Becoming a Home Run Inn Rewards Member
The Home Run Inn Rewards Program allows you to earn and/or receive rewards (program rewards, are individually or collectively referred to as 鈥淩eward(s)鈥�). To become a Home Run Inn Rewards member, you must: (1) Be at least 13 years old; and (2) Register Your Email & Mobile Phone Number at www.HomeRunInn.com/email-clubs. Your Home Run Inn Rewards membership is 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) Home Run Inn Rewards membership and associated account that is personal to you. A unique and valid email address is required to register for a Home Run Inn Rewards account. A social media account may be required to complete actions to earn certain Rewards. Your Home Run Inn Rewards email address or current mobile number may be required to be presented in connection with a transaction or activity. The Home Run Inn Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. There are no membership fees associated with the Home Run Inn Rewards Program.
Earning and Using Rewards
No Rewards are earned until you have created a valid Home Run Inn Rewards account by joining at /restaurant-rewards/ and entering a valid email address and mobile number. Rewards are issued by Home Run Inn on a periodic basis and may not be identified to you in advance. Number, type and frequency of Rewards are based upon a number of factors, including without limitation the frequency of visits, the volume and type of purchases made, Home Run Inn Rewards usage, type of personal information provided, and type and amount of participation in and/or interaction with Home Run Inn and/or activities, other Programs and/or applications. Purchases from a participating Home Run Inn Restaurants may be required to earn Rewards. Voluntary activities required to earn Rewards may include, among other things: (1) features that display your user name and/or status; and/or (2) contests, sweepstakes or other like activities subject to applicable rules and/or Program terms identified at the time. Certain activities may only be available to participants 18 years and older. Activities to earn Rewards do not count towards, and may not be combined with, activities described under other Programs. Activities tied to specific Rewards must be fully completed, as determined by Home Run Inn in its sole discretion, and will result in a single Reward regardless of the number of times the activity is performed. Partial Rewards will not be issued. If a full Reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. Home Run Inn Rewards accounts may be used to earn purchase-based Rewards a maximum of five times per day, with a minimum of two hours between each usage. Unless otherwise identified, a Reward will consist of the single serving size of the rewarded item. Home Run Inn has the sole discretion to determine the size of the Reward. Qualifying purchases reflected in an account where there is a period of twelve (12) months of inactivity will no longer count toward earning a purchase-based Reward.
Other Home Run Inn Rewards Information
Your Home Run Inn Rewards account has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Catering Rewards Dollars are not a gift card or credit card and accordingly are not reloadable.聽 Rewards may not be earned or redeemed if unexpected technical difficulties arise.
As a participant in the Home Run Inn Rewards Program, Home Run Inn may automatically enroll you in other Programs that are complementary to the Home Run Inn Rewards Program. Please read the聽Privacy Policy聽to understand how Home Run Inn collects, uses and discloses information about customers, how to update or change your personal information and how we communicate with you.
Without notice to you, Home Run Inn reserves the right to suspend any Home Run Inn Rewards account and/or terminate your account and/or your participation in the Program for any reason in its sole discretion, including without limitation if Home Run Inn determines in its sole discretion that you have violated these Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Home Run Inn may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in the Home Run Inn Program is terminated, then all accumulated Rewards in your account are void.
Online Ordering
Home Run Inn may make available to you the ability to order online from our participating Home Run Inn Restaurant locations (鈥渢he Services鈥�). These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. The Home Run Inn Restaurant location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Services. The Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. Refunds, if any, of amounts paid for canceled catering orders will be identified at the time of cancellation. Please contact the Home Run Inn Restaurant for fulfilling your order directly to identify amounts due. Additional details about online ordering are available in the applicable FAQ section of the Services.
Delivery
Delivery is available at participating Home Run Inn restaurants.聽 Delivery hours may be limited and may vary. Home Run Inn restaurants that offer delivery may also offer an order tracking system available via app on your mobile phone. Data usage or other like fees owed to your mobile carrier may apply. Delivery orders require a minimum order of a certain amount, which may vary by location. In most cases, the minimum order amount will be exclusive of taxes and delivery charges that may apply and which may vary by location. Our delivery charge is not a tip or gratuity provided to the driver. Orders must be placed online with a credit card, apple pay, PayPal or Home Run Inn Gift card.
Home Run Inn Text Messaging Programs
Home Run Inn Pick-Up Order Status Notifications Text Message Program Terms
Please read these Terms of Use carefully. These Terms of Use incorporate any additional terms and conditions identified in the HOME RUN INN Pick-Up Order Status Notifications Text Messaging Program (鈥渢he 鈥淧ick-up Order Program鈥�) description.聽聽BY USING, PARTICIPATING IN OR ACCESSING THE PICK-UP ORDER PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION (EXCEPT WHERE PROHIBITED BY APPLICABLE LAW) BINDING ARBITRATION TERMS AND A CLASS ACTION WAIVER. If you do not agree to these Terms of Use, do not use, participate in or access the Pick-Up Order Program.
These Terms of Use apply to your use, participation in and/or access to the Pick-Up Order Program. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Home Run Inn for other products and services. Home Run Inn reserves the right to change, modify, eliminate, terminate, discontinue and/or cancel the Pick-Up Order Program and/or all or any portion of these Terms of Use and/or any other related terms pertaining to the Pick-Up Order Program at any time and in its sole discretion, without notice to you. Any changes or modifications will be effective immediately upon posting the revisions to聽www.HomeRunInn.com聽, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Pick-Up Order Program confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use frequently to understand the terms and conditions that apply to the Pick-Up Order Program. If you do not agree to the Terms of Use, do not use, participate in or access the Pick-Up Order Program.
By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to the Pick-Up Order Program (鈥渙pt-in鈥�), you:聽 (i) consent to receiving from Home Run Inn up to three text messages per order (which may include marketing text messages) at the mobile number you provided or from which you opted in, (ii) agree that text messages from Home Run Inn may be sent using an automatic telephone dialing system, (iii) understand that you are not required to agree to participate in the Pick-Up Order Program (directly or indirectly) as a condition of purchasing any property, goods or services, (iv) confirm that you are at least 18 years old (or if you are under 18 you are using the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use), are the current subscriber to the relevant mobile phone number or that you are authorized to opt in, and that you will update our records immediately if you change or cancel the mobile phone number you provided to us through your Home Run Inn Rewards account or by contacting our customer service group at聽www.HomeRunInn.com聽and (v) consent to the use of an electronic record to document your opt-in.
To withdraw your consent, you must opt out from the Pick-Up Order Program.聽 Reply STOP to any message to opt out of receiving text messages from the Pick-Up Order Program.聽 This will apply to text messages for all future pick-up orders regardless of any text message choice you indicate for a particular order.聽 Your opt-preference is tied to your mobile phone number, not to any Home Run Inn Rewards account or you individually.聽 Accordingly, if you share a phone number with someone else, the most recent opt preference for that mobile phone number will apply.聽 For additional help, text HELP in response to a text message or contact us at聽www.HomeRunInn.com.
Home Run Inn鈥檚聽Privacy Policy聽describes how we collect, use, and share information.聽 Home Run Inn may terminate the Pick-Up Order Program or your participation in the Pick-Up Order Program at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received for the Pick-Up Order Program. These Terms of Use still will apply if your use of the Pick-Up Order Program is terminated or if you opt out of the Pick-Up Order Program.
Message and data rates may apply. Home Run Inn does not charge you to use, participate in or access the Pick-Up Order Program.聽 To use, participate in or access the Pick-Up Order Program, you must have a text messaging enabled mobile device with a current text messaging plan. Please contact your mobile service provider for information about your text messaging plan. All related charges and fees are billed by and payable to your mobile service provider. Your mobile service provider may impose message or charge limitations on your account.聽 Note that the numbers/shortcodes we use for the Pick-Up Order Program may not be supported by all carriers.聽 You agree that any text messages you receive from Home Run Inn are distributed via third-party mobile network providers. As a result, Home Run Inn cannot control certain factors relating to message delivery. You further acknowledge that neither Home Run Inn, its service providers, carriers or your wireless service provider is liable for delayed or undelivered text messages.
Dispute Resolution Related To Home Run Inn Text Messaging Programs
Mandatory Arbitration.聽Except where prohibited by applicable law, in the event of any controversy or dispute (鈥渃laims鈥� for purposes of this section) arising out of or relating to your use, participation in or access of any Home Run Inn text messaging program(s) (including without limitation related to these Terms of Use and/or the聽Privacy Policy), Home Run Inn and you shall negotiate in good faith to achieve a mutually satisfactory resolution. If any such claim is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between Home Run Inn and you, any other effort to resolve the dispute will be conducted exclusively by binding arbitration in accordance with the procedures set forth below.聽聽YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY.聽Instead, all disputes will be resolved before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator鈥檚 award.
Arbitration Procedure.聽To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide Home Run Inn with written notice of the event or facts giving rise to the claim within one (1) year of its occurrence.聽 Except where prohibited by applicable law, any such binding arbitration shall be administered by the American Arbitration Association (鈥淎AA鈥�) in accordance with its Commercial Arbitration Rules, shall be conducted in English, and shall be held in the State of Illinois, United States.聽 One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that Home Run Inn may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, United States, necessary to protect its rights or property pending the completion of arbitration.
Fees and Costs.聽Each party to any binding arbitration under these Terms of Use shall bear its own costs, fees, and expenses of arbitration.
Award.聽The arbitrator鈥檚 decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from, or otherwise modify the provisions of these Terms of Use. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket expenses and statutory damages incurred, but in no event attorneys鈥� fees. Under no circumstances will you 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 statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.
Limitation of Other Proceeding And Class Action Waiver.聽No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.聽 Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to these Terms of Use; provided, however, that in the event a claim cannot, by applicable law, be subject to binding arbitration the parties hereto irrevocably submit to the jurisdiction of the state and/or federal courts in the State of Illinois, City of Chicago, County of Cook, United States, except where prohibited by applicable law.聽 Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys鈥� fees, costs, and expenses incurred by such other party prior to the entry of such order.聽BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST HOME RUN INN REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST HOME RUN INN, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.聽EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HOME RUN INN WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
Third Party Content, Products, and Services (including Advertising and Promotions)
Home Run Inn may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including Home Run Inn branded content and/or web pages (collectively, 鈥淭hird Party Content鈥�). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any Home Run Inn Service does not imply Home Run Inn鈥檚 endorsement, affiliation or adoption of the Third Party Content or service, and Home Run Inn makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third party services (for example, if you use Google voice assist services, you agree to comply with its聽. You acknowledge and agree that Home Run Inn is not responsible or liable in any manner for Third Party Content or services.
Home Run Inn Gallery
The purpose of the Home Run Inn Gallery program is to allow you to talk about Home Run Inn-identified topics through your use of Home Run Inn-identified hashtag(s) on various social media platforms. Internet access and usage charges imposed by your online service, and/or data usage or other like fees charged by your mobile carrier, may apply. We may look for use of hashtags identified by us from time to time, and alternate versions of the same (鈥淗ashtag(s)鈥�) on various social media platforms, including without limitation Facebook, Twitter and Instagram (鈥淪ocial Media鈥�). When you use a Hashtag in your posts/tweets on Social Media (鈥淵our Content鈥�), Home Run Inn may include Your Content on one of our Services and/or on our Home Run Inn-branded social media sites. By posting content which includes a Hashtag you agree that Home Run Inn has your permission to access Your Content as well as your account username for posting for public viewing on the Services and/or on our Home Run Inn-branded social media sites. You are responsible for maintaining the security or confidentiality of your own username(s), password(s) and other information applicable to your Social Media. In order to be considered for inclusion on the Services and/or on our Home Run Inn-branded social media sites, Your Content must be limited to your own thoughts about Home Run Inn-identified topics and must not include (1) comparisons of Home Run Inn menu items with other parties鈥� food or menu items; (2) claims about the qualities (nutrition or otherwise) of Home Run Inn menu items; (3) illegal, offensive or otherwise inappropriate comments; (4) photos of other people unless you have their permission to include them in Your Content; or (5) photos of third party proprietary imagery unless you have their permission to use the third party imagery in Your Content. Any decision by Home Run Inn of whether or not to search Social Media and/or utilize Your Content is at Home Run Inn鈥檚 sole discretion. This Program is not sponsored or endorsed by Facebook, Twitter or Instagram.
Location-Based Services
If you enable location-based services on your computer or other device in connection with your use of the Services, you expressly consent to Home Run Inn and/or its Suppliers collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our聽Privacy Policy, including to identify your local restaurant, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see our聽Privacy Policy聽for further information and for details on how to opt-out of location collection.
Feedback and Submissions
Submission of any remarks, suggestions, material, information, ideas or other communications (each a 鈥渟ubmission鈥�) to the Services, including those provided in connection with a Program or on a public-facing forum made available through the Services, will be maintained by Home Run Inn, and at Home Run Inn鈥檚 discretion shall be deemed to transfer to Home Run Inn all present and future ownership and intellectual property rights in such submission. All submissions by you are voluntary. Home Run Inn has no obligation to treat a submission as confidential or to compensate you in any manner for the submission. You agree that Home Run Inn has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a submission. If any court determines that Home Run Inn does not retain exclusive ownership of any submission, then Home Run Inn retains a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. Please also review our聽Privacy Policy聽and applicable Program terms regarding use of your feedback and submissions.
Our Intellectual Property
HOME RUN INN is a registered trademark of HOME RUN INN, INC. All other HOME RUN INN trademarks, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the Services are the property of HOME RUN INN or its affiliates or its licensors. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademarks, service marks, logos, domain names, company names, or indicia of origin of HOME RUN INN or any third party without permission from the owner of the applicable trademarks, service marks, logos, domain names, company names, or indicia of origin. Your use of the Services does not create, and nothing contained in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of HOME RUN INN. Non-HOME RUN INN-owned content may not be used without permission.
Unless otherwise indicated, the Services and all content therein including without limitation articles, text, photographs, images, illustrations, graphics, designs, information, video and audio material, and software, including the selection and arrangement thereof, are HOME RUN INN鈥檚 or its licensor鈥檚 proprietary property and are protected by copyright laws. You are granted a limited, non-sublicensable license to access and use the Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third-party functionality made available through the Services that allow you to post content from the Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Services of any materials therein, reverse engineering of any Service for any purpose, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.
Material from the Services may not be copied, distributed, republished, downloaded, uploaded or transmitted in any way without the prior written consent of HOME RUN INN EXCEPT that you may download one copy of the material onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Unless otherwise set forth in a written agreement between you and HOME RUN INN, you are granted a limited, non-exclusive right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray HOME RUN INN in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain obscene, pornographic, sexually explicit, illegal or otherwise objectionable material or damage or dilute the goodwill associated with trademarks, service marks, logos, domain names, company names, or indicia of origin of HOME RUN INN or any third party. In addition, the link must 鈥減oint鈥� to the URL聽www.homeruninnpizza.com聽 聽and not to other page(s) within the Services and the appearance, position and other attributes of the link may not create the false appearance that you, your organization or entity is sponsored by, affiliated with, or associated with HOME RUN INN. HOME RUN INN reserves the right to revoke this limited right at any time in its sole discretion.
Digital Millennium Copyright Act (鈥淒MCA鈥�) Notice
If you believe that any material available on or via the Services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Home Run Inn, Inc.
Attn: Matthew P. Connelly}
ROCK FUSCO & CONNELLY, LLC
321 N. Clark Street, Suite 2200
Chicago, IL 60654
Email: mpc@rfclaw.com
Please refer to 17 U.S.C. 搂 512(c)(3) for the requirements of a proper notification. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter-notification with our Designated Agent identified above. Please refer to 17 U.S.C. 搂 512(g)(3). If HOME RUN INN receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. HOME RUN INN may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the Services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE REWARDS, SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU 鈥淎S IS,鈥� WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE REWARDS OR SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME RUN INN, ITS SUPPLIERS AND FRANCHISEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO THE REWARDS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HOME RUN INN鈥橲 RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL HOME RUN INN鈥橲 AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE REWARDS OR SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.