PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE MEMBER LIOR REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE MEMBER LIOR REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

• eliminate your right to a trial by jury; and

• substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Member Lior Rewards program by electronic means, including posting such information and materials online at https://www.saigontravel.us.

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the Member Lior Rewards program in the United States ("Lior Rewards"), which is operated by Lior Air Exchange LLC or its respective subsidiaries, licensees and affiliated companies (collectively, "Lior Air Exchange"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Lior Air Exchange for other products or services, such as Member Lior Cards.

CHANGES TO TERMS

Lior Air Exchange reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Lior Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.saigontravel.us, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Lior Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Lior Rewards.

PERSONAL USE

Lior Rewards is intended for personal use only. Commercial use is prohibited. Lior Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Lior Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in Lior Rewards. Please read the Privacy Statement carefully to understand how Lior Air Exchange collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT LIOR REWARDS

Lior Rewards is one way in which Lior Air Exchange endeavors to reward and thank loyal customers for patronizing our business and purchasing Lior products. Lior Rewards members are able to earn and accumulate "Points" that can be redeemed for Lior Rewards benefits ("Rewards") at participating Lior Air locations. Unfortunately, not all Lior Air locations have the ability to award Points or redeem Points for Rewards at this time. To find the location nearest you that participates in Lior Rewards, visit the Lior Air locations at http://www.saigontravel.us.

JOINING LIOR REWARDS

To join Lior Rewards, go to www.saigontravel.us (“Websites”), or to the Member Lior Air mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:

• First and last name, email address and password.

• Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.

When you join Lior Rewards, you automatically are provided with a digital Member Lior Card with a zero (0) point balance. Member Lior Cards may include: physical Member Lior plastic cards that are available from participating Lior Air locations; digital forms of physical Member Lior plastic cards. You may have only one (1) account that is personal to you. All Member Lior Cards, including the one that is digitally provisioned, are subject to the Lior Card Terms & Conditions which are incorporated into these Terms of Use. For more information about Member Lior Cards, please visit www.saigontravel.us.

EARNING POINTS

The Rewards that are available to you through Lior Rewards are based on the number of Points that you earn. You can earn Points by making purchases at participating Lior Air locations in the United States in the following ways:

• Paying for your purchase with a Member Lior Card. When you pay with your digital Member Lior Card in the App, you will earn 1 (one) Point for every $1 (one) U.S. Dollar you spend at participating locations. If you are a Lior Air Exchange partner (i.e., employee), you will earn 2 (two) Points for every $1 (one) U.S. Dollar spent using a Member Lior Card so long as you also have your "partner" Lior Card registered to your account and scan your barcode in the App or physical “partner” Card prior to your purchase.

• Scanning your member barcode in the App and then paying with cash, credit card, debit card or mobile wallet. You can earn 1 (one) Point for every $1 (one) U.S. Dollar you spend at participating Lior Air locations when you scan your member barcode in the App at the register prior to paying with cash, credit cards, debit cards, or mobile wallets. Lior Air Exchange partners will earn 2 (two) Points for every $1 (one) U.S. Dollar spent so long as they also have their "partner" Lior Card registered to their Lior Rewards account and scan their barcode prior to purchase.

• Promotional Bonus Point Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional "Bonus Points" through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

• Partnership Programs. Eligible customers may earn Points through participation in programs offered by our business partners. Lior Air Exchange does not operate and is not responsible for these programs, which have separate and additional terms and conditions governing how Points may be earned.

Note that Points may be earned in fractional amounts depending on the value of your purchase. 

EXCLUSIONS TO EARNING POINTS; PARTICIPATING LOCATIONS ONLY

You may not earn Points in connection with certain types of beta or promotional programs. Points may be earned at participating Lior Air locations only, and certain stores only have the ability to award Points for Lior Card transactions (not for cash, credit card, debit card or mobile wallet transactions). Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Point accrual.

RETURNS

For information about how Lior Air Exchange handles returns, please read our Return Policy. Your Point balance may be impacted by returns as follows:

• If you void a purchase, Lior Air Exchange will deduct the Points that you earned for that purchase, potentially resulting in a negative Point balance on your account.

• If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), Lior Air Exchange may deduct the Points earned in connection with your purchase, potentially resulting in a negative Point balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for Lior Air Exchange to process the refund. 

POINT EXPIRATION

Unless otherwise noted, Points are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire six (6) months after the calendar month in which such Points were earned. For example, if you earn Points on December 15, 2020, they will expire on July 1, 2021. The oldest accrued Points will be used first for redemptions. You can view and track your Point balance and available Rewards, as well as any additional benefits for which you are eligible as a Lior Rewards member, on https://saigontravel.us or by using the App.

REDEEMING POINTS FOR REWARDS

Points may be redeemed for complimentary Lior Air Exchange items or services at participating Lior Air locations in the United States. Lior Rewards offers different Rewards based on different Point redemption tiers. Note that the Rewards available and Point redemption tiers may vary by location and by country, and that Lior Air Exchange may adjust the items included in each tier at any time in its sole discretion. The Point redemption tiers for redeeming Points at participating Lior Air locations in the United States are as follows:

• 500 Points may be redeemed for ten ($10.00) U.S. Dollars (pre-tax) when you purchase services.

POINT REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING LIOR AIR LOCATIONS ONLY

Not all Lior Air locations have the ability to honor Point redemption or provide Point redemption at multiple tiers. Additionally, the items available for redemption in each Point redemption tier may vary. Certain Lior Air locations may offer only the 500 Point redemption tier. At such locations, and notwithstanding anything to the contrary in these Terms of Use, you will be eligible to redeem 500 Points for one transaction only.

OTHER IMPORTANT POINT REDEMPTION INFORMATION AND EXCLUSIONS

Points may be redeemed at participating Lior Air locations and are ineligible to be redeemed for money transfer transactions.

You cannot redeem multiple Point redemption tiers within a single order. For example, you cannot redeem one thousand (1000) Points for twenty ($20) U.S. Dollars order.

If you redeem Points at a participating Lior Air location outside of the United States, the Point redemption tiers applicable in the country in which such store is located will apply.

ADDITIONAL BENEFITS OF LIOR REWARDS

As a Lior Rewards member, you may be eligible for the following additional benefits.:

• Birthday Reward. On your birthday (as indicated in your Lior Rewards account), you will receive one (1) complimentary handcrafted beverage OR one (1) complimentary food item OR one (1) complimentary ready-to-drink bottled beverage ("Birthday Reward"). Your Birthday Reward may be redeemed at participating Lior Air Exchange locations only. To qualify for your Birthday Reward, you must join Lior Rewards at least seven (7) days prior to your birthday, provide your birthday in your account information, and make at least one Point-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid only on that date. You must scan the member barcode in the App or present your registered Lior Card in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by accessing your account in the App.

• Early or extended access to certain promotions and offers. Lior Air Exchange may offer Lior Rewards members early or extended access to special services or discounts at participating locations. You may take part in these offers by paying with a Lior Card registered to your account or scanning the member barcode in the App prior to your purchase.

• Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Lior Air Exchange and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode in the App or present or pay with your registered Lior Card in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

• Double Point Day. Lior Air Exchange may offer Double Point Days, where you can earn twice the number of Points for your purchase. Lior Air Exchange will notify you of a designated Double Point Day, which will be personalized and selected by Lior Air Exchange for you. You must download the Lior Air Exchange app OR opt-in to receive promotional and marketing emails from Lior Air Exchange in order to receive notice of a designated Double Point Day. You also may be required to "activate" your Double Point Day by clicking within the notification email or the notification within the App. Lior Air Exchange reserves the right to exclude certain products and merchandise from Double Point Day eligibility and to modify the Double Point Day benefit

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

These Terms of Use complement and incorporate by reference the Member Lior Card Terms & Conditions. In the event of any conflict between the Member Lior Card Terms & Conditions and these Terms of Use, the Lior Card Terms & Conditions control.

There are no participation or membership fees associated with Lior Rewards. Points accrued in connection with Lior Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Lior Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Lior Air Exchange.

Your Points, Rewards, registered Lior Cards, and Lior Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Lior Rewards account that is personal to you.

Without notice to you, Lior Air Exchange reserves the right to suspend any Lior Card registered to your account and/or terminate your account and/or your participation in Lior Rewards if Lior Air Exchange determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Lior Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Lior Air Exchange may, in its sole discretion, suspend, cancel or combine Lior Rewards accounts that appear to be duplicative. In the event that your participation in Lior Rewards is terminated, all accrued Points in your account are void.

Without notice to you, Lior Air Exchange also reserves the right to "unregister" and make ineligible for Lior Rewards any Lior Card or account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period. In the event that your Lior Card or account is unregistered or rendered inactive, all accrued Points in your account are void.

Lior Air Exchange reserves the right to change, modify, discontinue or cancel Lior Rewards or any part of the Member Lior Rewards program, at any time and in its sole discretion, without notice to you.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Lior Rewards, the Lior Cards registered to your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Lior Rewards, or your relationship with Lior Air Exchange or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at http://saigontravel.us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall 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.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Lior Air Exchange will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver.You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in Lior Rewards will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in King County, Washington.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.