Version: February 5, 2026
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND YARDI SYSTEMS, INC. (“YARDI”). THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO RENTCAFE PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND YARDI THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.
These Terms of Service (these “Terms” or the “Agreement”) apply to persons or entities who access and utilize the Rewards by RentCafe program, the Rewards websites, the RentCafe websites, or related downloadable mobile applications or Yardi payment services (collectively, the “Site”), including without limitation renters and potential renters (collectively, with all persons or entities who access the Site, “Users”, “you” or “your”). For the avoidance of doubt, the “Site” shall include all information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on the website.
RentCafe is a technology platform that facilitates the development and delivery of innovative renter-related services, including: (1) a consumer facing software platform that includes portals for prospective tenants to submit an application for a rental property, which is referred to as the online leasing portal; and (2) a resident portal that manages and facilitates various activities and transactions between tenants and property managers or owners related to rental properties such as paying rent or renewing a lease (“RentCafe Portals”). Rewards by RentCafe is a platform that facilitates the program and delivery of rewards points (the “Services”). The Services are open to any legal residents of the 50 United States, the District of Columbia, and Puerto Rico, who are 18 years of age or older (except residents of Alabama and Nebraska who must be 19 years of age or older) at the time of participation. Rewards points are earned by: purchasing a service offered by Yardi if available to you, such as renters’ insurance, utilities, or other renters services (collectively, the “Points”), as detailed below.
Renters’ Insurance. To earn points for renters’ insurance, renters will be required to purchase a personal property policy from ResidentShield (https://www.residentshield.com/) (“Renters’ Insurance”). Residents who purchase a policy from another provider will not be able to earn points for Renters’ Insurance. Points will initially be awarded 30 days after the initial Renters’ Insurance purchase if the policy is still in effect. Points will be awarded once a month thereafter as long as the Renters’ Insurance is still active. If the Renters’ Insurance lapses, points will not be awarded during the lapse. Residents can only earn points when their Renters’ Insurance policy premium is paid on time. If you are a current ResidentShield policy holder for your personal property, you will be eligible to earn points for that policy 30 days’ after joining the Rewards by RentCafe program, if the policy is still in effect. If you have not purchased Renters’ Insurance from ResidentShield, you will not earn points.
Xfinity. Residents are eligible to earn points by purchasing Xfinity Services, upgrading, or transferring an existing Xfinity Service. Xfinity Services include Xfinity Internet, Xfinity Mobile, and Xfinity Entertainment (streaming service) (collectively, “Xfinity Services”). To earn points for purchasing, upgrading, or transferring Xfinity Services, renters must complete their purchase, upgrade, or transfer through an advertisement embedded in their RentCafe Portal. Only purchases that originate with a click on such RentCafe Portal advertisements will qualify for Points. In addition, Xfinity Services must remain active for 90 consecutive days. Following the 90 consecutive days of Xfinity Services, Points will typically be added to your Points balance within 15-20 business days.
Electricity. In locations where electricity service is offered through ResidentShield Power, residents will be able to sign-up for electricity service through an option presented within their RentCafe Portal. When a resident signs up for electricity service with Residentshield Power, they will be eligible to earn Points for electricity service. Residents will only earn Points on monthly payments (excluding tax amounts) when the payment is submitted in full and on time. If you are already a ResidentShield Power customer, you will be eligible to earn Points on your first billing cycle after you join the Rewards by RentCafe program.
Security Deposit Alternative (SDA). For participating properties only, a resident may be presented with the option to purchase an SDA through their RentCafe Portal. Residents who complete an SDA purchase through the RentCafe Portal will earn Points after completing the SDA transaction and payment is received in full. Payments may be submitted monthly or annually, and Points will be awarded according to such payment schedules. Points shall be added to your Point balance within 5-10 business days following the transaction.
Points are redeemable on travel, experiences, gift cards, merchandise, live events and more (“Offers,” collectively “Program Offers”) through a collaboration with Augeo Affinity Marketing, Inc. (“Augeo”). Points may only be redeemed for a period of 2 years from the date such Points are earned, or such Points shall expire. If there is no activity on your Points profile for a period of 2 years, the Points in your profile shall expire. Points are not transferable or assignable and may not be sold to any other party.
Rent Reporting. For participating properties only, a resident may choose to enroll in rent reporting through Identity Intelligence Group, LLC® dba IDIQ. By enrolling in rent reporting, you agree to report your consumer account information to any credit reporting agency. For additional details, please review IDIQ’s: (1) Terms of Service (https://www.identityiq.com/terms-of-service); and (2) Privacy Policy (https://www.identityiq.com/privacy-policy).
1. YOUR ACCEPTANCE. Yardi is pleased to provide the Site and the Services conditioned upon your acceptance, and we hope that you will find the Site useful. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. YARDI MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.
2. MODIFICATIONS. Yardi may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Yardi has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that Yardi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Notwithstanding the foregoing, if Yardi terminates the Services, you must use any Points within one hundred eighty (180) days of termination or such Points shall be forfeited. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
3. PRIVACY POLICY AND YOUR INFORMATION AND MATERIAL. By submitting Information and Materials and in order for Yardi to provide you with the Services, you hereby consent to Yardi’s use and sharing of your Information and Materials as described in the applicable RentCafe Privacy Policy, which is incorporated into these Terms by this reference. The RentCafe Privacy Policy can be accessed here: https://resources.yardi.com/legal/rentcafe-privacy-policy/, or by clicking on the “Privacy Policy” link located on webpages throughout the Site. In the event of a conflict between the applicable Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Materials where created, displayed or accessed.
4. YARDI’S RIGHTS. You acknowledge that Yardi has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. Yardi may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi has no obligation to monitor your access to or use of the Site or the Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
5. YOUR ACCOUNT. In order to use certain features of the Site or the Services, you will have to utilize your existing account on the RentCafe platform (or if you do not have an existing account on the RentCafe platform, you will have to create a password-protected account) (“Your Account”) and/or submit messages, texts, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Materials”). You agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Yardi reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Yardi has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify Yardi of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Your Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the account of any other user. YARDI CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. You may cancel Your Account at any time at which time all Points earned to the date of cancellation shall be deemed forfeited.
6. THIRD-PARTY LINKS, PRODUCTS AND SERVICES.
6.1 Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Yardi of the third parties, anyone sponsoring these sites or their products or services, or the products or services or Program Offers themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness, fitness for a particular purpose, non-infringement, course of dealing or course of performance. Because Yardi has no control over third-party websites, resources, products or services, you acknowledge and agree that Yardi is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services (including but not limited to the Program Offers), your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Yardi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Yardi does not own or manage any of the Program Offers for which Points may be redeemed.
6.2 Augeo. The Site utilizes services provided by Augeo. By participating in the Rewards by RentCafe program, and without limiting any other provision in these Terms, you are agreeing to be bound by the applicable Augeo Terms and Conditions of Use attached in Schedule A.
6.3 Kigo. The Site utilizes services provided by Kigo. By participating in the Rewards by RentCafe program, and without limiting any other provision in these Terms, you are agreeing to be bound by the applicable Kigo Terms of Service attached in Schedule B.
6.4 Brands. The Site utilizes services provided by third-party program participant brands (“Brands”). By participating in the Rewards by RentCafe program, and without limiting any other provision in these Terms, you are agreeing to be bound by the applicable Brands’ terms incorporated below.
(A) Amazon.com: Restrictions apply, see amazon.com/gc-legal.
(B) Starbucks: The Starbucks word mark and the Starbucks Logo are trademarks of Starbucks Corporation. Starbucks is also the owner of the Copyrights in the Starbucks Logo and the Starbucks Card designs. All rights reserved. Starbucks is not a participating partner or sponsor in this offer.
(C) Best Buy: For full Best Buy gift card Terms & Condition, visit BestBuy.com/gcterms. BEST BUY, the BEST BUY logo, the tag design, MY BEST BUY, and BESTBUY.COM are trademarks of Best Buy and its affiliated companies.
(D) Delta: This card is issued by and represents an obligation solely of Delta Gift Cards, Inc.
(E) Target: Target and the Bullseye Design are registered trademarks of Target Brands, Inc. Terms and conditions are applied to gift cards. Target is not a participating partner in or sponsor of this offer.
(F) Home Depot: Yardi is not affiliated with The Home Depot. The Home Depot® is not a sponsor of this promotion. The Home Depot is a registered trademark of Home Depot Product Authority, LLC. All rights reserved.
(G) Buffalo Wild Wings: Buffalo Wild Wings is not a sponsor of this promotion and is not otherwise affiliated with this company. Gift card Terms and Conditions apply; see back of card for details. TM & © 2022 Buffalo Wild Wings, Inc.
(H) adidas: adidas Gift Cards may be redeemed for merchandise on adidas.com and in adidas Sport Performance, adidas Originals, and adidas Outlet stores in the United States. They are not currently available for International use. adidas Gift Cards are not redeemable at miteam.com, yeezysupply.com, TaylorMade, y-3, Reebok or Rockport. Gift Cards cannot be used to purchase another Gift Card. Promotional offers or discounts do not apply to the purchase of Gift Cards. Gift cards are not returnable, and cannot be redeemed for cash unless required by law. A maximum of five (5) Gift Cards may be redeemed on one order. If the amount of your Gift Card(s) does NOT cover the total order amount, the remainder of the purchase balance can be paid with an accepted alternate form of payment. Your Gift Card will not expire as long as there is value remaining on the Gift Card. You can use it anytime. Any remaining value that is left on your Gift Card will be stored and available for your next purchase. We ask that you safeguard your card and treat your Gift Card as you would cash. Do not share your Gift Card Code and PIN. We are not able to replace or replenish Gift Cards that are lost, stolen or used without authorization.
7. INDEMNITY. You agree to indemnify, defend and hold Yardi and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Yardi Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with your rewards account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; or (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Yardi Indemnified Parties. Yardi shall have the right, in its sole discretion, to select its own legal counsel to defend Yardi from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Yardi’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Yardi immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Yardi’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Yardi, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Yardi.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
8.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, PROGRAM OFFERS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, YARDI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
8.2 YARDI AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YARDI OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY.
9.1 YARDI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “YARDI ENTITIES”) WILL NOT BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/OR ANY RENTCAFE SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE YARDI PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
(C) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY YARDI OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY YARDI;
(D) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY YARDI THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
(E) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
9.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
10. TERMINATION. You agree that Yardi, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if Yardi believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Yardi may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Yardi may immediately bar any further access to the Site. Further, you agree that Yardi shall not be liable to you or any third party for any termination of your access to the Site or the Services.
11. GENERAL.
11.1 Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Yardi shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. You and Yardi hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Santa Barbara (California) or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Yardi irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
11.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Yardi, which may be granted or withheld by Yardi in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Yardi may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
11.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Yardi’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
11.4 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
11.5 Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Yardi regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
11.6 Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after such claim or cause of action arose or be forever barred.
SCHEDULE A – AUGEO TERMS AND CONDITIONS OF USE
The Rewards Marketplace program (the “Program”) is offered to enrollees (“you”) at the sole discretion of us, Augeo Affinity Marketing, Inc., and our affiliated and related entities and clients (“Program Manager”, “we” and/or “us”). Subject to these Terms and Conditions, the Program provides you access to Gift Cards and Merchandise, as well as Travel, Experiences and Live Events (“Offers”; collectively, “Program Offers.”). Wherever used throughout these terms and conditions, references to Program Manager shall apply to Augeo Affinity Marketing, Inc. and all of its affiliated and related entities, as well as their clients, subcontractors, vendors and suppliers.
Program Manager requires that all the visitors to our Website(s) (the “Site”) adhere to these Terms and Conditions. By accessing the Site you indicate your acknowledgment and acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
This Agreement may be amended at any time by posting the amended Terms and Conditions on the Site.
Email Consent
By participating in the Program, you agree to receipt of communications regarding the Program and/or fulfillment of certain offers, including, but not limited to, eGift cards, at the email address you have provided in connection with your membership.
1) Service Terms
a) Use of Site. You have a limited license to access and make purchases on this Site provided you do not modify, alter or download (other than page caching) any portion of it. The permission granted to you shall terminate automatically if you breach any of these Terms and Conditions. We reserve the right to modify or remove any materials or products listed on the Site at any time without notice.
b) Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store or transmit viruses, Trojan horses or any other malicious code or program or engage in any other activity deemed by us to be in conflict with the spirit or intent of these Terms and Conditions.
c) Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, electrical and other physical requirements for your use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and services required to access and use the Site.
2) Limitations
a) Security. You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
b) Privacy. Program Manager does not sell or rent your Personal Information (PI) to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your information being transferred or used in this way, please do not use this Site.
c) Cookies. When you visit this Site, Program Manager may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us maintain and improve this Site. A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. Please refer to your browser instructions to learn more about these functions.
d) Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond our control or which are not reasonably foreseeable.
3) Ownership of Intellectual Property
a) Trademarks. Trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by Program Manager or others. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Trademarks. Any unauthorized use terminates the permission or license granted.
b) Copyrighted Works. All content contained on this Site, including but not limited to images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases, are owned by others. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site.
4) Rewards Marketplace Offers: (Your program may include some or all of the following offers, as well as others not necessarily listed below)
a) Gift Cards/Egift Cards. All Gift Cards/eGift cards are subject to the terms and conditions set by the issuing merchant. Information regarding expiration policies or non-usage fees, if any, will be disclosed on the product description page for the Gift Card. No refunds or replacements will be provided for lost or stolen Gift Cards/eGift cards. Physical Gift Cards typically ship within 3-5 business days, although occasionally an item may take up to 30 business days to ship. Egift cards are typically delivered within 15 minutes of successful order completion, although occasionally some items may take up to 24 hours for electronic delivery.
b) Merchandise. You will be responsible for any applicable sales tax, as well as shipping and handling costs. These costs will be reflected during checkout. Most products are backed by a manufacturer warranty. This information is included with the item. Please complete the warranty information as instructed.
c) Experiences. Experience certificates should be delivered via email within 2-3 business days of order placement to the email address provided during checkout. Each experience certificate includes details specific to the experience you redeemed, including overview, available locations, restrictions, reference number, etc. Program Manager is not responsible for experience certificates or reference numbers that are lost or stolen, following delivery, that may result in impersonation and/or the fraudulent booking of an experience.
d) Live Events/Sports. Live Events may be available for tens of thousands of concerts, sporting events and live theater shows throughout the U.S. and Canada. All fees are included in the price of the tickets. Live Event Tickets cannot be cancelled or returned. There are 4 basic delivery types for live event tickets: Direct Transfer, Mobile QR Codes, Printable PDFs and Physical Tickets. Ticket delivery timeframes can vary depending on delivery types. Some venues make their tickets available to be retrieved as soon as the event is announced and goes on sale to the public. For these events, tickets are typically delivered on the date of redemption (for mobile transfer, mobile QR and printable PDFs) or sent by FedEx to users a day or 2 after redemption (for hard stock tickets). Some venues do not release the actual tickets for an event until a specified number of days before a show (typically 2 or 3 days). In these cases, mobile transfer invites or PDF tickets are sent to mobile devices as soon as they become available for delivery.
e) Travel. Travel reservations are subject to the Terms and Conditions outlined at checkout, including cancellation policies. Individual Hotel & Airline cancellation policies may apply. For any changes or cancellations, please refer to the Terms & Conditions attached to your booking. Terms, cancellation policies, and hotel/condo, resort, airline or other merchant participation are subject to change without notice. There are no refunds, exchanges, replacements or conversions for currency, credit or rewards for no-shows. In some cases, there may be changes in circumstances that are beyond the control of Program Manager, and/or its affiliates. Accordingly, Program Manager and/or its affiliates reserve the right to substitute the components and suppliers of the offer should circumstances so require.
5) Product Descriptions. We attempt to be as accurate as possible in providing product descriptions. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. Although we have made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, imprint areas and designs) as accurately as possible, it is possible that the displayed likeness of the products or services will depend upon the manufacturer’s or provider’s available graphic image as well as the quality of your monitor. We cannot guarantee that the Site or your monitor will accurately portray the actual likeness of the products. Products displayed on this Site may be out-of-stock or discontinued and products displayed on this Site are subject to change without notice.
6) Shipping. Physical Gift Cards and most merchandise typically ship within 5-10 business days, although occasionally an item may take up to 30 business days to ship. Items purchased at the same time may be shipped separately. Physical Gift Cards can be shipped anywhere within the 50 United States, as well as the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and American Samoa. Merchandise may only be shipped within the 48 contiguous United States. Shipping exceptions will be noted during checkout.
7) Return Policy. Both digital (eGift Cards) and physical Gift Cards are non-refundable, non-returnable and cannot be exchanged. If you receive damaged merchandise, you may return your item for replacement within 2 business days of original delivery date of the product.
8) Fraud, Misuse, Abuse or Suspicious Activity. If we see evidence of fraud, misuse, abuse or suspicious activity, as determined by us in our sole discretion, we reserve the right to take action against you. This may include, without limitation and without prior notice, any or all of the following:
· Termination or suspension of your access to the “Rewards by RentCafe” platform and/or specific Offers
· Cancellation of Gift Card and merchandise orders
· Taking legal action to recover monetary losses resulting from any of your activities involving fraud, misuse, abuse or suspicious activity
Some examples of fraud, misuse, abuse or suspicious activity include:
· Utilizing Offers other than for personal, family or household use
· Sale of Gift Cards and merchandise purchased through the Program
9) Disclaimer of Warranties. PROGRAM MANAGER AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROGRAM MANAGER AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROGRAM MANAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROGRAM MANAGER DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRAM MANAGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10) Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PROGRAM MANAGER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL PROGRAM MANAGER’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF A PRODUCT OR SERVICE OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION TO THE MANUFACTURER OR THE PROVIDER OF THE SERVICE.
11) Release and Indemnification
a) Release. In the event that you have a dispute with a purchase or the manufacturer of any products or provider of services offered on this Site, you agree to release Program Manager and its members, governors, directors, officers, employees and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
b) Indemnification. You agree to indemnify, hold harmless and defend Program Manager, its members, governors, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of this Site, including any data or work transmitted or received by you; and (c) any prohibited use of the Site as set forth in Section 1 (b).
12) Termination
These Terms and Conditions are effective upon your use of the Site. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate or amend these Terms and Conditions.
13) Miscellaneous
a) Amendment. We shall have the right, at any time and without notice, to add to or modify these Terms and Conditions. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
b) Waiver. No waiver of any term, provision or condition of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
c) Severability. If any provision of these Terms and Conditions is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
d) Law. These Terms and Conditions shall be governed by the laws of the State of Minnesota without reference to conflicts of laws. In the event that any provision of these terms and conditions is found to be inconsistent with or contrary to any applicable law, regulation, or code, the parties agree that such provision shall be deemed to be modified or nullified to the extent necessary to comply with such law, regulation, or code, without affecting the validity or enforceability of the remaining provisions. The parties further commit to promptly take all necessary actions to bring the terms and conditions into compliance with the law, regulation, or code in question.
e) Forum. All actions, claims or disputes arising under or relating to these Terms and Conditions shall exclusively be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Minnesota.
f) Transactions. All account transactional activity is subject to Program Manager’s final verification. Program Manager may reverse or otherwise adjust any transactional activity it believes has erroneously been made to a User’s account.
Browser Support
This site supports the following browsers (current versions and one prior release) are supported on this website: Google Chrome, Microsoft Edge, Mozilla Firefox, and Macintosh Safari. If you are using a browser version other than these, consider upgrading your browser software. Portions of our site and other sites may not work properly with older browser versions. Please consult your computer support personnel before installing any new software on your company computer. If you are using your own personal computer, review your system requirements before installing new software. Upgrading your Internet browser software will provide a better viewing experience at our site and many other sites that employ newer Internet coding standards. This site does contain some pop-up windows. Please disable your pop-up blocker for best viewing.
Important Information
Brands and Offers associated with the “Rewards by RentCafe” program are subject to availability and may change. Neither Yardi nor Program Manager, nor any of their affiliates, nor any supplier to the Program will have any liability whatsoever for purchases made through the Program by you or by individuals who claim to have authority to act on your behalf, nor for any loss, damage, expense, non-performance, consequential or special damages, accident or injury incurred in the course of your use of any good or service received through the Program or as a result of any defect in or failure of such purchases. Yardi, Program Manager, and their affiliates make no guarantees, warranties or representations of any kind, expressed or implied, with respect to the goods or services offered by any supplier and specifically disclaim any implied warranties or merchantability or fitness for a particular purpose.
The Program or any portion of it may be changed or terminated at any time. You are responsible for any personal tax liability that may be related to your participation in the Program.
Program Manager is solely responsible for the Program content.
SCHEDULE B – KIGO TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY
These Terms of Service (the “Terms”) constitute a legal agreement between you (“you” or “your”) and Kigo, LLC, a Delaware limited liability company (together with its affiliates, “Kigo,” “we,” “us,” and “our”). These Terms govern your use of the services provided by Kigo and its third-party service providers (“Service Providers”) described herein, and such other services that may be offered by or through us from time to time, and your use of the Account (as defined below) which establish your overall relationship with us (collectively, the “Services”, or “Program”). By signing up to use the Services throughhttps://Kigo.io, Kigo’s APIs, theKigo mobile application, or any other Kigo website (collectively, a “Kigo Site”), you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms including Section 11.1 Arbitration, and also including our Privacy Policy https://kigo.io/privacy/.
We may amend or modify these Terms at any time by posting the revised Terms on the Kigo Site and/or providing a copy to you (an “Amended Terms”). The Amended Terms shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of Amended Terms constitutes your acceptance of such Amended Terms. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account.
1. Definitions. Capitalized terms used in these Terms, but not defined in place, have the meanings given to them in this Section 1. As used in these Terms:
“Account” means the Kigo account registered by you through the Services, and through which you can access your wallet.
“Account Information” is defined in Section 2.3.
“Communications” is defined in Section 12.9.
“Content” is defined in Section 4.1.
“Counter Notice” is defined in Section 9.3.
“Disputes” is defined in Section 11.1.
“DMCA” is defined in Section 9.1.
“DMCA Notice” is defined in Section 9.2.
“Indemnified Parties” is defined in Section 10.1.
“Linked Services” is defined in Section 4.8.
“Merchant” means a retailer, merchant or other providers of goods or services that has agreed to make Offers, either directly or indirectly through a third party, available through the Services.
“Provider Agreement” or “Provider Agreements” is defined in Section 3.2.
“Offer” means an advertised opportunity provided by a Merchant for you to receive a discount, savings, or reward through the Services or in connection with a Third-Party Rewards Program. Offers may be added or removed by Merchants or Kigo at any time and from time to time without notice to you.
“Rewards Offer” means an Offer in which you may earn a Reward by completing the qualifying activities outlined in the Offer terms and conditions.
“Discount Offer” means an Offer in which you may receive a discount, savings, or another benefit that is earned, accessed, or obtained through the Services.
“Rewards” means a promotional rewards currency which may be earned from completing the qualifying activities outlined in a Rewards Offer and may be redeemed for gift cards or other such awards as described in the program rules.
“Receipt Verification Rewards Offer” as defined in section 7.1
“Online Rewards Offer” as defined in 7.1
“Awards” means a gift card or other redemption opportunity for which Rewards can be redeemed.
“Third-Party Rewards Programs” is defined in Section 3.2.
“User Credentials” is defined in Section 2.5.
2. Account Registration.
2.1. Eligibility. You represent and warrant to us that you are at least 18 years old, that you are capable of entering into a legally binding agreement, and that you reside in the United States or Canada. Your right to use the Services is conditioned upon your acceptance and compliance with these Terms. If you do not agree to be bound by these Terms, you are not authorized to use the Services, and you agree to immediately discontinue any access to or use of the Services
2.2. Registration. You must be authenticated to use the Services. By registering or using the Services you agree and represent that you have authenticated Account access solely for use by yourself, and you will not use your Account for or on behalf of any third-party. You are solely and fully responsible for all activity that occurs under your Account. We may, in our sole discretion, refuse to open an Account for you, suspend or terminate your Account or otherwise suspend or terminate your access to the Services.
2.3. Identity Verification. To use the Services you must provide us with certain information, requested by us or our Service Providers (“Account Information”). Such information may be used for identity verification, providing Services to you, the detection of money laundering, terrorist financing, fraud, or any other financial crimes, compliance with applicable laws and regulations, and for other purposes described in our Privacy Policy https://kigo.io/privacy/. You agree that Kigo and its Service Providers may keep a record of such information. You represent that any such information provided to us will be accurate and complete. Further, you agree that if there are ever any changes relating to your Account Information you will immediately update your Account Information, and if we request additional Account Information from you, we may condition your further use of the Services and access to your Account upon your provision of such additional information. You can withdraw your consent for our future use of Account Information at any time by closing your Account. However, we may retain and continue to process your Account Information if we reasonably believe it is necessary in order to comply with laws or regulations and to facilitate the closing of your Account and you hereby consent to such uses of your Account Information. In addition, such information may be assigned or transferred in accordance with these Terms and the Privacy Policy https://kigo.io/privacy/.
2.4. Inquiries. You authorize us to make any inquiries we deem necessary or advisable to verify your identity and the information you provide. You acknowledge and agree that we may use third-parties in connection with the inquiries and verification. Further, you authorize us to take any action that we deem necessary or advisable based on the results of such inquiries. You acknowledge and agree that your Account Information may be disclosed to our Service Providers and to certain third-party agencies, such as credit agencies and financial crime agencies, and that these agencies may respond to our inquiries. Our use of such information will be subject to the Privacy Policy https://kigo.io/privacy/ and these Terms. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or request from a governmental authority.
2.5. Security. You are responsible for maintaining security and control of any and all electronic devices, log-in credentials, passwords, hints, personal identification numbers, and any other information you use to access the Services (the “User Credentials”). Any loss or compromise of the foregoing information and/or your Account Information may result in unauthorized access to your Account by third-parties and the loss or theft of any Offers or Rewards reflected in your Account. We assume no responsibility for any loss that you sustain due to compromise of your User Credentials, and you agree that we shall have the right to assume that you have authorized each transaction that occurs using your User Credentials. You agree to cooperate with us during the investigation of any suspected unauthorized access to or use of your Account or the Services using your User Credentials. You agree to provide us with accurate and current information throughout the investigation. You agree to perform any tasks we reasonably require to manage or report a security breach or fraud. You are responsible for keeping your email address, telephone number and other Account Information up to date in your Account profile, and for ensuring that any emails we send to you are permitted by any spam or other email blocker implemented by you or your email service provider, so that you can receive any notices or alerts that we send you.We assume no responsibility for your failure to follow or act on any notices or alerts that we send to you. IN THE EVENT YOU BELIEVE YOUR ACCOUNT OR USER CREDENTIALS HAVE BEEN COMPROMISED, CONTACT KIGO SUPPORT IMMEDIATELY AT [email protected].
2.6. Closing Your Account. You may close your Account and terminate your relationship with us by contacting Kigo support at [email protected], but you will remain liable for all obligations related to your use of the Services even after your Account is closed. Offers and Rewards in your Account are not transferrable. If you choose to close your Account and any Offers or Rewards remain, you will permanently lose all access to such Offers and Rewards.
3. Programs.
3.1. Offers and Awards. We have the right, in our sole discretion, to determine the types of and specific Offers and Awards available to you through the Services. Kigo does not endorse any Offers or Awards in any way and has not reviewed or approved of the contents of any Offers or Awards. Offers and Awards are managed and controlled by the Merchants offering such Offer or Awards and Kigo does not guarantee that any Offer or Award will be redeemed or honored by the offering Merchant. Kigo shall not be liable to you if a third-party (including a Merchant or Service Provider) fails to redeem or honor any Offer or Award. A Merchant or Kigo may add or remove any Offer or Award from the Services at any time, for any reason, without notice, or other restriction or penalty. In addition, certain Offers and Awards presented, stored or accessed through the Services may be provided by Service Providers or other third-parties and may be subject to additional terms imposed by such Service Providers or third-parties.
3.2. Additional Agreements; Third Party Programs. From time to time, as a condition of your use of the Services, you may be required to establish direct relationship with one or more Service Providers or other third-parties by agreeing to terms and conditions or entering into one or more agreements with them (each, a “Provider Agreement”, and collectively, the “Provider Agreements”). In addition to these Terms, your use of the Services, will be subject to the terms of any such Provider Agreements. Through the Services, Offers and Rewards from third-party rewards programs you enroll in may be available to you (“Third-Party Rewards Programs”). Offers, Rewards, and any use of the Services in connection with a Third-Party Rewards Program, are subject to the terms, conditions, policies and other requirements of such programs, as the same may be in effect from time to time.
3.3. Unclaimed Property. If certain types of Rewards or Awards are in your Account, and we have no record of you accessing the Services for three years and we are unable to contact you using the information you provided, applicable law may require us to deliver any such assets to the applicable state or jurisdiction as unclaimed property.
4. Access and Use.
4.1. Provision of Access. All content included in or made available through the Services, Kigo Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of Kigo, its Service Providers or their respective licensors, affiliates or content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of these Terms, to access and use the Services, Kigo Site, and Content solely for purposes approved by us from time to time. Any other use of the Services, Kigo Site or Content is expressly prohibited and all other right, title, and interest in the Services, Kigo Site or Content is exclusively the property of Kigo, its Service Providers, and/or its licensors.
4.2. Use Restrictions. You agree that you will not use the Services, Kigo Site, Account or Content for any purposes beyond the scope of the access granted in these Terms. You further agree you will not, and you shall not direct or permit any third-party to, copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without our prior written consent.
4.3. Reservation of Rights. Except for the limited license to access the Services identified in Sections 5-8, you acknowledge and agree that nothing contained in these Terms shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property, including any (a) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data, (b) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country, (c) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country, (d) trade secrets, or (e) any other tangible or intangible proprietary rights anywhere in the world.
4.4. Accessibility. You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time without notice to you, or (c) causes which are beyond our control or which are not reasonably foreseeable and that we shall not be liable to you for any losses resulting from such inaccessibility or inoperability. We do not represent that the Kigo Site or other Services will be available without interruption. We shall not have any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. You should also be aware that SMS (i.e., text messages) and email services are vulnerable to spoofing and phishing attacks and you should use care in reviewing messages purporting to originate from us. Always access your Account through the Kigo Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. We will never ask you for your Account password over the phone.
4.5. Suspension and Termination. We may suspend, restrict, or terminate your access to any or all of the Services and deactivate or cancel your Account, with immediate effect for any reason at our sole discretion and are under no obligation to disclose the details of its decision to take such action with you.
4.6. Fraud, Misuse, Abuse or Suspicious Activity. If we see evidence of fraud, misuse, abuse or suspicious activity, as determined by us in our sole discretion, we reserve the right to take action against you. This may include, without limitation and without prior notice, any or all of the following:
· Termination or suspension of your access to your Account, the Kigo Site, program platform and/or specific Offers
· Cancellation of gift card orders and merchandise orders
· Claw back and removal of earned or pending Rewards or Awards
· Taking legal action to recover monetary losses resulting from any of your activities involving fraud, misuse, abuse or suspicious activity
Some examples of fraud, misuse, abuse or suspicious activity include:
· Utilizing Offers other than for personal, family or household use
· Sale of gift cards and merchandise obtained through the Program
4.7. Kigo Site Accuracy. Although we intend to provide accurate and timely information on the Kigo Site, the Kigo Site (including, without limitation, content made available on the site) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Information may also be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services.
4.8. Links to Other Sites and Services. The Kigo Site and Services may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under our control and we are not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Services. The inclusion of a link does not imply endorsement by Kigo of the Linked Services or any association with the operators of the Linked Services. Kigo does not investigate, verify or monitor the Linked Services and has no duty to do so. We provide links to Linked Sites for your convenience only. You access Linked Services at your own risk and is subject to the terms of use imposed by the owners or licensors of such Linked Sites. We do not adopt, endorse and shall not be responsible or liable for any content, including advertising, products or other materials, on or available through any Linked Services.
5. Discount Offers: These rules govern the use and redemption of offers (“Rules of Use”), including coupons, mobile offers, boosted rewards, claim codes, promotional codes, and digital rewards available through the Kigo Site.
5.1. Presenting and Redeeming Offers.
· Present your coupon and/or mobile device to a participating merchant at the time you request your bill or as instructed in the Offer.
· The merchant will retain your printed coupon. You will be asked to show your phone when redeeming mobile offers. For mobile Offers, you may be asked to show the redemption screen and/or complete the on‑screen redemption steps.
· Special discounts for car rentals, airfare, select hotels, and entertainment activities and venues are available by using codes contained on offers and/or by completing bookings through the link to merchant’s websites.
· For restaurants offering a complimentary “menu item” when a second is purchased, a “menu item” is a main course or entrée item.
5.2. Eligibility and Valid Use.
· Offers are for personal, non‑commercial use by the individual member or authorized account holder and are nontransferable unless expressly permitted.
· Offers are not valid with other discounts, coupons, or promotional programs unless expressly stated.
· Offers are subject to the maximum dollar value or percentage off limits stated on the Offer. The least expensive eligible item(s), up to the Offer’s stated maximum, will be deducted, or the discount will apply up to the stated maximum.
· One Offer per two people unless otherwise stated. Unless the Offer specifies otherwise, up to three Offers may be used per party. Where an Offer states “one bill per table,” only one Offer may be redeemed per table. When dining, customary gratuity should be calculated on the total bill before any discount is applied.
5.3. Exclusions and Restrictions.
· Discounts exclude tax, tip and/or alcohol unless expressly stated otherwise and allowed by law.
· Each offer is redeemable once per account holder and will reset in 365 days from redemption date.
· Dining offers are not valid on children’s menu items, discount priced daily specials, senior citizen rates, early bird specials, carryout/takeout, and buffets, unless otherwise noted.
· Major holidays are excluded: New Year’s Eve/Day, Valentine’s Day, St. Patrick’s Day, Easter, Mother’s Day, Father’s Day, Thanksgiving and Christmas Eve/Day. Additionally, for Canada: Victoria Day, Canada Day, Labor Day and Boxing Day. Please check with the merchant regarding other regional or local holidays that might be excluded.
· Coupons may not be valid in the city of San Diego. See San Diego Municipal Code 33.2713.
· Offers are void where prohibited, taxed, or restricted by law. Offers may not be valid in all jurisdictions.
5.4. Expiration and Timing.
· Availability and number of available usages available for each user is variable according to agreement between Kigo and the merchant partner.
· Printable offers expire 14 days from the date that the offer is printed or as stated on the coupon.
· Mobile offers are valid for ten minutes from the redemption being completed.
· Some Offers reset after a defined period (e.g., 365 days from redemption) and may be redeemable once per account holder during that period, unless otherwise stated
· As program applicable, promotional credits in accounts are deducted when you select a merchant Offer.
5.5. Prohibited Activities.
· Barter, trade, sale, purchase, auction, or transfer for compensation of Offers, membership cards, digital rewards, claim codes, promotional credits, or any component of the program is strictly prohibited unless expressly authorized by Kigo in writing.
· Offers are void if purchased, sold, bartered, reproduced, altered, or obtained by fraudulent or deceptive means. Photocopies or reproductions are void.
· Any use of an Offer in violation of these Rules of Use renders the Offer void. Kigo may pursue all remedies available at law or in equity.
5.6. Disclaimers.
· Offers, cards, and promotional credits are not gift cards, do not hold cash value, and may not be exchanged for cash.
· The amounts displayed as “Lifetime Savings” or “Estimated Savings” on an offer or user’s application are estimated lifetime savings only, based on totaling the average savings from offers, and not actual savings amounts. Furthermore, actual receipts are not checked, nor are transactions verified to determine how much a user actually saves at the point of sale.
· Merchant participation can change without notice. Kigo is not responsible if any establishment breaches its obligations or refuses to accept an Offer, but will attempt to secure compliance.
· Kigo disclaims all alleged or vicarious liability for bodily injury or property damage resulting from any accident, event, or occurrence on, or resulting from the use of, a participating merchant’s premises and disclaims all warranties (express, implied, or otherwise) regarding the premises’ condition or safety.
· For Tennessee and Wisconsin: Redemption may be subject to certain conditions and limitations, which must be stated on the coupon. You are entitled to inspect the coupon before purchase.
5.7. Contact. For assistance, visit [email protected]
6. Redemptions and Awards
6.1. Gift Cards/Digital Gift Cards/E-Certificates (if applicable). Gift cards/digital gift cards/e-certificates are subject to the terms and conditions set by the issuing merchant. Information regarding expiration policies or non-usage fees, if any, will be disclosed on the product description page for the gift cards/digital gift cards/e-certificates. Gift cards/digital gift cards/e-certificates orders may not be cancelled, returned nor exchanged. Gift cards/digital gift cards/e-certificates should be treated like cash; no refunds or replacements will be provided for lost or stolen gift cards/digital gift cards/e-certificates.
6.2. Merchandise. Merchandise is subject to the manufacturer’s warranties, terms & conditions. Merchandise orders may not be cancelled once shipped. If damaged on transit, please contact Kigo customer support within 2 business days of receipt to be eligible for a return authorization. Notwithstanding, KIGO, LLC shall not be liable for delay or lost correspondence sent by a postal service or any other form of delivery including email.
6.3. Shipping. Physical Gift Cards (if applicable) and most merchandise typically ship within 5-10 business days, although occasionally an item may take up to 30 business days to ship. Items ordered at the same time may be shipped separately. Physical Gift Cards (if applicable) can be shipped anywhere within the 50 United States, as well as the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and American Samoa. Merchandise may only be shipped within the 48 contiguous United States. Shipping exceptions will be noted during checkout.
6.4. Return Policy. Digital Gift Cards and Physical Gift Cards (if applicable) are non-refundable, non-returnable and cannot be exchanged. If you receive damaged merchandise, contact Kigo customer support within 2 business days of original delivery date of the product.
7. Rewards
7.1. Rewards may be earned by completing the qualifying activities outlined in a Rewards Offer. Qualifying activities may include, but are not limited to, clicking a link to a participating merchant from the Kigo site and making a qualifying purchase at that merchant within a designated period of time (“Online Rewards Offer”) or making a purchase of an eligible item at a participating retailer and submitting proof of purchase as required by the offer terms and conditions (“Receipt Verification Rewards Offer”).
7.2. Awards: Rewards may be redeemed for gift cards or other such Awards as outlined in the terms and conditions of the program or shown in the Rewards redemption experience on the Kigo Site. Users may be required to earn a minimum amount of Rewards before they become eligible to redeem such Rewards for Awards. Minimum Reward amount will be shown on the Kigo Site. An Award is provided to a user when the user has accrued the required amount of Rewards and redeemed such rewards for an Award on the Kigo Site. Users may redeem Rewards for one Award at a time. Rewards may only be redeemed from a designated Award catalog provided by Kigo. The required Rewards cost of Awards is determined solely by Kigo and may change without prior notice The Reward earn rate on Rewards Offers and the value of earned Rewards is determined solely by Kigo and may change without prior notice. Rewards have no cash value and are not transferable.
7.3. All accrued and unredeemed Rewards will expire if the account holder has had no activity in the program for a continuous period of (365) days. “Activity” may include logging into the Kigo Site, redeeming Offers, or redeeming Rewards. Upon expiration, unredeemed Rewards are immediately forfeited, have no residual value, and cannot be reinstated. Kigo reserves the right to terminate the program, or any part of it, at any time, for any reason, without liability. If the program is terminated, all users forfeit any and all unredeemed Rewards immediately upon the effective date of termination. No compensation will be given for forfeited Rewards. Kigo will attempt to provide reasonable notice of termination, but failure to do so does not create liability.
8. Receipt Verification Reward Offers:
8.1. Participants must submit a valid itemized receipt from a participating retailer, with receipt dates between stated program promotion criteria and within stated days of purchase. The itemized invoice must be in a clear, complete, unmodified original image. Image must be in JPG, PNG, or PDF format. The itemized receipt image must clearly display the following information: retailer, retailer location, date and time of purchase, product name, UPC or SKU, item quantity, item price, and total transaction amount. Any partial, otherwise incomplete, or illegible receipt image will be automatically rejected and user will be provided an opportunity to resubmit the receipt.
8.2. Apart from removable errors in code, i.e. bugs, the receipt scan process may show other errors which are a result of the imperfection of technologies developed and/or embedded in the product(s) and which can result in inaccurate and/or imprecise scanning performance. Scanning performance depends on the environment where it is used, the device or browser used for scanning, lighting, level of damage of the document, positioning of the device above the document. A manual review of rejected or filed submissions is contingent on specific program details and reward is not guaranteed as a result.
8.3. Upon successful validation and verification of the receipt, users are eligible to receive a Reward as outlined in the offer details.
8.4. In the event of a malfunction or error that results in the over-awarding of a Reward, Kigo reserves the right to adjust, revoke, or reclaim any Reward awarded in error, regardless of whether such Reward has been redeemed.
8.5. Participants agree that Kigo shall have no liability for any losses or damages arising from technical issues, including the over-awarding or under-awarding of Rewards due to receipt scan malfunctions.
8.6. By participating in receipt scan reward offers, participants release and hold harmless Kigo, its licensor, affiliates, employees, and agents from any claims or damages arising out of participation, including but not limited to technical malfunctions, errors in awarding Rewards, or the inability to redeem Rewards
8.7. By uploading and/or submitting a receipt or invoice, you agree that Kigo, LLC can collect and use the purchase details in your submission. This information is used to, among other uses, confirm offer eligibility, improve services, and create reports and insights. Your receipt data may be shared in a combined or anonymized way with third parties, but your personal information will be used only in compliance with our privacy policy. By uploading, you agree to these Terms and our privacy policy.
9. Intellectual Property Rights; DMCA.
9.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), applicable to Internet service providers. If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
DANNY S. KRISTAL, GENERAL COUNSEL
KIGO, LLC
2561 W Territorial Rd
St Paul, MN 55114
(651) 917-9143
[email protected]
9.2. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Kigo Site infringe your copyright, you may request removal of those materials (or access to them) from the Kigo Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
– Your physical or electronic signature.
– Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Kigo Site, a representative list of such works.
– Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
– Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
– A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
– A statement that the information in the written notice is accurate.
– A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Kigo Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
9.3. DMCA Counter Notification. If you believe that material you posted on the Kigo Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
– Your physical or electronic signature.
– An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
– Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
– A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
– A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Kigo Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Kigo Site with the complaint at issue.
9.4. Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.
10. Indemnification and Limitation of Liability.
10.1. Indemnification. You agree to indemnify and hold Kigo, its affiliates, and Service Providers, and each of its or their respective directors, managers, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other representatives (collectively “Indemnified Parties”) harmless from any and all claims, demands, investigations, causes of action, damages, debts, liabilities, including reasonable attorney’s fees arising out of or related to: (a) your use, including the use by anyone using your User Credentials, of the Services and your Account, (b) any breach or non-compliance by you or anyone using your User Credentials, of any of these Terms; (c) your, or anyone using your User Credentials, violation of law, regulation or other legal requirement; or (d) any dispute or litigation caused by your, or anyone using your User Credentials, actions or omissions. We will use commercially reasonable efforts to notify you of any such claims that are subject to your indemnification obligation.
10.2. Limitation of Liability; No Warranty.
IN NO EVENT SHALL KIGO, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, OWNERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS, CONTRACTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE KIGO SITE OR THE SERVICES, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. IN NO EVENT SHALL KIGO, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, OWNERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS, CONTRACTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY AMOUNT GREATER THAN $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIGO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. KIGO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE KIGO SITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. KIGO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES AND KIGO SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT KIGO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF REWARD DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (B) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE KIGO SITE, SOFTWARE, SYSTEMS OPERATED BY KIGO OR ON OUR BEHALF OR ANY OF THE SERVICES OR ANY WEBSITE OR SERVICE LINKED TO THE KIGO SITE; (C) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE KIGO SITE, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE SERVICES; OR (D) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT.
WITHOUT LIMITING THE OTHER LIMITATIONS SET FORTH IN THESE TERMS, KIGO IS AND ITS SERVICE PROVIDERS ARE NOT AGENTS OF ANY MERCHANT. MERCHANTS OPERATE INDEPENDENTLY OF AND ARE NOT UNDER OUR CONTROL. ACCORDINGLY, WE DO NOT REPRESENT OR WARRANT, OR GIVE ANY ASSURANCES THAT ANY THIRD-PARTY WILL PROVIDE REWARDS FOR ANY PARTICULAR TRANSACTION, SUPPORT ADVERTISED OR CLAIMED FUNCTIONALITY OF A REWARD. FURTHER, YOUR PARTICIPATION IN OFFERS OR PROMOTIONS OF, OR CORRESPONDENCE WITH, ANY MERCHANT OR OTHER THIRD-PARTY IS SOLELY BETWEEN YOU AND THAT PERSON. WE DO NOT ASSUME ANY LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY PART OF ANY SUCH CORRESPONDENCE, OFFER OR PROMOTION, INCLUDING WITHOUT LIMITATION THE WITHDRAWAL OR MODIFICATION OF ANY SUCH OFFER OR PROMOTION.
11. Dispute Resolution; Waiver of Jury Trial.
11.1. Arbitration; No Class Actions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, the Services, Kigo Site, your Account, or any Offers or Rewards (“Disputes”) shall be exclusively settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, but subject to Section 11.1 below, you or Kigo may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and you or Kigo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and Kigo agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration set forth in this Section 11.1 is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. You shall have the right to opt-out of this agreement to arbitrate and the class action waiver set forth in this Section 11.1 by providing written notice of your intention to do so to within thirty (30) days of the execution of these Terms (i.e. the date you register your Account). Witten notice must be sent to [email protected]. Any opt-out request postmarked after that date will not be effective, and you will continue to be bound by the terms of this Section 11.1.
11.2. YOU AND KIGO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OF ANY CLAIMS OR CAUSES OF ACTION AGAINST THE OTHER OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH RESPECT TO CLAIMS IN CONTRACT, EQUITY, TORT OR OTHERWISE. EACH PARTY AGREES THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THESE TERMS.
12. Miscellaneous.
12.1. Governing Law. These Terms and any and all Disputes shall be controlled, construed and enforced in accordance with the laws of the State of Minnesota regardless of its choice of law provisions.
12.2. Entire Agreement. These Terms, including the Privacy Policy https://kigo.io/privacy/ any prohibited use policy posted on the Kigo Site, constitutes the entire agreement and understanding between the parties and supersedes any prior understandings, agreements or negotiations between you and Kigo with respect to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), between you and Kigo.
12.3. Contravention and Invalidity. The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions herein, and these Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted. Further, if any provision is held to be overbroad as written, that provision should be considered to be amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law and enforced as amended.
12.4. No Waiver. Nothing in these Terms shall be construed to waive rights that cannot be waived under applicable laws. No waiver, express or implied, by Kigo of a default by you under these Terms shall constitute a waiver of any subsequent default nor shall a waiver, express or implied, made by Kigo of a default by you under these Terms have any impact on Kigo’s ability to enforce these Terms to the fullest extent permitted by law.
12.5. Assignment. You shall not transfer or assign these Terms or any of your rights or licenses granted hereunder without prior written consent of Kigo. Kigo may assign these Terms and any of our rights hereunder without restriction. In the event that Kigo is acquired by or merged with a third-party (including through a sale of substantially all of its assets), we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, this these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
12.6. Headings. The headings of these Terms are for the purpose of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof.
12.7. Force Majeure. We shall not be liable for damages for any delay, interruption, or failure in the performance of Services or with respect to these Terms which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to acts of God, fire, flood, war, government regulations by direction or request, acts of civil or military authorities, market volatility, pandemic, accident, terrorist activities, labor trouble, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions
12.8. Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, Account cancellation, debts owed to Kigo, general use of the Kigo Site, disputes with us, and general provisions, shall survive the termination or expiration of these Terms.
12.9. Electronic Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account(s) and your use of Services. These Communications include without limitation: these Terms and policies you agree to, including updates to these agreements or policies; Account details, history, transaction receipts, confirmations, and any other Account or transaction information; legal, regulatory, and tax disclosures or statements we may be required to make available to you; and responses to claims or customer support inquiries filed in connection with your Account. We will provide these Communications to you by posting them on the Kigo Site, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
12.10. Changes to Services; Discontinuation. Kigo reserves the right, from time to time and in its sole discretion, to modify, improve, suspend or discontinue any or all of the Services at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We are not required to provide you with notice of any such changes, suspension, discontinuation, or transfer related to a product, service, or feature, to the extent required or applicable.
12.11. Sponsorship. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kigo.
12.12. Relationship of the Parties. Kigo is an independent contractor for all purposes. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between you and Kigo, and you shall not have authority to contract for or bind Kigo in any manner whatsoever.