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Important information about the Kina Rewards Program and this Agreement

 

 ​​Last Updated: 06/01/2024

1. Overview

This Kina Rewards Terms and Conditions document describes how the Kina Rewards Program (the “Program”) works and forms a legal agreement between you, the end user, and Kina Technologies, Inc. (“Kina”) that applies each time you use or access the Kina website at https://www.kinarewards.com/ mobile application made available to end users, and/or any Kina services through any means and their associated content, features, tools, and materials (collectively, the “Platform”). By participating in the Program, you agree to be bound by the terms and conditions for the Program, the terms of use for the Platform and the Privacy Policy, as well as any other terms and conditions which you may accept to receive additional services on the Kina Platform, each of which apply every time you use or access the Platform and the additional services, as appliable, and each of which is a legally binding contract between you and Kina regarding your participation in the Program and is incorporated by reference herein. You should therefore read these Terms and Conditions carefully as they govern your use of the Platform and its functionality. IN PARTICULAR, THIS DOCUMENT CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS AGREEMENT.

Your participation in the Program is expressly conditioned upon your acceptance of this Agreement and compliance with all present and future Program rules, terms, regulations, policies and procedures that Kina may, in its discretion, adopt from time to time. You agree that use of your Account or any feature of this Program indicates your acceptance of the terms of this Agreement. Interpretation of this Agreement and any other Program rules shall be at Kina’s sole discretion. You acknowledge that this Program is offered by Kina and not by the owner, manager or any third party affiliated with the property or land for which you pay tuition (your “tuitional Provider”) , and you agree that this Agreement is between you and Kina, and that your tuitional Provider is not a party to such Agreement. You expressly acknowledge that your tuitional Provider shall have no liability under the Program, this Agreement or any other agreement between you and Kina related to the Program.

2. Definitions

In this document, the following words have the special meanings below:

  •   “Kina,” “Company,” “we,” or “our” shall mean Kina Rewards Inc., the sponsor of the Kina Rewards Program;

  •   “Program” shall mean the Kina Rewards Program;

  •   “Agreement” or “Program Rules” shall refer to the Kina Rewards Program terms and conditions, along with any other rules, terms, regulations, and policies and procedures that Kina may issue in writing in conjunction with the Program, which shall, in Kina’s discretion, be incorporated therein by reference hereto;

  •   “Member,” “Rewards Member,” “you” or “your” shall mean the person who elects to earn Points on tuition and/or Qualifying Purchases by enrolling in the Kina Rewards Program, who is responsible for the Program Membership Account and compliance with this Agreement;

    •   “Points” shall mean points earned by Members through use of the Program for payment of tuition and other Qualifying Purchases;

    •   “Membership Account” or “Account” shall mean the Program account through which the Member participates in the Program;

    •   “Tuition” shall mean the regular payment made to a school or daycare for childcare or educational service provided, as further discussed in section 6 of this Agreement, titled “How You Can Earn Points;”

    •   “Kina App” or “App” shall mean the Kina Rewards Loyalty Application that may be used with the Program, which can be downloaded from the Apple App Store or Google Play;

    •   “Website” shall mean www.Kinarewards.com or any other applicable Kina website relating to the Program;

    •   “Inactive Account” means a Membership Account for which there has been no activity for 18 months. Activity for the purposes this definition means: ; i) tuition payments made through your Membership Account; ii) Qualified Purchases made with a Member’s Co-Brand Credit Card, if applicable (see section 6, below); iii) any redemption made using Kina Points; or iv) any participation in a promotional sweepstakes offered by Kina.

    •   “Tier Status” means the membership tier level achieved based on the level of Tuition spend and non-Tuition spend on your Membership Account, which is further defined in the section 7, “Tier Status and Benefits;”

    •   “Bank” shall mean any Bank partner of the Kina Co-Branded Credit Card;

    •   “In-network” shall mean a daycare or school within the Kina Rewards Network that is confirmed to be in-network when you enter your institution in the Kina App or Website;

    •   “Out of network” shall mean a daycare or school that is not part of the Kina Rewards Network, and is listed as out of network when you enter your institution in the Kina App or Website;

    •   “Authorized user” shall mean anyone legally authorized by you to use your Membership Account;

    •   “Points” are Kina points that may be earned under the Program and redeemed for certain rewards as provided under this Agreement and other Program rules as established by Kina from time to time;

    •   “Expiration” shall mean the expiration of your Kina Points after eighteen (18) months of Account inactivity, as discussed in more detail in the section 10 of this Agreement, titled “How You Could Lose Your Points/Point Expiration”;

 

3. Eligibility

The Program is offered only to (a) legal residents in the fifty (50) United States, the District of Columbia, and the United States territories and (b) who are at least eighteen (18) years of age or older and have reached the age of majority in their jurisdiction of legal residence at the time of participation.

Only individuals are eligible to participate in the Program, and each individual may maintain only one (1) Membership. Corporations, groups, and/or associated entities cannot enroll as Members. You must be legally competent to enter into contracts to participate in the Program. Kina reserves the right to limit the number of Members in the Program. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Program.

4. Changes to This Agreement

We may make changes to the Program and the terms of this Agreement at any time and at our sole discretion. For example, we may temporarily or permanently prohibit you from earning Points, using Points you’ve already earned, or using any features of the Program at any time and at our sole discretion, and/or we may:

  •   add new Program terms, delete Program terms, or change existing Program terms;

  •   change how you earn Points;

  •   change how you may use Points;

  •   change what you can get with your Points; and/or

  •   expire Points.

We may supplement this Agreement with additional terms, conditions, disclosures, and agreements that will be considered part of this Agreement.

We reserve the right to terminate, expire, modify or restrict any aspect of the Program at any time with or without notice, including cancellation of your Membership in the Program with or without cause.

This version of the Agreement replaces and supersedes any and all earlier versions, including, without limitation, those that were called “Rewards Program Rules and Regulations.” We may continue to refer to this Agreement as the Rewards Program Rules and Regulations in communications about the Program and in supplemental terms, conditions, disclosures, and agreements. Your continued participation in the Program after implementation of this Agreement signifies your acceptance of such changes.

5. Notice of Changes

We’ll give you fourty five(45) days’ notice of the following types of changes to the Program or this Agreement:

  •   if we add or increase fees applicable to the Program;

  •   if we change the rate at which you earn Points;

  •   if we limit the number of Points you can earn;

  •   if we change Bank partner;

  •   if we cancel the Program.

Please note that Kina reserves the right to change the terms and conditions of this Program by posting a revised set of terms or mailing and/or e-mailing notice thereof to You. We’ll send this notice to you in writing, which, at our option, may be delivered to you electronically by email or through our online services, such as by posting notice and/or a revised set of terms on the Kina App or Website or providing in some other way on the Platform. It is your responsibility to keep your contact information curtuition and up-to-date.

We’ll give you notice of other changes to the Program or Agreement by posting an updated copy of this Agreement when you log in to our Website, www.kinarewards.com. Kina may add, modify, or delete any aspect, component, or feature of the Program, but Kina is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Program following any announced change will be deemed as conclusive acceptance of any change to the Terms of Use. Accordingly, please review the Terms of Use periodically.

We won’t provide notice when we change what you can get with your Points. You understand and agree that we can make these changes at any time. You can see what you curtuitionly can get with your Points when you access the Kina App or Website. Future availability of any specific items isn’t guaranteed. Your continued participation in the Program after we make any change signifies your acceptance of such changes.

6. How You Can Earn Points

Members can earn points in one of the following ways:

  •   Members will earn Points when they pay tuition at an In-Network daycare or school (defined below) through the Kina App or Website or when they pay tuition to a daycare or school that is not In-Network.

  • Members may not earn Points by using third party wallets, cards or other products to switch the method of payment to or from their Kina account following the completion of a purchase.

Bonus Offer Points:

Kina may also offer you ways to earn Bonus Points through the Rewards Program or with third-party partners, such as special promotional offers (“promotional offers” or “bonus offers”), as described in more detail in section 8, below.

You may view your earned and unredeemed Points on the Kina App or Website by logging into your Membership Account.

7. Tier Status and Benefits

The Program will include Tier Status, which can be earned through qualifying points (“Qualifying Points") and/or through a fast track based on cumulative spend (“Fast Track”), as defined below.

Through Qualifying Points, you will achieve Tier Status as outlined below:

  • Green Status: Members who earned less than Fifty Thousand (50,000) Points in a calendar year.

  • Purple Status: Members who earned between Fifty Thousand (50,000) and One Hundred Twenty Four Thousand Nine Hundred Ninety Nine (124,999) Points in a calendar year.

  • Gold Status: Members who earned between One Hundred Twenty Five Thousand (125,000) and One Hundred Ninety Nine Thousand Nine Hundred Ninety Nine (199,999) Points in a calendar year.

  • Platinum Status: Members who earned at least Two Hundred Thousand (200,000) Points in a calendar year

8. Ways to Earn Bonus Points

We may offer you ways to earn Bonus Points through the Program or with third- party partners, such as special promotional offers. You’ll find out more about the number of Bonus Points you can earn and any other terms at the time of the offer. The additional terms for those Offers are incorporated by reference herein as part of this Agreement. Taking advantage of Offers is optional and such Offers may be subject to any such third party’s additional terms and conditions that are outside of Kina’s control. Kina is not liable for the actions of those parties and their implementation of such additional terms and conditions. It is the Member’s responsibility to read carefully and comply with any terms and conditions imposed in connection with any Offer.

Points will be considered earned when posted to your Member Account, based on the Qualifying Purchases or tuition paid with your Membership Account, plus any Bonus Points posted, if any, but minus any returns or refunds. If you have returns or refunds more than Points earned from Qualifying Purchases, tuition payment, or Bonus Offers, then the associated Points will be deducted from your total Point balance and may result in a negative Point balance.

You’ll see the total Points you’ve earned reflected on the Kina App or Website.

We may, from time to time, provide additional ways for you to see Points you’ve earned, such as through Kinarewards.com.

9. How You Can Use Your Points

You can use your Points to redeem for any available reward options. Options may include:

  •   Transfer of Points to participating frequent travel Programs;

  •   Reward partners

  •   Kina monthly goods;

We may occasionally provide additional ways for you to use your Points, in addition to those described in this Agreement.

Redemption values for reward options vary. You are responsible for how Points are used, including if you allow Authorized users to access your Points. To use your Points, minimum and maximum amounts may apply. We’ll let you know about any minimum or maximum amounts, as well as any additional terms and conditions, before you use your Points. Once Points have been used, the transaction is considered final and may not be cancelled unless otherwise noted at the time of the transaction.

10.  How You Could Lose Your Points/Point Expiration

Your Points don’t expire as long as your Membership Account is open and active, however, you will immediately lose all your Points if your Account status changes to inactive, or your Account is closed, for any of the following reasons:

  •   you fail to comply with this Agreement or any other agreement you have with Kina;

  •   you file for bankruptcy;

  •   we believe that you’ve engaged in fraudulent activity related to your Account or the Program;

  •   we believe that you’ve misused the Program in any way, for example:

  •   by the unauthorized buying or selling of Points, unless expressly authorized through the Kina App or Website;

  •   by moving or transferring Points to an ineligible third party or account;

  •   by repeatedly opening or otherwise maintaining Membership Accounts for the purpose of generating Points or rewards.

Upon cancellation of your Membership Account for any reason, you will lose all Points immediately, regardless of when or how they were acquired.

If we decide to cancel the Program, you’ll have at least thirty (30) days from the date we cancel the Program to use your Points, as long as you don’t lose them for any of the reasons described in this Agreement. If you don’t use your Points during that time, you’ll lose them.

We won’t reinstate Points you lose, unless we’ve determined, in our sole discretion, there has been an error.

11.  Caution and Warning

Kina reserves the right to reject, revoke, cancel, terminate, or suspend any Membership, benefit, and/or any and all Points, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Kina, in its sole discretion, believes: (a) the Member has (1) violated any of the Program rules; (2) abused the Program or acted in a manner to illegitimately accumulate Points; (3) acted in a manner inconsistent with applicable law, regulations or ordinances; (4) engaged in any misconduct or wrongdoing in connection with the Program; or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program; or

(b) Kina’s provision of the Program and/or any associated benefits to Member may violate any applicable laws to which Kina is subject from time to time.

Any attempt to deliberately damage or undermine the legitimate operation of the Program or the Kina App or Website may be a violation of criminal and civil laws. Should such an attempt be made, Kina reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation by a Member may subject that Member to cancellation of his/her Membership and will affect eligibility for future participation in the Program. Kina reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event a Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentations to Kina.

12.  Corrections/Negative Points Balance

At any time and in the sole discretion of Kina (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), Kina may correct (i) the amount of Points credited to a Member’s Account, and (ii) any other Reward that has been credited to a Member’s Account. If, after a correction, or for any other reason, you have a negative balance in your Rewards Account, any Points you subsequently receive will be applied first to reduce the negative balance. You will not be able to use Points until your balance becomes positive. The balance in your Rewards Account can be negative if, for example:

The Points you received for a purchase are reversed because you returned the purchase and you do not have enough Points in your Rewards Account to cover the reversal; or

We determine that you are ineligible to receive a Points incentive award, and you do not have enough Points in your Rewards Account to cover the reversal of that award.

Kina reserves the right to invoice you for Points received for which Kina subsequently determined you were ineligible, which Kina may later seek to collect subject to this Section 12.

13.  Termination/Cancellation

The Program has no predetermined termination date and may continue until such time as we, at our sole discretion, elect to designate a Program termination date. We may, in our sole discretion, terminate the Program, in whole or in part, at any time, with thirty (30) days’ notice, which may result in loss of accumulated Points and Rewards and the cancellation of all benefits and privileges associated with the Program. If we decide to cancel the Program, you’ll have at least thirty (30) days from the date we cancel the Program to use your Points, as long as you don’t lose them for any of the reasons described in this Agreement. If you don’t use your Points during that time, you’ll lose them. If you wish to cancel your participation in the Program, you may contact our customer service team at hello@kinarewards.com.

14.  Other Important Information You Should Know

Notwithstanding the foregoing, Kina’s failure to exercise any of its rights under these Program rules or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights.

Events beyond Kina’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism, or war, which may materially affect our ability to perform, will allow Kina to suspend or terminate the Program.

All dollar amounts referred to in this Agreement are in U.S. dollars (USD).

We may assign our rights and obligations under this Agreement to a third party, who will then be entitled to any of our rights that we assign to them.

We’re not responsible for any disputes about the Program you may have with any Authorized Users on your account.

Notwithstanding anything to the contrary herein or in the Privacy Policy, you hereby agree that Kina Rewards Inc. may use transaction information regarding transactions you make on third-party cards that you link for use in connection with participation in the Service to enable any applicable Payment Card Network (Mastercard, Amex, Visa or Discover) to monitor activity on your payment card to identify, track and record transactions and share such transaction data in order to receive rewards in connection with the Program.

The merchants and third party service providers that participate in the Program are not affiliated with us and are not sponsors or co-sponsors of the Program. All participating merchant and third party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third party service providers are subject to change without notice.

Participating merchants and third party service providers are solely responsible for the quality and performance of any products or services they provide. Kina is not responsible for any aspects of the products and services provided by participating merchants or third party service providers.

The Program is void where prohibited by federal, state, or local law.

This Agreement and use of the Program is governed by federal law, as well as the law of Delaware, and will apply no matter where you live or use the Program.

15.  Communications

We may send communications about the Program and marketing messages to you at any mailing or email address in our records or through our online services, such as SMS or the Kina App or Website.

By providing your phone number and enrolling in the Program, you are providing Kina or our agents your express consent to receive marketing messages, SMS, and texts, including by automated means, at the number provided, even if the number is on a corporate, state, or national Do Not Call list. You acknowledge and agree that you are not required to agree as a condition of any purchase or service, and you represent that you are at least 18 years old and the age of majority in your jurisdiction of legal residence. To opt-out of marketing messages, please contact our Customer Service team at hello@kinarewards.com.

Let us know right away about any changes to your contact information in the Kina App or Website.

16.  Telephone Monitoring

You agree that Kina and its third party service providers may listen to and record telephone calls as part of providing Program services.

17.  LIMITATION OF LIABILITY AND RELEASE

BY ENROLLING IN THE PROGRAM, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THIS AGREEMENT; (B) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST KINA, ITS PAtuition OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FIDEL LTD., REWARDS NETWORK ESTABLISHMENT SERVICES, INC. AND ANY APPLICABLE PAYMENT CARD NETWORK (MASTERCARD, AMEX, VISA OR DISCOVER) (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE PROGRAM AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION,

PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS’ OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE PROGRAM AND/OR KINA APP OR WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR ANY OFFER OR BENEFIT; (II) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN THESE RULES OR ANY PROGRAM MATERIALS, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS FROM MEMBER ACCOUNTS; (III) ANY CHANGE IN ANY BENEFIT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY OR DUE TO REASONS BEYOND KINA’S CONTROL; (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE PROGRAM OR ANY COMPONENT THEREOF; (V) HUMAN ERROR;

(VI) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE KINA APP OR WEBSITE, COMPUTER SYSTEM, POS, COMPUTER TIMING AND/OR DATING MECHANISM, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY ANY OF THE RELEASED PARTIES OR BY YOU; (VII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY; (VIII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE, POINTS, OFFERS, DISCOUNTS OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF); (IX) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, OFFERS, DISCOUNTS, OR OTHER BENEFIT; AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT.

THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR THE ACCEPTANCE OR USE OF ANY BENEFIT. BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS, HEIRS, EXECUTORS, AND ADMINISTRATORS, AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY POINTS, OFFER, REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PANDEMICS/EPIDEMICS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.

THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE.

THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

18.  DISCLAIMER OF ALL WARRANTIES

WITHOUT LIMITING THE FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PROGRAM, KINA APP OR WEBSITE, AND ALL POINTS, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

NEITHER KINA NOR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES, INCLUDING FIDEL LTD., REWARDS NETWORK ESTABLISHMENT SERVICES, INC. AND PAYMENT CARD NETWORKS (VISA, MASTERCARD AND AMEX), WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

NEITHER THE PROGRAM NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY MEMBERS AGAINST KINA. A MEMBER’S USE OF THE PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.

19.  Severability

The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of this Agreement should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this Agreement in such a manner as to enable the remaining portions of this Agreement to remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement. It is expressly understood and agreed between you and Kina that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.

20.  Enforceability and Governing Law

The failure of Kina to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement constitutes the entire Agreement between you and Kina with regard to your use of the Program and any previous Agreement that may exist between you and Kina is hereby superseded. This Agreement cannot be changed or modified by you except as posted by Kina. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Program is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of California govern your access to and use of the Program and the terms of this Agreement.

21.  Dispute Resolution

THIS SECTION AFFECTS YOUR RIGHTS, SO PLEASE READ CAREFULLY.

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through non- appearance based final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory. The exclusive venue of such arbitration shall be in Los Angeles, California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. This arbitration provision shall survive the termination of this Agreement for any reason. Notwithstanding the foregoing, Kina may bring a claim for injunctive relief against your violation of this Agreement in any court of competent jurisdiction. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would.

22.  Privacy

For an explanation of Kina’s practices and policies relating to the collection, use, and storage of Member personal information, please refer to Kina’s Privacy Policy. Kina, its agents, affiliates, subsidiaries, representatives or service providers may use Members’ personal information for purposes of Point fulfilment and/or for future marketing, such as to notify them of a product or promotion that may be of interest.