IMPORTANT

Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the SchoolBates Program (the "Program") or downloading the TBD (the "Software"). The SchoolBates program is operated by JW Austin Enterprises, LLC. ("JW Austin Enterprises", "SchoolBates", "us", "we" or "our") through its own Web site and other Web sites with whom it partners. This Agreement explains the terms and conditions governing membership in the Program (the "Program"), and it is your responsibility to read and understand them. The SchoolBates Program will donate cash rewards periodically as defined herein to valid school and/or school organization(s) of the Member's choice ("SchoolBates Reward(s)"). By enrolling as a member in the Program (a "Member", "Organization Leader", "Point Contact", "you" or "You"), you agree to be bound by the Program Terms and Conditions. Organization Leaders and Point Contacts have all the privileges and responsibilities of a Member plus the additional ones noted below. Enrollment is defined as providing SchoolBates with your valid email address and a password in which to access your account. Participation in the Program and its benefits are offered at the discretion of SchoolBates, and SchoolBates has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.

ELIGIBILITY

  1. You must be an individual, 18 years of age or older.
  2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of SchoolBates. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
  3. The Program is only available via access to the SchoolBates Web site (http://www.SchoolBates.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. We are not responsible for your inability to connect to the Internet, log into the SchoolBates Web site, or access your SchoolBates account.
  4. You must provide truthful and accurate registration information for your Account and keep such information related to your Account updated with current and valid information.
  5. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at SchoolBates. Refusal to abide by this or any other rules may result in SchoolBates stripping you of referrals and/or canceling your membership.

Accrual of SchoolBates Rewards

  1. Members' school and/or school organizations of choice will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with SchoolBates (a "Partner Merchant"). The percentage will be enumerated on the SchoolBates Web site as it relates to each Partner Merchant. The net purchase made from a participating Partner Merchant is determined by that Partner Merchant, in its sole discretion, and is reported to us. We do not control, and are not responsible for, Partner Merchants' determination of net purchases. Notwithstanding the foregoing, most Merchants define net purchase to be the total amount paid to Merchant minus fees or credits such as, but not limited to, tax, gift wrapping, shipping, promotional credits, returns, cancellations and transaction fees. All terms and conditions applicable on Merchant Web sites or other Merchant terms and conditions applicable to your purchase from Merchants are hereby incorporated into this Agreement by reference.
  2. As a Member, purchases made through SchoolBates Partner Merchants will be deemed a "Qualified Purchase" and will be subject to earn a SchoolBates Reward for your school and/or school organization of choice if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Partner Merchant's link that appears on the SchoolBates Web site and being successfully connected to the Partner Merchant's Web site based upon that click. 3) SchoolBates may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. 5) All purchases must be started and completed in one shopping session within the SchoolBates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for rewards for your school and/or school organizations of choice. 5) Users must not use coupons not listed on the SchoolBates website. 6) Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase. The determination of whether or not a purchase made through a SchoolBates Partner Merchant is a "Qualified Purchase" is at our sole discretion.
  3. SchoolBates Rewards awarded to your school and/or school organization of choice are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to school and/or school organization accounts at any time by SchoolBates at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the SchoolBates Program.
  4. For each Qualified Purchase made by you, the applicable SchoolBates Reward for your school and/or school organization of choice will be posted to your Account as soon as possible after a Qualified Purchase. Such posting is dependent upon periodic reports from our Partner Merchants. It is your responsibility to check your account regularly to ensure that SchoolBates Rewards for your school(s) and/or school organization(s) of choice have been properly credited and that such account balance(s) are accurate. If you do not believe that a SchoolBates Reward has been correctly credited to a school and/or school organization of choice, you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact SchoolBates Customer Care. Furthermore, all SchoolBates Rewards are subject to review and SchoolBates may apply necessary adjustments to school and/or school organization accounts at any time at its sole discretion. If you do not agree to adjustments made to your school and/or school organization of choice account, your only recourse will be to terminate your membership in the Program. SchoolBates reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
  5. SchoolBates is not responsible for changes to, or discontinuance of, any Partner Merchant, or any Partner Merchant withdrawal from the Program, or for any effect on accrual of SchoolBates Rewards caused by such changes, discontinuance, or withdrawal. SchoolBates is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Partner Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the SchoolBates site, we cannot guarantee that your purchase will be eligible as a Qualified Purchase.
  6. In the event that a Member makes a Qualified Purchase and the Member's school and/or school organization of choice account is credited with a reward for that Qualified Purchase, but the Member later returns such good(s), the reward previously credited to will be deducted from the school and/or school organization account.

ACCOUNT ACCESS AND PASSWORD

  1. Upon registration for the Program, you will select a password that will allow you to access your SchoolBates account (via the SchoolBates Web site) to view, verify, and modify your account information.
  2. You must be logged into your Account using your email address and password in order to access your Account and to check your Account status. There may at times be a lag in the posting of SchoolBates Rewards to your Account. We will make all reasonable efforts to post SchoolBates Rewards for your school and/or school organization of choice as soon as possible, but makes no commitment to such posting in any given time frame.
  3. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, security hint, and other account information confidential. Point Contacts are also responsible for maintaining the school and/or school organization information. Organization Leaders and Point Contacts are responsible for the replacement of a replacement Point Contact. Please be aware that we will NEVER initiate contact with you to request your username and/or password.

PAYMENT SCHEDULE

SchoolBates sends SchoolBates Rewards to school and/or school organizations of choice every three months, provided that the school and/or school organization has been chosen to receive SchoolBates Rewards from our Members of at least $25.00 USD. If a school and/or school organizations of choice has earned less than $25.00 in a SchoolBates Reward, SchoolBates will carry the school and/or school organization's SchoolBates Reward over to the next check period. Accrued SchoolBates Rewards will be dispersed to the school and/or school organizations on or around August 1st, November 1st, February 1st, or May 1st ("Payment Period"). In order for an accrued SchoolBates Reward to be eligible for payment on the above dates, the Qualified Purchase must occur 45 days prior to the payment date (by June 15th for a August 1st payment, September 15th for an November 1st payment, December 15th for a February 1st payment, March 15th for an May 1st payment). Also, payment of a Qualified Purchase must have been received by SchoolBates from the Partner Merchant in order to be included in the payment.

You are responsible for insuring the data entered is correct and to validate any school and/or school organization information provided by SchoolBates is accurate. The Point Contact is responsible for entering, correcting and maintaining information to insure we can contact them and forward SchoolBates Rewards to the school and/or school organization. Incorrect information may cause the donation to not be delivered to the school and/or school organization. If the data from the above entities is incorrect causing SchoolBates Rewards to not be delivered and the correct information cannot be validated by SchoolBates with reasonable business effort the SchoolBates Rewards will be forfeited to SchoolBates. If there is no registered Point Contact for the school and/or school organization with in 180 calendar days of the close a Payment Period the SchoolBates Reward will be forfeited. SchoolBates at its sole discretion may forward the forfeited SchoolBates Reward to another school and/or school organization after 180 days from the close of the Payment Period of the Qualified Purchase. SchoolBates will make reasonable business attempts to inform you of the lack of a registered Point Contact but is not required to notify of this or the forfeiture of SchoolBates Rewards. You agree to hold SchoolBates, Organization Leaders and Point Contact harmless for the forfeiture of any SchoolBates Rewards due to incorrect information.

DISCLOSURE OF ACCOUNT INFORMATION

We will collect, use, and sometimes share information provided by you and collected as a result of your use of SchoolBates. For more information on information collection, uses, and sharing, please see our Privacy Policy.

DISCLAIMER

THE SCHOOLBATES PROGRAM BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ORGANIZATION LEADERS AND POINT CONTACTS ARE ALSO MEMBERS AND ALL MEMBER'S TERMS IN THIS AGREEMENT ARE ALSO TERMS FOR ORGANIZATION LEADERS AND POINT CONTACTS .

THE SCHOOLBATES PROGRAM IS FOCUSED ON PROVIDING SCHOOLBATES REWARDS TO FAMILY FRIENDLY SCHOOL ORGANIZATIONS. WE RESERVE THE RIGHT TO REDESIGNATE SCHOOLBATES REWARDS TO THE SCHOOL OF CHOICE OR ANOTHER SCHOOL, IF IN OUR SOLE DISCRETION THE SCHOOL ORGANIZATION OF CHOICE DOES NOT REFLECT THESE GUIDELINES.

WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY PARTNER MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SCHOOLBATES WEB SITE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE SOFTWARE.

LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH WE HAVE A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY US. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY US IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY (VI) THE DECISION PROCESS OR THE DECISION(S) FOR THE USE OF THE SCHOOLBATES REWARDS.

YOU AGREE TO INDEMNIFY AND HOLD SCHOOLBATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

TERMINATION OR CHANGES TO THE PROGRAM

We reserve the right to terminate the Program at any time with notice. You will have sixty (60) days from the date of notice of Program termination for Members to accumulate rewards for their school and/or school organizations of choice. All rewards will be sent to the school of choice after all return periods for your purchases have passed. Notification of Program termination will be sent to the most recent e-mail address you have provided for your Account. We will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail online, or your failure to inform us of a change in your e-mail address.

We may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this Agreement regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

TERMINATION OF PROGRAM PARTICIPATION

Participation in the Program is subject to this Agreement. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or redemption of rewards, or any misrepresentation of any information furnished to us or our affiliates by you, or anyone acting on your behalf, may result in the termination of your ability to participate in the Program, cancellation of your Account and/or forfeiture of SchoolBates Reward for your school(s) and/or school organization(s) of choice. We reserve the right to terminate the Program at any time, including canceling all Accounts and any rewards accrued therein, at any time, for any reason. We also reserve the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked visits, either cookied or manually logged in. We will no longer allow user login under the username and password from such accounts.

DISPUTES/ERRORS

All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of SchoolBates Reward must be submitted in writing within 60 days of the Qualified Purchase, to SchoolBates at: Customer Service, SchoolBates, 3267 Bee Cave Road, Suite 107-212, Austin, TX 78746. Any such disputes shall be resolved by us at our sole discretion. All interpretations of this Agreement shall be at our sole discretion. In the event that an error is made by us, your sole remedy shall be the credit of the disputed reward to your school and/or school organization of choice account.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Our' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between us and the Merchants, between us and the Supplier, between us and the Member, between us and participating school(s) and/or school organization(s), or between us and any other of its partners. Neither the Merchants, the Suppliers, the Member, a participating school(s) and/or school organization(s), nor any partner shall have the ability to create any obligation on our behalf. This Agreement constitutes the entire agreement between you and us with respect to the SchoolBates Program.