Terms of Participation
This Agreement (hereinafter referred to as "Agreement") is between You (hereinafter referred to as "You" and "Yours") and Lafayette Community Bank (Lafayette, IN) (hereinafter referred to as "Service Provider").
USE OF SERVICE
Use of the Community Rewards Program(sm) or web site by You constitutes agreement of the "Terms and Conditions" stated herein. If You do not agree to these terms and have registered as a Community Rewards Program(sm) participant, please terminate Your registration for this Service.
DESCRIPTION OF SERVICE
Service Provider provides the Community Rewards Program(sm) Service to You under the terms and conditions in this Agreement (hereinafter referred to as "Service"). The Service includes selection of a school or nonprofit organization, the tracking and payment of the financial incentives or rebates (hereinafter referred to as "Rewards") paid to schools and nonprofit organizations, and the processing and issuing of the Rewards. This Service is further described and detailed in this Agreement.
SELECTION OF SCHOOL OF NONPROFIT
You may choose any school or nonprofit organization on our list. This list consists of Federally tax-exempt organizations. Other organizations may be permitted provided Service Provider can verify the non-profit status of the organization. Service Provider makes no representation as to the tax deductibility of the contribution or Reward to Your selected school or charity. You will need to contact the school or charity and Your tax advisor for further information regarding this issue. By this Agreement, You are hereby authorizing Service Provider to pay any Reward generated by You to the school or charity You have named in the registration process, payable pursuant to this Agreement. Service Provider does not represent any of the schools or charities listed in our database. Rewards generated on behalf of Your selected nonprofit are calculated and distributed as outlined below.
REGISTRATION
To use the Service, You are required to complete the registration form. You undertake to provide true, accurate, current and complete information about You as prompted by the registration form, and to notify Service Provider of any changes by amending Your details by stopping by a banking office or calling customer service.
REWARDS
Service Provider will pay a Reward (a financial rebate) to encourage use of its products and services. These Rewards can be in the form of a percentage of Your purchases for all or a select grouping of products or may take the form of a flat fee to encourage registration or the purchase of certain products or services. While these Rewards are constantly improved and are subject to change, we attempt to place timely and accurate information on the website and in promotional materials outlining the exact commission that will be paid to Your selected school or nonprofit for Your activity (i.e. a purchase; registration).
PAYMENT
Service Provider seeks to ensure that credit is given and payment is made to the appropriate school or nonprofit for the appropriate activity (activity may refer to purchases, registration, etc.). Should you suspect that any activity earning a Reward performed by You is not appearing on the statement of contribution provided to You, please notify us within fifteen (15) days after the activity. Upon receipt of the notification, we will attempt to reconcile the records.
Your selected school or nonprofit will be paid at least semi-annually provided the payment amount meets certain criteria listed below. Payments due pursuant to this Agreement of less than $25 will accrue to the following payment period. If Service Provider terminates Service, Service Provider may elect to cancel all payments of less than $25 for the final payment period, and any accrued Rewards will thereby be forfeited. If the school or nonprofit you have selected does not accrue at least $25 in a year, a default school or nonprofit selected by Service Provider may receive the benefit from Your activity. You may, however, choose to change Your selected school or nonprofit at any time.
RELATIONSHIP OF PARTIES
You understand that the terms of Your participation are between You and Service Provider, and that Service Provider does not have a contractual relationship with Your selected school or nonprofit. If Your selected school or nonprofit ever requests that it be excluded from our program, loses its nonprofit status, fails to keep an accurate address, fails to cash Reward checks or is removed for any reason, Service Provider will inactivate that particular nonprofit from its database. You will then be notified via email (if one is provided to us) that a default school or nonprofit will receive the benefit from Your activity. You may, however, choose to change Your selected school or nonprofit at any time.
PERSONAL INFORMATION
Service Provider will not disclose "personally identifiable" (i.e. name, address, phone #) information about You. Service Provider may disclose information regarding Your activity without releasing personally identifiable information about You. You have been asked if You will allow certain information to be forwarded to Your selected school or nonprofit during the sign up process. If You have granted us that permission, Service Provider may provide Your name, address, phone number and Reward amount to the school or nonprofit. We will not provide this information without Your permission. (See our online Privacy Policy).
NOTICE
This agreement is effective upon enrollment in the Service or use of the Service by You and shall continue until terminated by either party upon notice.
MODIFICATIONS
Service Provider may wish to change some or all of these Terms and Conditions, or to start charging for the Service or to modify or discontinue (temporarily or permanently) the Service. You will be notified of any such changes by mail or by an email if You have provided one. You do not have to accept such changes, but if You do not then Service Provider shall be entitled to terminate this agreement with You and to cease providing the Service to You.
Service Provider reserves the right to refuse any new member, advertiser, advertisements, or recipient schools or nonprofit organizations.
LIMITATIONS OF LIABILITY
Service Provider shall not be liable (whether in contract, tort, breach of statutory duty or otherwise) for any indirect, special or consequential damages (including, but not limited to, damages for loss of profits, use, or data) resulting from the use or the inability to use the Service, in respect to any goods or services purchased or obtained or messages received or transactions entered into through or from the Service or otherwise arising out of this Agreement even if Service Provider has been advised of the possibility of the same. Except in relation to such liability as has been expressly excluded, the maximum aggregate liability of Service Provider in contract, tort, statutory duty or otherwise (even where Service Provider has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to $50. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and Service Provider becomes liable for loss or damage that would otherwise have been limited.
DISQUALIFICATION
All the Rewards generated by You for schools or nonprofits may be disqualified at the sole discretion of Service Provider if You attempt (1) to disrupt Service Provider or circumvent the terms and conditions of this Agreement; (2) to use automated means to create Rewards or activity; (3) to sign up on behalf of another person; (4) to provide false or unverifiable information to Service Provider; or (5) to sign up multiple times. And, if any of the above or other attempts to defraud advertisers or Service Provider occur, Service Provider reserves the right to remedy any such action, disruption or circumvention in a manner determined solely by Service Provider that is fair and equitable to others, advertisers, and schools and nonprofits. Service Provider may not give notice in such an instance. All information posted and received is subject to final audit by Service Provider. If any of the items (1) through (5) occur, You hereby forfeit Your rights to privacy granted under this Agreement.
SERVICE PROVIDER'S PROPRIETARY RIGHTS
You acknowledge and agree that the intellectual property rights in the Service (including but not limited to any text, software, music, sound, photographs, graphics, video, or other material made available as part of the Service) shall remain vested in Service Provider or its licensors. You are permitted to use the Service and the material and information provided through it only as expressly authorized under these Terms and Conditions, and You may not copy, reproduce, translate, adapt, transmit, distribute, or create derivative works of such material content or information or any part of the Service without express authorization.
GENERAL
These Terms and Conditions comprise the entire agreement between You and Service Provider and supersede any prior agreements, arrangements or representations relating to the Service. The laws of the United States, and the State of Indiana shall govern these Terms and Conditions; both parties submit to the exclusive jurisdiction of the courts of Tippecanoe County, Indiana. Any notices to be given under these Terms and Conditions shall be made via email to the respective email address of the recipient (except in respect of notices of changes to the Terms and Conditions or any aspect of the Service which may be notified by displaying notices to You generally on the Service).
The failure of Service Provider to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed to be deleted and the other provisions of the Terms and Conditions shall remain in full force and effect. You may not assign, transfer, sub-contract or re-sell the Service or any of Your rights and obligations under these Terms and Conditions.
You must be at least 13 years old.