K12Rewards

Terms of Use

Last Updated November 08, 2012

Lealta Media, Inc. ("Lealta", "we," "our," or "us"), owns and operates the K12Rewards program ("K12Rewards" or the "Program"). These Terms of Service, along with the K12Rewards Privacy Policy (the "Privacy Policy"), govern your use of this website, www.k12rewards.com (the "K12Rewards Website"), whether or not you elect to join K12Rewards. If you elect to join K12Rewards, these Terms of Use also govern your participation in the Program. These Terms of Use and the Privacy Policy together comprise your agreement with us and you expressly agree to these Terms of Use and the Privacy Policy as a condition of your use of the K12Rewards Website and your enrollment in K12Rewards.

We use the words "you" and "your" throughout these Terms of Service to refer to you as both a non-member user of the K12Rewards Website and, where the context requires, a member of K12Rewards. If you elect to join K12Rewards, we also refer to you in these Terms of Use as "member."

Membership

Only individuals fourteen (14) years or older and residing in the United States (the "U.S.") may enroll in K12Rewards and become a member. The Program is not directed to or intended to be used by children under the age of fourteen(14) years. If you are under fourteen (14) years old, do not use or access the K12Rewards Website or join K12Rewards. Please note that in order to make purchases through the K12Rewards Website, you must be at least eighteen (18) years of age. We may block access to shopping to persons under the age of eighteen (18).K12Rewards membership is limited to one account per individual. We do not charge a membership fee to participate in K12Rewards.

Electronic Signature

By enrolling as a member of K12Rewards, you (i) consent to the electronic communication and delivery of all documents related to K12Rewards, (ii) agree that your act of clicking "I agree" to these Terms of Use is a binding form of your electronic signature, which binds you to the these Terms of Use and the Privacy Policy, (iii) represent that you have internet access and a valid email address enabling you to access the K12Rewards Website and to receive communications and documents from us electronically, and (iv) represent that you have a printer or other device to print or save communications and documents from us, including, without limitation, these Terms of Use and the Privacy Policy, and that you have printed or otherwise saved a copy of these documents for your records.

This consent is effective at all times that you remain a K12Rewards member. However, you may withdraw your consent to promotional emails in accordance with our Privacy Policy. You may also request a paper copy of these Terms of Use and the Privacy Policy at any time by contacting us in the manner described at the end of these Terms of Use (under "Contact Us").

K12Rewards Website

Proprietary Rights to Content and Other Intellectual Property

You acknowledge that the K12Rewards Website and emails contain proprietary content owned by us or our licensors and service providers (including, but not limited to, text, sound, photographs, graphics, or other material contained in any K12Rewards communication, advertisement, or message, whether from us or any of our advertisers or merchant partners). The Program service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, you are only permitted to use content, services or software as expressly authorized by us or our advertisers and merchant partners, as the case may be.

You further acknowledge that the K12Rewards Website contains certain trademarks and service marks of Lealta, including without limitation K12Rewards and SchoolBucks. You have no right or ability to use such trademarks or service marks unless expressly permitted by us in writing. In addition, you agree the distinctive and original layout and presentation of the K12Rewards Website and any emails delivered by us constitutes protectable trade dress under applicable law.

Any violation of our intellectual property or other proprietary rights may be pursued to the fullest extent allowed by law.

Uploaded Content

From time to time, Lealta may facilitate participation in one or more websites (Branded Website) specific to a portion of the Program (whether or not hosted by Lealta or an online video website) that is maintained for the purpose of storing and publishing uploaded content and marketing K12Rewards to potential Members in connection with a school or other person participating in a portion of the Program (Co-Branding Partner) or offering new Members opportunities to earn SchoolBucks or make donations to Co-Branding Partner. If you upload Content to a Branded Website, you agree that all Content must be of appropriate subject matter.Content that bullies, harasses, abuses or threatens is not permitted.Content may not be defamatory, obscene or otherwise objectionable.Content may not depict, facilitate or encourage violence or any illegal activities.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Branded Website in a manner that sends more request messages to the K12Rewards servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lealta grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lealta reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the K12Rewards Website or any Branded Website, nor to use the communication systems provided by the Branded Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Branded Website with respect to their Content.
You shall be solely responsible for the Content you submit and publish, and the consequences of submitting and publishing, your Content on the Branded Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish all Content you submit; and you license to Lealta all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the K12Rewards Website pursuant to these Terms of Use.
For clarity, you retain all of your ownership rights in Content you submit to the Branded Website. However, by submitting Content to a Branded Website, you hereby grant Lealta a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Program, the Branded Website and Lealta's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the K12Rewards Website and the Branded Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Branded Website a non-exclusive license to access your Content through the Branded Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Branded Website and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.
You further agree that Content you submit to the Branded Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Lealta all of the license rights granted herein.
You further understand and agree that the Co-Branding Partner may review and moderate Content you submit, and Content may be deleted at any time by the Co-Branding Partner if it does not comply with the Co-Branding Partner's guidelines, standards and requirements, in the Co-Branding Partner's sole discretion, or if it is determined that Content infringes on any third party rights, or is contrary to applicable local, national, and international laws and regulations, in the Co-Branding Partner's sole discretion.
Lealta does not endorse any Content submitted to any Branded Website by any Member or Co-Branding Partner, or any opinion, recommendation, or advice expressed therein, and Lealta expressly disclaims any and all liability in connection with Content posted by Members and Co-Branding Partners on any Branded Website.

Although Lealta is not obligated to monitor Content, you acknowledge and agree that Lealta, in its sole discretion, has the right to monitor, without notice, any such Content.Lealta also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any Content, without notice, for any reason, and to revoke any user access to any Branded Website, for any reason.
Lealta does not permit copyright infringing activities and infringement of intellectual property rights on the K12Rewards Website or Branded Websites, and Lealta will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Lealta reserves the right to remove Content without prior notice.

Use of the K12Rewards Website

You may download and/or print one (1) copy of the K12Rewards Website's content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of the K12Rewards Website without our prior written consent.

Modifications

We reserve the right to change these Terms of Use and the Privacy Policy, and/or any part thereof, at any time. You understand the most recent versions of these Terms of Use and the Privacy Policy will be located on the K12Rewards Website. We will provide conspicuous notice - either via email or the K12Rewards Website - of any material modifications.

Your non-termination or continued use of and participation in the Program or your continued use of the K12Rewards Website constitutes an affirmative acknowledgment by you of any modification to these Terms of Use and the Privacy Policy and your consent to abide and be bound by any terms as modified. At any time, if you do not agree with these Terms of Use and the Privacy Policy, you may terminate your membership as outlined below (under "Termination of Member Account") and/or discontinue your use of the K12Rewards Website.

K12Rewards Website Information

Information displayed on the K12Rewards Website is subject to modification without notice. We reserve the right to modify such information without any obligation to notify past, current or prospective K12Rewards Website users or members. Information regarding our services is applicable only in the U.S. Some services, including some Program features, may not be available in certain areas. We make no representations that the materials on the K12Rewards Website are appropriate or available for use in all states or in countries other than the U.S. Those who do access the K12Rewards Website from other countries are solely responsible for compliance with the laws of such country.

All offers set forth on the K12Rewards Website or in any email delivered by us are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

K12Rewards Program Rules

As a registered member, in addition to your other obligations set forth in the other parts of these Terms of Use, you are required to comply with the following Program rules (the "Program Rules").

Certain Member Representations

You agree to comply with the terms of all K12Rewards offers, promotions, services and programs delivered or communicated by or through us at all times.

You agree to provide only accurate and true information to us at all times. As a member, you are solely responsible for all activity that takes place using your user name and password.

You agree not to engage in any activities intended to defraud us or any third party using the K12Rewards Website or the Program. Although the general public may access certain parts of the K12Rewards Website, password-protected portions of the website and the Program in general are for the personal use of members only.

You agree not to abuse K12Rewards privileges by conduct which is detrimental to the interests of K12Rewards, including without limitation attempting to accrue rewards in a manner inconsistent with the rules of K12Rewards or intent of this Agreement, having multiple accounts, attempting to earn rewards through other than legitimate channels, participating in purchasing or redemption fraud.

You agree not to engage in any unlawful activity using the K12Rewards Website or the Program or engage in any fraudulent purchase and refund activities (including, without limitation, activities for the sole purpose of obtaining awards of SchoolBucks).

You agree not to create multiple accounts for the sole purpose of obtaining referral awards or additional SchoolBucks.

If you upload content, whether comments, video, digital photos, or other content (collectively,Content), to a Branded Website, you agree to comply with the requirements for uploaded content in these Terms of Use.

You agree not to forward any Program offers or promotions to third parties without first obtaining our express written permission. Program offers are intended only for the use of members unless stated otherwise.

Earning SchoolBucks

SchoolBucks are the points awarded to a member for participating in the Program. Members in good standing are eligible to be awarded SchoolBucks in accordance with these Program Rules.

SchoolBucks may be accrued by purchasing goods or services through the K12Rewards Website or K12Rewards emails or by participating in surveys and other opportunities as may be offered by or through us from time to time. We may, at any time, in our sole discretion, establish, remove or exclude any means of accruing SchoolBucks. We reserve the right to make certain awards of SchoolBucks selectively available to certain members based on geographic location, program participation, or other factors determined in our sole discretion.

SchoolBucks will only be awarded for completed transactions. For example, if your credit card is declined for a purchase through the K12Rewards Website, if you return or receive a refund for the goods purchased, or if you do not complete an eligible survey, the transaction will not be deemed completed and no SchoolBucks will be posted to your member account as a result of such transaction.

We are not responsible for processing your payment for any purchases through the K12Rewards Website. We are not liable if your banking or other financial institution declines your credit or debit card for any reason.

SchoolBucks will generally be credited to your member account within ninety (90) days of a qualifying purchase or other earning activity. However, we cannot guarantee this.

It is your responsibility to keep a record of your purchases or other earning activity and to verify that any SchoolBucks related to such purchase or earning activity have been appropriately credited to your account. If SchoolBucks earned by you have not been credited to your account within ninety (90) days of a qualifying purchase or other earning activity, you must notify us in the manner described below (under "Contact Us" at the end of these Terms of Use). SchoolBucks that have not been credited to your account within one hundred and thirty five (135) days of a qualifying purchase or other earning activity may be cancelled.

If SchoolBucks are awarded and posted to your member account as a result of a purchase, and you return the purchase or there is otherwise a chargeback or similar rejection for that transaction, the SchoolBucks previously credited to you for that transaction will be reversed from your member account.

K12Rewards Lealta reserves the right the right to adjust your reward balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your K12Rewards account.
Lealta reserves the right to adjust your reward balance to correct any errors in posting rewards to your K12Rewards account. Any determination by K12Rewards that an adjustment is required will be presumed correct unless you provide documentation demonstrating to the satisfaction of K12Rewards that the adjustment was made in error.

Lealta reserves the right to increase pending reward periods when necessary to perform further investigation of suspicious activity.
We and our Program advertisers and merchants reserve the right to change, at any time and without notice, the number of SchoolBucks that may be earned in connection with any qualifying purchase or other activity. However, any change in the number of SchoolBucks that may be earned in connection with any qualifying purchase or other activity will not affect SchoolBucks already awarded and posted to your member account in accordance with the Program Rules.

In addition, the types of rewards available for the redemption of accumulated SchoolBucks, and the number of SchoolBucks necessary to redeem for such rewards, may be changed by us at any time without notice.

Once SchoolBucks are redeemed in accordance with the terms set forth below (under "Redemption of SchoolBucks"), they will be subtracted from your member account and will not be reinstated. We are not responsible for lost or stolen redemptions once issued.

SchoolBucks have no stated or implied value until such time as such SchoolBucks have been redeemed.

SchoolBucks may not be transferred, assigned, sold, traded or bartered other than with our express written consent.

Advertisers and Merchant Partners

Program advertisers and merchants are third party businesses that make offers available to our members to allow members to accrue SchoolBucks. We sometimes refer to these advertisers and merchant partners collectively as our "Merchants" and individually as a "Merchant."

Your correspondence with or participation in Merchant promotions is solely between you and the respective Merchant. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion made by a Merchant.

SchoolBucks earned as a result of purchases made from our Merchants may be posted to your member account before we receive any payment due to us from such Merchant for such transaction. We will make every commercially reasonable effort to ensure payment is made to us by the relevant Merchant. In the unlikely event that a Merchant does not make its required payment to us, we will reverse the SchoolBucks in your member account previously awarded to you for such transaction. In such an event, we will notify you and the Merchant as to the cause of the reversal and we will have no responsibility or liability for the reversal. If the required payment is later received from the Merchant, the SchoolBucks will be reposted to your member account.

In some cases, there may be a delay in posting SchoolBucks to your member account due to a Merchant's failure or delay in providing us with the necessary transaction information. In such event, we will not be responsible or liable for any delay or failure to post SchoolBucks to your member account.

By participating in the Program, you understand and acknowledge that your name, address and other personal information may be shared with some or all Merchants and that you may receive promotional materials from us and our Merchants in accordance with our Privacy Policy. You may, however, opt out of receiving all promotional email and newsletters by advising us in writing of your desire to be excluded from such communications, as set forth in the Privacy Policy.

We are not responsible and assume no liability for any changes or discontinuances of products or services from Merchants that may affect offers or the accrual of SchoolBucks.

Redemption of SchoolBucks

The minimum balance of SchoolBucks necessary for a redemption at any time is fifty (50) SchoolBucks (the "Minimum Redemption Balance"). In addition in order to redeem at least 80% of your rewards must have been earned through a purchase of goods or services from one of our merchant partners (the "Initial Transactional Requirement"). If you fail to satisfy the Minimum Redemption Balance at any time you will not be able to redeem SchoolBucks.

A balance of fifty (50) SchoolBucks may be redeemed for twenty-five U.S. dollars ($25) to be deposited in a bank checking or savings account that you provide. In order to redeem an account balance for cash, you must complete our form indicating the bank account to which the money should be routed. Our use and collection of this information is governed by our Privacy Policy.

You are solely liable for ensuring the information on your redemption request is accurate and complete. We have no responsibility if we are unable to fulfill your redemption request as a result of inaccurate or incomplete information provided by you.

You understand that redemptions of SchoolBucks for cash may or may not be taxable to you as income, and you acknowledge that Lealta can in no way assure you that redemptions of SchoolBucks will or will not be taxable.

Donations

The Program allows you to make, electronically, direct cash donations to certain participating schools and charitable programs (referred to as "direct donations") and also to redeem no less than 50 SchoolBucks for cash and to direct that the proceeds of such redemption be donated to a participating school or charitable program (referred to as "directed redemptions"). You understand that direct donations and directed redemptions may or may not be tax deductible to you, and you acknowledge that Lealta can in no way assure you that direct donations or directed redemptions are tax deductible. You are urged to confer with your own tax advisor to determine whether or not such donations are deductible for federal or state income tax purposes or any other purpose. You may not, under any circumstances, rely on Lealta for tax advice and we offer none. You may also receive a printable receipt from us for your records with every direct donation or directed redemption. However, please keep in mind, and you hereby acknowledge and agree, that this is for informational purposes and may not constitute adequate evidence of a donation for tax purposes. If you need additional documentation, you understand that you should contact the recipient school or charitable program directly.

Audit of Accounts

We reserve the right to audit your member account at any time, without notice, to determine compliance with these Terms of Use and the Privacy Policy. In the event an audit reveals a discrepancy or possible violation of these Terms of Service, we may, in our sole discretion, adjust the balance of SchoolBucks in your member account based on the results of such audit, terminate your account or take any such other action as we may feel is reasonably necessary under the circumstances.

Digital Millennium Copyright Act

You understand and agree that Lealta is merely a publisher of any Content, and is acting solely as a "service provider" as such term is defined in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BrandRewards designated Copyright Agent to receive notifications of claimed infringement is [insert name, address, e-mail and fax]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to us at Contact Us. You acknowledge that if you fail to comply with all of the requirements of this Section of these Terms of Use, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, K12Rewards may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Member submitting the removed Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at K12Rewards sole discretion.

Transfer of Member Account

No more than once in any twelve (12) month period you may request that Lealta transfer your member account from one Branded Website program to another Branded Website program with the K12Rewards network. Such request will be considered on a case by case basis and granted in the discretion of Lealta.

Termination of Member Account

Should you object to any of the terms and conditions of these Terms of Use or the Privacy Policy or to any subsequent modifications of either, or become dissatisfied with us or the Program, your only recourse is to immediately discontinue participation in the Program and to terminate your membership.
You may terminate your member account at any time and for any reason by contacting us in the manner set forth below (under "Contact Us" at the end of these Terms of Use).

Termination of your member account shall be effective five (5) days after we receive your written termination request. Members may not earn SchoolBucks after termination and any balance of unredeemed SchoolBucks is subject to immediate cancellation. A member's account immediately terminates upon death.

Certain Rights of Lealta

In addition to our other rights under these Terms of Use, we reserve the right to terminate or suspend the account of any member who appears to be using K12Rewards or the K12Rewards Website in a manner inconsistent with the terms or intent of these Terms of Use or the Privacy Policy or otherwise as we deem necessary in our sole discretion. In such event, we may also cancel any of the member's unredeemed SchoolBucks.

We reserve the right to change, modify or discontinue the Program, with or without notice to our members. We will not be liable to any member or any third party in the event we change, modify or discontinue the Program.

We reserve the right to make certain functions and promotional activities selectively available to certain members based on geographic location, program participation, or other factors determined in our sole discretion.

We reserve the right to terminate any account that is inactive for a period of twelve (12) consecutive months or more. An inactive account is one where there has not been either a K12Rewards Website transaction, response to an email offer, survey completion, profile update or purchase from one of our Merchants in the preceding twelve (12) months. Any balance of unredeemed SchoolBucks in an account that we terminate for inactivity is subject to immediate cancellation.

Indemnification

You expressly agree that participation in K12Rewards and use of the K12Rewards Website is at your sole risk. We make commercially reasonable efforts to ensure that all material, information, and data on the K12Rewards Website are accurate and reliable; however, accuracy cannot be guaranteed.

The K12Rewards Website, Program and all other services offered on the K12Rewards Website or otherwise through the Program are provided on a strictly 'AS IS' and 'AS AVAILABLE' basis. LEALTA MAKES NO WARRANTY WITH REGARD TO ANY SCHOOLBUCKS, PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH THE PROGRAM OR THROUGH MERCHANTS; THAT THE PROGRAM OR THE K12REWARDS WEBSITE WILL MEET MEMBERS' REQUIREMENTS; OR THAT PROGRAM OR THE K12REWARDS WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. IN ADDITION, LEALTA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE K12REWARDS WEBSITE, PROGRAM OR LEALTA.

LEALTA expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising from a course of dealing or usage in trade. LEALTA shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by MERCHANTS, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from LEALTA or through THE PROGRAM OR THE K12REWARDS WEBSITE will create any warranty not expressly made in these TERMS OF USE.

Limitation of Liability

LEALTA SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR USE OF THE K12REWARDS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DAMAGE ARISING FROM THE K12REWARDS WEBSITE OR PROGRAM IS TO CEASE USE OF THE K12REWARDS WEBSITE AND TERMINATE YOUR MEMBERSHIP, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Lealta is not responsible for damages or losses that result from your participation or inability to participate in the Program, or reliance on or use of information, services, or merchandise provided on or through the K12Rewards Website.

You acknowledge and agree that Lealta neither endorses the Merchants, the contents of advertisements, Merchant offers or third parties' websites, nor assumes responsibility or liability for the accuracy of material contained in such offer or on such websites, or any infringement of third party intellectual property rights arising from such offers or websites, or any fraud or other crime facilitated by such offers or websites.

In no event shall Lealta's liability to you, either jointly or severally, exceed $100 even if such remedy should fail of its essential purpose.

Laws

Any dispute or claim arising out of or in relation to these Terms of Use and the Privacy Policy or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, under the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") by three arbitrators appointed in accordance with the Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

This contract shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

Any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

Any claim against Lealta arising from the Program or the K12Rewards Website must be brought within one (1) year of the accrual of such claim.

Third Party Websites

The K12Rewards Website may link to, or be linked to, other websites not maintained by or related to Lealta. Such links are provided only as a service to our visitors and members. Lealta is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked or linking website, unless specifically stated. Lealta has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. If you elect to following a link or links to any other pages or websites you do so at your own risk.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the complete and exclusive understanding between Lealta and you relating to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

Severability

If any provision(s) of these Terms of Use or the Privacy Policy is/are held to be unenforceable or otherwise contrary to law, then such provision(s) shall be modified to the minimum extent necessary to reflect the intentions of the parties with the other provisions remaining in full force and effect. If such modification should prove to be impractical or impossible, then the provision will be stricken from these Terms of Use and the Privacy Policy, as applicable, and the remainder of the provisions enforced to the fullest extent permissible.

Non-Waiver

Lealta's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lealta in writing.

Notices

All notices given by Lealta hereunder will be given by email or by general posting on the K12Rewards Website.

Contact Us

You may contact us at any time by writing to us at

K12Rewards Member Services
930 Hamlin Court
Sunnyvale, CA 94089

or by emailing us at: service@k12rewards.com

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