terms at any time. In the event that the audit reveals discrepancies, you may be subject to forfeiture of your PondGardener Reward Points if said discrepancies are not resolved.
  11. PondGardener is not responsible for changes to, or discontinuance of any Promotion or Contest, or for any effect on accrual of PondGardener Reward Points caused by such changes or discontinuance.
  12. PondGardener is under no obligation to provide Members with a guaranteed number of PondGardener Reward Points opportunities or advise them of Promotion or Contest offers.
  13. For additional questions about specific Promotions or Contests, please address inquiries to PondGardener by telephone at 855-781-4747 or via email to info@pondgardener.com.
Account Access and Password
  1. When you enroll for membership at the Website, you will be asked to enter a password. This will allow you to access your Account to verify accruals of PondGardener Reward Points, check Account balances, and redeem PondGardener Reward Points for discounts on merchandise as set forth in the Website (the "Rewards").
  2. You must be logged into the Website, using your email address and password, in order to access your PondGardener Reward Points Account. You may check your Account status and recent PondGardener Reward Points earning history at any time. You may also request receipt of your Account statement by email.
  3. PondGardener is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for maintaining the confidentiality of your email address, password, and account information. PondGardener is not responsible for any credits or debits made to your Account or for any loss you may incur as a result of any unauthorized person using your email, password or account information. If you forgot your password, you can enter your email address at the Website to update it or contact us by phone or email for assistance.
  4. Members agree to provide correct and accurate personal identifying information including email address to PondGardener.
  5. Keeping your Account information accurate and up to date is very important. You have a continuing obligation to ensure that your information is up to date and accurate at all times. Failure to provide PondGardener with accurate account information may result in forfeiture of your PondGardener Reward Points.
Redemption of PondGardener Reward Points
  1. PondGardener Reward Points accrued in your Account can be redeemed for product discounts ("Rewards") at PondGardener at the time of redemption.
  2. Redemption requests must be initiated while logged onto the Website, using your email address and password.
  3. Although PondGardener will provide an estimated time for fulfillment of your redemption request, PondGardener does not guarantee delivery within the estimated time, and shall not be held responsible for any failure to deliver within the time designated.
  4. PondGardener is not responsible for changes to or discontinuance of any Reward, or for any effect on or devaluation of Rewards caused by such change or discontinuance. Members should not rely upon the continued availability of any Reward or Reward level. PondGardener is not responsible for replacement of any discontinued or changed Reward.
  5. Shipping and/or import restrictions do not apply to Rewards. Related shipping charges do not apply to Rewards unless otherwise specified by PondGardener.
  6. Once the Member redeems PondGardener Reward Points for Rewards, the appropriate number of PondGardener Reward Points will be deducted from the Member's Account. Under no circumstances will Rewards be refunded or exchanged for PondGardener Reward Points or cash, nor will PondGardener Reward Points be restored to the Member's Account once a Member claims a Reward. All redemptions are final.
  7. Redemptions made with fraudulently accrued PondGardener Reward Points will be charged to your credit card at full value.
  8. PondGardener is not responsible for any product warranties relating to Rewards. Please review the manufacturer’s warranty on any Rewards when redeeming PondGardener Reward Points.
  9. PondGardener Reward Points have no cash value and are not redeemable in the event the Program is terminated, or if PondGardener ceases to do business or is sold, assigned, declared bankrupt or a receiver is put in place.
  10. PondGardener Reward Points cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except where designated by PondGardener.
  11. PondGardener Reward Points are void where prohibited by law. You shall comply with all laws, rules, and regulations that are applicable to a member of this Program. You acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by such laws, rules, and regulations.
  12. PondGardener reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available on any particular promotional offer at any time. For any questions, please address inquiries to PondGardener at info@PondGardener.com.
  13. It is your responsibility to read and understand the information provided in these Terms & Conditions, Privacy Policy and any other documentation governing this Program (the "Documentation") before accumulating PondGardener Reward Points. The Documentation is frequently updated. Further, it is your responsibility to check the Documentation regularly to determine whether the Program Terms have been modified. If you do not agree to any such Modification, you must immediately cease participation in the Program.
Expiration

PondGardener Reward Points earned on or after the date of your enrollment (including any retroactive PondGardener Reward Points as noted above) shall be subject to expiration 365 days after the date on which said PondGardener Reward Points accrued. Expired PondGardener Reward Points will be deducted from your Account. No refunds, credits or extensions will be given for PondGardener Reward Points that have expired.

Non-Transferability
  1. PondGardener Reward Points earned, granted or accumulated under the Program may not be assigned or transferred to any third party.
  2. The sale or barter, assignment, or other disposal of any PondGardener Reward Points is expressly prohibited.
  3. PondGardener Reward Points do not constitute property, and are not transferable: (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
  4. PondGardener Reward Points assigned, sold, or otherwise transferred in violation of the Program Terms will be confiscated or canceled. Any violator of the foregoing restrictions is subject to account termination, deduction of PondGardener Reward Points from his or her Account, and/or liability for damages and litigation and transaction costs.
Termination or Changes to the Program
  1. PondGardener reserves the right to terminate the Program for whatever reason with thirty (30) days notice. This means you will have 30 days from the date of notice to accumulate and redeem PondGardener Reward Points in your Account before the Program terminates.
  2. Notification of Program termination will be posted on the Website. PondGardener will not be held responsible for failing to notify you of Program termination should you fail to check the Website on a regular and frequent basis.
  3. PondGardener may at any time and without notice suspend or disable the Website for maintenance or upgrades. PondGardener will not be responsible for Members' inability to redeem or earn PondGardener Reward Points for the period that the Website is disabled.
  4. PondGardener reserves the right to change the Program Terms, and any Modifications thereto, under which the Program is offered from time to time and without notice. It is your responsibility to check the Terms & Conditions and Privacy Policy on the Website regularly to determine whether these program Terms or the Privacy Policy has been modified.
  5. Your continued membership in the Program constitutes your agreement to the Program Terms, and any Modifications thereto.
Termination of Membership
  1. A Member may voluntarily terminate membership in the Program at any time and is effective upon submitting a termination request via email to  info@PondGardener.com and the Member receiving confirmation of such termination from PondGardener.  PondGardener Reward Points accumulated but not redeemed by the Member up to the date of termination will be forfeited. Members may not accrue or redeem PondGardener Reward Points after the date of termination.
  2. PondGardener reserves the right, in its sole discretion, to disqualify you from membership in the Program if, in the sole judgment of PondGardener you violate the Program Terms, and/or any Modifications thereto, by providing notice. Upon any termination hereunder, the Member's right to accrue and redeem PondGardener Reward Points shall immediately be cancelled. Any and all PondGardener Reward Points accumulated but not redeemed up to the date of termination will be forfeited.
  3. Membership in the Program is subject to the Program Terms. Any failure to comply with the Program Terms, any fraud or abuse relating to the accrual or redemption of PondGardener Reward Points or any misrepresentation of any information supplied to PondGardener by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Account and/or forfeiture of your PondGardener Reward Points.
  4. Membership in the Program terminates immediately upon your death.
  5. If at any time, you do not accept the Program Terms, or any subsequent Modifications thereto, or become dissatisfied with the Program, your sole remedy is to terminate your participation and membership in the Program.
Disclaimer of Warranties

THE PondGardener REWARD POINTS PROGRAM IS BEING PROVIDED TO MEMBERS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PondGardener EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILILTY, SATISFACTORY QUALITY, N0N-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

PondGardener DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR PROMOTIONS FOR ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED IN CONJUNCTION WITH THE PROGRAM NOR DOES PondGardener ASSUME ANY RESPONSIBILITY FOR INFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.

IN ADDITION, ALTHOUGH PondGardener INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PondGardener WEBSITE, PondGardener DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER DESTRUCTIVE MATERIALS. IN ADDITION, PondGardener DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND PondGardener ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THIS SITE.

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE, WRITTEN OR ORAL, GIVEN OR MADE BY OR ON BEHALF OF PondGardener PRIOR TO THIS MEMBER AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS PROVISION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.

Limitation of Liability

IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH PondGardener HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN OFFER PARTNER RELATIONSHIP, AN AFFILIATE OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF PondGardener OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY PondGardener.

PondGardener SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PECUNIARY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY PondGardener IN ADMINISTERING THE PROGRAM; OR (III) THE USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF PondGardener OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

PondGardener IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR CHANGES OR DISCONTINUANCES OF SERVICES OR MERCHANDISE FROM SUPPLIERS, WHICH MAY AFFECT PROMOTIONAL OR CONTEST OFFERS, OR THE ACCRUAL OF PondGardener REWARD POINTS.

IN NO EVENT SHALL PondGardener’S TOTAL LIABILITY, EITHER JOINTLY OR SEVERALLY, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE AND/OR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) EXCEED ONE DOLLAR (US $1.00).

Fraud and Abuse

Fraud or abuse relating to the accrual of points or redemption of PondGardener Reward Points may result in forfeiture of accrued points as well as the termination of your PondGardener Account. You are solely responsible for any fraudulent use of your PondGardener Reward Points that could occur due to the theft of or sharing of your password. PondGardener Reward Points is a service provided to an individual PondGardener user, not a company. It is considered fraudulent and abusive for any individual or company to direct, encourage, or allow individuals to use a single PondGardener account for the purpose of accumulating points for company use.

You agree not to abuse the PondGardener Reward Points Program by conduct which is detrimental to the interests of PondGardener, including without limitation attempting to accrue PondGardener Reward Points or spend PondGardener Reward Points in a manner inconsistent with the rules of or intent of this Member Agreement, having multiple accounts, attempting to earn PondGardener Reward Points through other than legitimate channels, or participating in purchasing or redemption fraud, etc.

PondGardener reserves the right to terminate or disable, at PondGardener’s sole discretion, any Program membership if PondGardener believes you have violated or acted inconsistently with the Program Terms or intent of this Member Agreement. You understand and agree disabling of membership will result in your inability to redeem and/or earn PondGardener Reward Points. You understand and agree termination of membership will result in the cancellation of all of your PondGardener Reward Points.

PondGardener shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of PondGardener Reward Points) shall be final and binding.

Disputes or Errors

All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of PondGardener Reward Points for accrual or redemption, must be submitted via email within sixty (60) days of the qualifying transaction, to info@PondGardener.com.

 PondGardener shall resolve all and any disputes at its sole discretion. In the event that an error is made by PondGardener, such error shall not constitute a breach of these Terms & Conditions, and your sole remedy shall be the credit of the disputed PondGardener Reward Points to your Account. All interpretations of Program Terms shall be at the sole discretion of PondGardener. PondGardener is solely responsible for the interpretation and application of the policies and procedures communicated in this Member Agreement and elsewhere to other Program members. All determinations by PondGardener shall be final and conclusive in each case.

Arbitration

Any controversy or claim arising out of or related to the Program or the Terms & Conditions or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Houston, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or dispute of any other party. The arbitration shall be governed by federal arbitration law and Rules, without reference to state arbitration law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You and PondGardener agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall not have authority to award punitive or exemplary damages against the other party. This arbitration section shall survive termination of the Program or your participation in it.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to conflicts of law rules. If any provision of these Terms & Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. PondGardener’s failure to insist upon or enforce strict performance of any provision of the Terms & Conditions shall not be construed as a waiver of any provision or right. Nothing in this Member Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between PondGardener and you, or between PondGardener and its suppliers. PondGardener’s suppliers shall have no ability to create any obligation on PondGardener’s behalf. These Terms & Conditions constitute the entire agreement between you and PondGardener and supersedes all prior understandings, agreements, communications and / or advertising with respect to the Program.

Indemnification

You agree to indemnify and hold PondGardener, and its respective affiliates, officers, directors and employees harmless from any and all claims, demands, damages, and / or costs incurred in connection with any transaction or activity in which you engage in connection with the Program that violates local laws, rules or regulations.