Privacy Policy & Terms of Service

Privacy Policy

Products With Purpose LLC (“Company” or “we”) makes available shopping programs through https://productswithpurpose.org (“Services”). This Privacy Policy describes how we collect, use, share and protect information in connection with the websites, mobile websites, mobile applications, browser applications and any other Services that refer or link to this Privacy Policy.

1. Collection of Information

We collect, process and use your information when you:

• Register for our Services
• Visit our website(s)
• Connect to our Services using third-party accounts, such as your email, social media or payment account(s)
• Contact us for support
• Participate in our shopping or fundraising programs
• Enter a sweepstakes, contest, promotion, survey or poll

Further, we and our service providers automatically collect certain information about you through:

• Interaction with our Services
• Cookies and other tracking technologies
• Location-identifying technologies
• Monitoring and analyzing trends, usage and activities

The types of information you provide may include personal information. “Personal information” means information that can be used to identify you (whether alone or in combination). The personal information you may provide to us includes:

• First and last name
• Email address
• Mailing, billing and/or shipping address
• Phone number
• Payment information (such as payment account name, payment account number, payment card expiration date and billing address)
• The product or service requested or purchased
• How you connect to our Services, such as your IP address, unique device identifiers, device or session IDs and information regarding the network and connected hardware (e.g., computer or mobile device)
• Browsing, shopping and purchase history
• Your geolocation
• Click-stream data (the page-by-page paths you take as you browse through our Services)

2. Use of Information We Collect

We may use information about you in the following ways.

Manage Your Account

If you provide us personal information, we may use it to: (i) process your registration with our Services, including verifying whether your email address is active and valid and enrolling you into our programs; (ii) facilitate and manage your purchase transactions; (iii) track your shopping from each cause or community page, deliver you rewards or payments and identify opportunities for rewards and/or offers; (iv) send you technical notices, updates, security alerts and administrative messages; (v) provide you member services regarding your account and reply to your questions, comments and requests; and (vi) comply with legal and regulatory provisions in force and with the competent judicial authorities in each geographical jurisdiction that the Company operates in. We may also use your information to assess risk and prevent fraud.

Improve Our Services

We may process information through analyzing and monitoring usages and trends and performing statistical analyses to improve our Services and the websites, applications, marketing efforts and the products and services of our affiliates to provide a better service to you in the future. We may also use this information to adapt Service content to be more likely to be of interest to you. With the exception of Email Data, we may also share information with our affiliates within the Products With Purpose Group for those affiliates to analyze and monitor usage and trends to improve their services and websites.

Provide You Marketing Information

With the exception of Email Data, Company may use information to provide you more personalized offers and/or special offers, discounts and similar information. Company may send you newsletters, rewards, discounts, promotion codes, events and general information about the service if you consent. You can manage these communications in accordance with Section 4 (Your Choices) below. To match your profile and interest, we may use your information to create a profile of your preferences and provide you content and features. We may use your information (excluding Email Data) to provide you advertisements.

Administer Contests, Sweepstakes and Promotions

From time to time, Company may invite you to enter various contests, sweepstakes, surveys or promotions. If you choose to participate in a contest or promotion, your personal information may be used to administer the contest, such as to determine your eligibility for the contest or to award a prize.

3. Sharing of Information

We may share the information we collect, including your personal information, under the following circumstances.

Service Providers and Business Partners

We may share your Personal Information with third party service providers (which may include Company affiliates) to operate our Services. We may share your Personal Information with our service providers that provide member support, process payments, and perform other business operations on our behalf, under our instructions and in compliance with appropriate technical and organizational security measures to protect your data. For example, we may partner with other companies to provide you support services, authentication services, prevent fraud on our Services, administer our promotions, referral programs, sweepstakes, and surveys, perform analytics, maintain the accuracy of our databases, facilitate your travel reservations, fulfill your product purchases, and administer your rewards or payments. We will not sell your Personal Information, Email Data or your payment information, but we may rent, sell, and share other information that cannot be used to identify you with merchant partners, third parties, or affiliates.

Protection of Rights and Other Legal Purposes

We may share the information we collect, including personal information, to the extent permitted by applicable law, (i) in response to subpoenas or other legal processes or if in our good faith opinion such disclosure is required or permitted by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to defend our terms and conditions or other policies applicable to our Services; and (iv) to protect the rights, property, life, health, security and safety of Company or any third party.

Business Transfers

We may share the information we collect, including personal information, with any third party in connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession) or any other type of acquisition of all or any portion of Company assets, conveyance or transfer of all or a portion of our business to another company.

4. Your Choices

You may in some cases have the option to decline providing us information. However, your choice not to provide information may impact your use of certain features or services. You may unsubscribe or opt out of receiving marketing communications from us by using the unsubscribe link on the footer of our marketing emails or by using the Contact Us option through our support email (support@productswithpurpose.org). Upon request, we will provide you with information about whether we hold any of your personal information. We encourage you to maintain the accuracy of the information you submit to us, such as the information you provide to register for your page. The Services may allow you to access, review, correct, update and remove or make inaccessible personal information you have provided through contacting us through email. With respect to linked email accounts, you may unlink your email account from your Service account or switch email accounts by contacting us through our support email. You may provide account updates and changes by contacting us through our support email. With respect to our mobile and other applications, you can prospectively stop all collection of information by the application by uninstalling the application. You may at any time opt out from further allowing us to have access to your location data by adjusting the permissions in your mobile device. We will make good-faith efforts to make requested changes in our then-active databases as soon as reasonably practicable.

5. Data Security and Retention

We take reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. We use a secure, encrypted connection (using a TLS protocol) on all pages where you access or transmit personal information. Although Company uses reasonable efforts to help protect your information, transmission via the Internet is not completely secure and Company cannot guarantee the security of your information collected through our Services. Except as otherwise set forth under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access or other causes beyond our control. We retain the information collected via our Services until you choose to close your account. After that time, we may aggregate the data and retain it for analytical purposes. We may also retain your information on backup media to comply with applicable law, to support financial audits, to resolve disputes, to maintain compliance efforts and for other legitimate business reasons.

6. Electronic Communications

By signing up for an account, you may receive periodic emails from Company. If you consented to receiving promotional email communications, you can opt out of receiving such communications from us at any time by (i) following the unsubscribe links at the bottom of each email or (ii) using the Contact Us now page and form to email us your request. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails and other types of communications, as permitted by law, such as service emails relating to our ongoing business relationship. Service emails contain service-related announcements that affect your account, such as product order quarterly reports, reward or payment updates, and responses to your comments and feedback submitted to us. Company mobile applications, browser extensions and websites may send you notifications, such as alerts, sounds and icon badges. Push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. When using mobile applications, push notifications and other mobile alerts can be configured in the settings of your mobile device. As with emails, even if you opt out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may opt out of such messages by removing your mobile number in your account preferences or replying STOP to any incoming messages.

7. Cookie Policy

We and our partners use cookies and similar technologies to analyze trends, administer the website, track users’ movements around the website and gather demographic information about our user base. We use cookies for many purposes, including, without limitation, authentication and tracking user preferences or web pages visited while using our Services. You may control the use of cookies at the browser level. If you choose to disable cookies, it may limit your use of certain features or functions on the Service.

8. Analytics, Targeting, Tracking

We, and third parties with which we partner, may also use cookies, pixels and other technologies to automatically collect information about your use of the Services, such as your click-stream data, browsing history, IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. Data collected from a browser or device may be used with another computer or device that is linked to the browser or device on which such data was collected (also known as cross-linking). We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms. These third parties may also collect personal information about your online activities over time and across different websites when you use our Services to help predict your preferences and to display (and to enable other third parties to display) ads to be more likely to be of interest to you. Some third-party service providers that we engage (including third-party advertisers) may also place their own cookies on your browser. If you wish to opt out of interest-based advertising, click here. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

9. Third-Party Websites

The Services contain hyperlinks to websites of merchants, retailers and other websites or locations that we do not control and are operated and controlled by third parties (“Third-Party Websites”). Our Privacy Policy does not apply to these Third-Party Websites and we make no representations regarding the policies or business practices of any such Third-Party Websites. We encourage you to review, and if necessary, adjust, your privacy settings on the applicable Third Party Websites.\

10. Changes to This Privacy Policy

This Privacy Policy is current as of the effective date set forth below. Company reserves the right to change this Privacy Policy from time to time consistent with applicable privacy laws and principles. If we make changes to this Privacy Policy, we will notify you by revising the date on this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Services or sending you an email notification).

11. Contact Us

If you have any questions regarding this Privacy Policy, please feel free to contact us by email at support@productswithpurpose.org.

Updated: September 16, 2019

Terms & Conditions – Member Agreement

Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights.

Products With Purpose LLC (“Company” or “we”) makes available shopping and fundraising programs through https://productswithpurpose.org (“Programs”) and related mobile and software applications (“Company Properties”) under these Terms and Conditions.

This Agreement constitutes a legally binding agreement between each individual or organization who enrolls in ANY of the Programs (“Member”) or otherwise uses any one of the Company Properties. IF YOU Are a Member or use any of the Company Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE PROGRAM(S) AND TERMINATE YOUR PROGRAM MEMBERSHIP(S) IMMEDIATELY.

YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 below, TO RESOLVE ANY DISPUTES WITH the Company, Except foR those Matters that may be taken to small-claims court.

1. CHANGES TO THE TERMS AND CONDITIONS

1.1 Company may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. Company may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.

1.2 Your continued use of the Company Property following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to discontinue your use of the Company Properties. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.

2. PROGRAM ACCOUNT

2.1 Our Programs are not available to and should not be accessed or used by residents of the European Economic Area (“EEA”). To become a Member, you must be at least 18 years old and provide a) title of cause (charity, fundraiser or community name), contact name, contact email, contact phone, select related categories and a brief description. Each member and email address is limited to one Account. To redeem certain offers and promotions offered by our other Programs, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.

3. INFORMAL DISPUTE RESOLUTION

3.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, You agree to try to resolve the dispute informally by submitting your request through our Contact Us page or reaching out to support@productswithpurpose.org. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or Company may bring a formal proceeding.

4. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

4.1 You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company’s business, any of the Programs or the Company Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Company’s employees, agents or any subsidiaries of Company. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.

4.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

4.3 CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

4.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Company will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Phoenix, AZ.

4.5 Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future, material change to this arbitration provision, you may reject any change by sending us written notice within thirty (30) calendar days of the change to support@productswithpurpose.org, Subject: Legal. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which would still remain in effect.

4.6 This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to support@productswithpurpose.org, Subject: Legal, within thirty (30) calendar days of enrolling as a Member or using Company Properties.

4.7 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

5. PROGRAM LICENSE

5.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Company Properties for your personal use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Company reserves the right to change, upgrade or discontinue the Program and/or any Company Property and/or any feature of the Program or the Company Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Company or its licensors.

6. PROGRAM RESTRICTIONS

You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Company Properties; (ii) introduce into the Company Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Company Properties (collectively, “Content”); (iv) access the Program or the Company Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Company Property for any reason; (vii) rent, sell or sublicense any of the Company Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Company Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Company Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Company Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Company Properties.

7. PROGRAMS

7.1 Cash Back. We offer the ability for Members to earn cash back (“Cash Back”) on purchases completed through the Company Properties. Company receives compensation for referring buyers to the retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). Company gives a portion of this fee to its Members as Cash Back. Compensation received by Company may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back are offered at the sole discretion of Company and subject to your compliance with this Agreement.

(a) Online Cash Back. In order to earn Cash Back online, a retailer must be clicked from your custom webpage and the purchase completed during the same shopping sessions after clicking on the shopping link. If other sites are visited before completing your purchase or use coupons not provided by Company, the purchase might be associated with a service other than Company and you might not earn Cash Back for the purchase. Any users that disable “cookies” on their computer, will not be able to earn Cash Back from their purchases because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cash Back.

7.2 Products With Purpose Marketplace.

Company may offer a marketplace through the Company Properties (“Marketplace”) to allow you to purchase products (“Products”) from participating retailers, brands, merchants, and other partners (“Sellers”). Company is not the merchant of record for any Product purchases made through the Marketplace and does not have any liability with respect to any Products you purchase through the Marketplace. All Product purchases made through Marketplace are subject to the Seller policies, including, without limitation, applicable shipping, privacy, and return policies. Please review applicable Seller policies prior to making your purchase. Your use of Marketplace is subject to the Products With Purpose Marketplace Terms, the Seller policies and any other terms accompanying each Product offer and will govern to the extent they vary from this Agreement.

8. CASH BACK EXCLUSIONS

8.1 Cash Back is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Cash Back. Cash Back amounts vary by store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Company is not responsible for due compensation because of errors made in tracking software and clicks and purchases that don’t result in revenue. We do our best to minimize this occurrence and guaranteed payments minus our stated service fee at the time of the total amount from all accounts that have generated revenue for each member. Please review these terms carefully.

9. STORE POLICIES

9.1 A product purchased from any Affiliate Store or any Seller, whether online or in store, is governed by and subject to the applicable Affiliate Store or Seller policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store or Seller and that the Affiliate Stores and Sellers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store or Seller is solely between you and that Affiliate Store or Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Affiliate Store or Seller, or for any Affiliate Store or Seller withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance or withdrawal.

10. BONUSES AND OTHER REWARDS

10.1 Company periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. All bonuses and rewards are subject to review. Company reserves the right to withhold, deny or cancel any bonuses and/or rewards and/or terminate your Account if Company, in its sole discretion, deems any bonuses and/or rewards as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with our Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final.

11. PAYMENT OF CASH BACK AND OTHER REWARDS

11.1 Requirements. As a condition of payment of accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address and/or your valid PayPal email address for receiving payment. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.

11.2 Cash Back Payments. The minimum payment amount for Cash Back and other Cash Back Program rewards is $5.01. Balances below $5.01 remain in your Account for potential payment during the next payment period. Company pays members in U.S. dollars via PayPal or other payment options as Company may make available from time to time. Members may select or change their payment options by contacting support email (support@productswithpurpose.org). Company pays its Members accrued Cash Back and Cash Back Program related rewards in accordance with the current payment schedule below. Note: We are compensated up to 60 days following completed transactions. This schedule reflects the timing of which we are compensated for services and can forward them onto our members.

Reporting and Payment Months

Purchases between January 1 – March 31, reported in May, paid in July (or prior)

Purchases between April 1 – June 30, reported in July, paid in October (or prior)

Purchases between July 1 – September 30, reported in October paid in January (or prior)

Purchases between October 1 – December 31, reported in January, paid in May (or prior)

Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Company reserves the right to delay payment for any purchase based on changes to Affiliate Store policies at any time. Company also reserves the right to modify the payment schedule at any time. Company is not responsible for payments delivered to the wrong address through no fault of Company or for payment errors made by payment partners, like PayPal.

11.3 Account Adjustments. In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Company policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of Company. If an Affiliate Store fails to report a transaction to Company or fails to make payment to Company for any reason, Company reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Reports regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you believe that Cash Back has not been correctly credited to your account, you must contact Company Member Services within ninety (90) days of the transaction. In addition, Company may make account adjustments for any Cash Back that Company, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

11.4 Taxes. You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities.

12. ACCOUNT MAINTENANCE

12.1 Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating the information on your webpage and through your reporting email contact. Quarterly reports allow you to confirm your account status and earning history. Any use of your name, email, page name and page URL will be deemed to be your use, and Company is entitled to act on instructions received under your contact and is not responsible for any credits or debits made to your account by someone else who uses your contact information. If there is a breach of security through your Account email, you will immediately notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your Account email contact has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

12.2 Account Activity. An Active Account means you or a page visitor must have engaged in one of the following activities within the past twelve (12) months: (i) updated your Account or page information via contacting us at support@productswithpurpose.org, (ii) a retailer link has been click and shopping trip has been started via Company Properties, (iii) a visit has been page to your webpage or (iv) Account has accrued Cash Back. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i)-(iv) for more than twelve (12) consecutive months, Company reserves the right to debit your Account balance two dollars ($2.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by engaging in one of the activities set forth above in subsections (i)-(iv) or until your account balance is zero. If your account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, Company reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your account balance to become negative, and will not cause you to owe money to Company.

12.3 Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Company Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If Company has any reason to suspect fraudulent activity is associated with your Account, Company reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.

13. RECEIVING COMMUNICATIONS

13.1 By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related (e.g., that we’ve added money to your account, that a purchase has been made, that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons and special deals available to Company Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.

14. COMPANY APPLICATIONS

14.1 Company may make available software applications (“Company Applications”) to allow you to access our Programs without visiting productswithpurpose.org, including mobile applications and browser extensions. For purposes of this Agreement, references to Company Properties shall include Company Applications. Company Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the Company Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Company Applications are the same as the rights we grant to all others under this Agreement.

15. YOUR FEEDBACK

15.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through contacting us or leaving reviews on any website. You hereby grant to Company and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.

16. COMMUNITY STANDARDS

16.1 By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Company Properties, our employees, contractors or agents, our Affiliate Stores or Sellers, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. You communication of our Programs to your following must meet our standards and those of our Affiliate Network Partners (Amazon.com, Sovrn.com, app.impact.com and others). Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.

17. OWNERSHIP

17.1 All right, title and interest in the Program, the Company Properties and the Content belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “Products With Purpose” mark and the Products With Purpose logo and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. You shall not by any means bid on any keywords with any search engine containing “Products With Purpose,” or anything substantially similar to “Products With Purpose,” or any other Company Mark including, without limitation, ProductsWithPurpose.org, ProductsWithpurpose.com, ProductsWithPurpose.ca. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.

18. INDEMNIFICATION

18.1 You agree to indemnify Company, our Affiliate Stores, our Sellers, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your email Account contact). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

19. WARRANTY DISCLAIMER

19.1 THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.

20. LIMITATION OF LIABILITY

20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

21. TERMINATION OR SUSPENSION

21.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Company Property. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Company Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the Company Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.

22. GENERAL PROVISIONS

22.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Company and govern your use of the Products or Company Properties superseding any prior agreements between you and Company with respect to the Products or Company Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Company unless expressly confirmed in writing by Company to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content or third party software.

22.2 Choice of Law. The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law.

22.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

22.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

22.5 Assignment.You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

Updated: September 16,2019