Terms and Conditions

This document describes the terms and conditions applicable to your use of the Program. If you do not agree to be bound by these Terms and Conditions, do not use or access the eBay Anything Points? Loyalty Program.

You must read, agree with and accept all of the provisions contained in these Terms and Conditions and those incorporated by reference, before you may use the Program. We strongly recommend that, as you read these Terms and Conditions, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Please note: underlined words and phrases are links to these pages and websites.

1. Overview of eBay® Anything Points
1. The eBay® Anything Points? Loyalty Program is a loyalty program sponsored by eBay Inc. through which eBay Users can earn points ("Anything Points") by engaging in certain activities designated by eBay or by eBay's participating providers in the Program ("Providers").
2. eBay Users will be permitted to convert Anything Points into the points of loyalty programs sponsored by certain Providers (the "Provider Programs"). eBay Users may also convert the points from certain Provider Programs into Anything Points.
3. The current list of Providers will be available on the Program website located at anythingpoints.ebay.com (the "Website")
2. Participation in the Program
1. The Program is open only to individuals who can form legally binding contracts under applicable law. If you do not quality, please do not participate. The Program is open only to individuals who are eighteen (18) years of age or older. In order to participate, an individual must have: (a) originally registered to become an eBay User on either www.eBay.com or www.eBay.ca (each an "eBay Site"), and currently be an active member of either www.eBay.com or www.eBay.ca; and (b) registered to become a PayPal User and currently be an active member in good standing with PayPal. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. The Program is void where prohibited or restricted by law.
2. To participate in the Program, eBay Users must create a Program account ("Account") on the Website. Once an eBay User creates an Account, that individual becomes a Program Member ("Member").
3. Participation in the Program constitutes each Member's full and unconditional agreement to these Terms and Conditions, as well as (a) to the user agreement for the eBay Site that you are a registered member of and (b) to the PayPal User Agreement, both of which are incorporated herein. Click here to view the eBay user agreement for www.eBay.com, and click here to view the eBay user agreement for www.eBay.ca (each an "eBay User Agreement"). Participation in the Program is contingent upon the Member's compliance with these Terms and Conditions. Members who do not comply with these Terms and Conditions may be prohibited from participating in the Program.
4. The personal information that is collected from you in connection with the Program will be used in accordance with (a) the privacy policy for the eBay Site that you are a member of and (b) the PayPal Privacy Policy. Click here to view the eBay privacy policy for www.eBay.com, and click here to view the eBay privacy policy for www.eBay.ca (each an "eBay Privacy Policy"). Information submitted by a Member may be transferred to and from a Provider to facilitate the Member's participation in the Program. To learn how this information may be used by a Provider, please read that Provider's privacy policy.
5. eBay will not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member's participation in the Program and earning, conversion, holding and/or use of Anything Points and for all applicable filing and reporting obligations. Members should consult with their tax advisors regarding the accumulation, conversion and use of Anything Points
3. Modification and Termination of the Program
1. eBay may modify any of the terms and conditions governing the Program - including, but not limited to, the methods through which Anything Points can be earned, how Anything Points can be used, the value of Anything Points, the identity of the Providers, the conversion rates between Anything Points and points in Provider Programs, and the conditions under which Anything Points may be forfeited - at any time, with or without notice, even though these changes may affect a Member's ability to use the Anything Points that he/she has already earned.
2. The Program has no predetermined termination date and may continue until such time as eBay decides to terminate the Program. eBay may terminate the Program at any time, with notice via email to the Member's email address currently on file with eBay for their eBay account. Members will have six (6) months from the date Program termination is announced to use Anything Points. Any Anything Points that are remaining in a Member's Account at time of termination will be forfeited and no compensation will be provided.
3. A Member's continued participation in the Program constitutes the Member's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that eBay may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Website and will supercede all previous versions of these Terms and Conditions.
4. Earning and Converting Anything Points
1. Members can earn Anything Points by engaging in certain activities designated by eBay or its Providers. Check the Website and the websites of each Provider for more details. Anything Points earned by a Member will be deposited in that Member's Account.
2. Please see the Website and the websites of each Provider for instructions on how to convert Anything Points into the points of any Provider Program or to convert the points of any Provider Program into Anything Points. Conversion rates vary per Provider. See the Website for more information.
3. Members will receive a confirmation message by e-mail once a conversion has been completed. Once a conversion has been completed, it may not be reversed.
4. EACH PROVIDER PROGRAM IS SUBJECT TO ITS OWN TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS MAY ADDRESS, AMONG OTHER THINGS, WHO IS ELIGIBLE TO PARTICIPATE IN THE PROGRAM, HOW TO ENROLL IN THE PROGRAM, AND HOW POINTS MAY BE EARNED, USED, AND TRANSFERRED. YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF A PROVIDER PROGRAM BEFORE ATTEMPTING TO CONVERT ANYTHING POINTS INTO POINTS OF THAT PROVIDER PROGRAM, OR ATTEMPTING TO CONVERT POINTS OF THAT PROVIDER PROGRAM INTO ANYTHING POINTS. EBAY MAKES NO REPRESENTATION AS TO WHETHER ANY MEMBER IS ELIGIBLE TO PARTICIPATE IN ANY PROVIDER PROGRAM.
5. Using Anything Points
1. One (1) Anything Point equals a credit of $0.01 USD towards the purchase of items through the eBay website using PayPal. All items offered through eBay are eligible except Live Auctions and Real Estate. Anything Points may not be used to purchase items on Half.com or Sothebys.com.
2. Members can use Anything Points to pay for items on the eBay website as long as the transaction meets each of the following criteria: (a) the item is priced in US Dollars, Canadian Dollars, Euros, or Pounds Sterling; (b) the seller accepts PayPal as a payment method; (c) the Member uses Anything Points to pay for the item within ten (10) days of the end of an online auction or instant purchase; and (d) the item is purchased using the same eBay User account that was used to register for the Program. Members cannot use Anything Points to pay for incidental charges (e.g., sales tax, shipping, etc.) related to transactions on the eBay Site.
3. If the number of Anything Points in a Member's Account is not sufficient to complete a transaction, the Member will be required to use an additional source of funds, such as a credit card, stored value on PayPal, or a checking account to complete the transaction like a standard eBay transaction. Neither eBay, PayPal, nor any Provider shall have any liability resulting from a Member's failed attempt to use eBay Anything Points to pay for a transaction. A seller will receive a single PayPal payment, regardless of whether a Member completed a transaction entirely with Anything Points or whether the Member combined Anything Points with an additional source of funds.
4. In the event that a PayPal transaction involving Anything Points is reversed, all of the Anything Points used in that transaction will be re-deposited into the Member's Account.
5. If a Member fails to comply with these Terms and Conditions, or if a Member's eBay or PayPal account is suspended or is otherwise no longer in good standing, etc., eBay may terminate such Member's participation, and any remaining Anything Points in the Member's Account will be forfeited and no compensation will be provided. If a Member cancels his/her eBay account or his/her PayPal account, any remaining Anything Points in the Member's Account will be forfeited and no compensation will be provided.
6. If there is no Activity in a Member's Account in a twelve-month period, a service fee of 100 Anything Points will be deducted from the Member's Account per month until such time as there is activity in the Member's Account or until the balance in the Account is depleted. "Activity" includes any PayPal transaction completed in whole or in part using Anything Points, the conversion of Anything Points into the points of any Provider Program, or the conversion of the points of any Provider Program into Anything Points.
6. General Terms and Conditions
1. ACCRUED ANYTHING POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. ANYTHING POINTS ARE CREDITS THAT EBAY MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. ANYTHING POINTS MAY BE NOT EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE BY OPERATION OF LAW.
2. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Anything Points earned from engaging in an activity sponsored by a Provider, the Member must contact that Provider to resolve the issue. If a Member believes that Anything Points were not properly converted into points of any Provider Program, or that points of any Provider Program were not properly converted into Anything Points, the Member must notify Customer Service within seven (7) days of the day the Member earned the Anything Points or attempted the conversion.
3. Providers may be added to or removed from the Program at any time with or without notice. In the event that a Provider is removed from the Program, the Member will still retain any Anything Points remaining in the Member's Account that were earned through that Provider.
4. eBay reserves the right to discontinue the membership of any Member who uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued membership may result in the loss of all earned Anything Points, benefits, and privileges. In addition to discontinuance of Program membership, eBay shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
5. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, eBay reserves the right to seek damages from any such person to the fullest extent permitted by law. eBay's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
6. All questions or disputes regarding an individual's eligibility for the Program, the earning, use, or conversion of Anything Points, or a Member's compliance with these Terms and Conditions will be resolved by eBay in its sole discretion
7. Limitation of Liability
1. By participating in the Program, Member acknowledges that technical processing and transmission of information on the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. eBay is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the Program or utilized by the Member; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, inability to access the Website or on-line service; (f) any other technical or non-technical error or malfunction; or (g) fraud or unauthorized use of Member's account.
2. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless eBay, PayPal, Provider(s) and each of their related companies, and each such company's respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT EBAY HAS IMPROPERLY DENIED THAT MEMBER ANY ANYTHING POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF ANYTHING POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES 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. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT".
4. Notwithstanding any other provision of these Terms and Conditions, in the event there is a direct conflict between these Terms and Conditions and either the particular eBay User Agreement that pertains to you or the PayPal User Agreement concerning any aspect of your participation in the Program, these Terms and Conditions will control and prevail, including but not limited to those Terms and Conditions dealing with limitation of liability, arbitration, governing law and jurisdiction.
5. Legal Disputes. Members agree that any controversy or claim at law or equity that arises out of or relates to the Program ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.
• Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, Members or eBay may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
• Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Santa Clara County, California or where the defendant is located (in eBay's case, San Jose, California and in Member's case, such Member's home address or principal place of business). Members and eBay agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.
• Alternative Dispute Resolution. eBay will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Santa Clara County, California or another location mutually agreed upon by the parties.
• Violations of this Section 5 ("Legal Disputes"). All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 5, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
6. These Terms and Conditions are governed by and interpreted under the laws of the state of California, U.S. as such laws are applied to agreements entered into and to be performed entirely within California by California residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 5 hereof, to the extent that the FAA is inconsistent with California law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. eBay's failure to act with respect to a breach by Members does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions and any documents it incorporates set forth the entire understanding between the parties with respect to the subject matter hereof. Sections F and G shall survive any termination or expiration of this Agreement. It is the express wish of the parties that this document and any related documents be drawn up in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés en anglais.
7. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.