PIPS REWARDS TERMS OF USE

Last Modified: October 23, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE ARE THE GENERAL AGREEMENT AND CONDITIONS GOVERNING YOUR USE OF OUR MOBILE APPLICATION, WEBSITE, AND ANY OF OUR OTHER SERVICES INCLUDING ANY OF OUR CHALLENGES, AND ANY UPDATES THERETO (COLLECTIVELY, THE “SERVICES”). THESE TERMS OF USE (THE “AGREEMENT”) SET FORTH THE AGREEMENT AND CONDITIONS GOVERNING YOUR USE OF OUR SERVICES.

I. INTRODUCTION

Welcome to PIPs Rewards. All of our Services, including our mobile application (the “App”) and our website (the “Site”) and the content and products made available through them (collectively, our “Services”), are provided to you by PIPs Rewards, a California non-profit corporation (“PIPS,” the “Company” “we,” “our,” or “us”). This Agreement describes your rights and responsibilities with regard to the Services. Use of the Services are governed by this Agreement and our Privacy Policy. This Agreement applies not only to users of the Services, but also to employees and interns, prospective employees and interns, our donors, volunteers, and other partners. By accessing or using the Services, you acknowledge that you have read, understood and agreed to be legally bound by and comply with this Agreement and our Privacy Policy. If you do not agree with this Agreement or our Privacy Policy, you may not use the Services. Even though you may have arrived to the Services through a website or mobile application operated or controlled by a third party, you understand and agree that this Agreement is entered into between you and PIPS.

II. MODIFICATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Agreement from time to time when you use the Services to determine if any changes have been made. You can determine when the Agreement was last revised by referring to the “Last Modified” notation above. If you use the Services after the amended Agreement have been posted, you will be deemed to have agreed to the amended Agreement. If any of the provisions of this Agreement are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Services.

III. ELIGIBILITY

In order to use the Services, the following must be true:

You are age 18 or over. Persons under the age of 18 are not permitted to use the Services unless their parent or legal guardian has consented in accordance with applicable law.
You are a resident of the United States. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. The Services are intended only for residents of the United States and prospective users outside the United States are not permitted to use the Services.
You have read and understood this Agreement and the Privacy Policy and agree to be bound by the Agreement and conditions set forth herein and in the Privacy Policy.

You understand and agree that satisfying the above requirements does not guarantee that you may use the Services. In addition to the above requirements, PIPS reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

IV. PIPs REWARDS PROGRAM

Membership

Membership in the PIPs Reward Program is free. To be eligible to earn or redeem PIPs, you must create a PIPs Member Account. Once you create a PIPs Member Account you become a member of the PIPs Reward Program. Your participation in the PIPs Reward Program is personal to you. As a member of the PIPs Reward Program (a ”Member”), you can earn and redeem PIPs in accordance with this Agreement. You are responsible for reviewing the balance in your PIPs Member Account on a regular basis and for checking to ensure that PIPs have been properly credited and debited in your PIPs Member Account. You may not have more than one PIPs Member Account. The sale, transfer, lending, exchange, pooling or barter of PIPs or any PIPs Member Account, other than by PIPS, is expressly prohibited and any action taken in breach of these Term of Service may result in the confiscation or cancellation of your PIPs and/or your PIPs Reward Account in PIPS’s sole discretion.

Earning PIPs

PIPs may be earned in a number of ways. PIPs may be earned by you when you take certain actions identified in your PIPs community. In addition, PIPS and certain partners (including employers and educational institutions that may offer a challenge) may create and/or offer special events and/or challenges together, and PIPs may be earned by you through your participation in these special events and/or challenges.

From time to time, PIPS may announce other ways that you can earn PIPs, such as upon creating your Membership Account. In such cases the terms of such awards, including the number of PIPs rewarded and any limitation on the number of Members eligible to receive PIPs shall be as determined by PIPS in its sole discretion. To earn PIPs you must reside in the United States, have Internet access, and have a valid working email account. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to earn PIPs unless their parent or legal guardian has consented in accordance with applicable law. PIPS is not responsible for tracking problems resulting from incorrect usage of the Services, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, partner errors or omissions, or from any other failure of tracking mechanisms.

PIPS will not be responsible for any PIPs it has not awarded to you where it was unable to make the award due to incorrect, incomplete, inaccurate or outdated PIPs Member Account information. If you believe that you have earned PIPs that do not appear in your account, you must contact PIPS Customer Support within sixty (60) days of the date of the event/challenge/purchase/order to which the discrepancy relates. If you fail to contact PIPS within that sixty (60)-day period, the PIPs noted in your PIPs Member Account shall be deemed to be accurate as of that date and your hereby waive any right to dispute the number of PIPs earned by you in connection with the transaction to which the discrepancy relates. At such time as PIPs are redeemable, it will be noted as “Available” in your PIPs Reward Account and thereafter you may redeem your PIPs in accordance with the terms of this Agreement (See “Redeeming PIPs” below). PIPS reserves the right to change the number of PIPs that may be earned for various earn opportunities and to impose limits and/or processing fees on PIPs earnings.

PIPS is not responsible for changes to or discontinuance of any program, earning or redemption opportunity, offering, event or challenge, or any Partner’s withdrawal from the PIPs Reward Program, or for any effect on accrual of PIPs caused by such changes, discontinuance or withdrawal.

Redeeming PIPs

Whenever it is noted in your PIPs Member Account that PIPs are “Available,” you may use those PIPs for various redemption options that may be made available by PIPS. Qualification for a given redemption is subject to specific conditions that are set in the sole discretion of PIPS and/or our Partners. Such conditions may be adjusted by PIPS and/or our Partners at any time. PIPS reserves the right to change the number of PIPs that may be required to redeem a reward or that may be used for various activities and to impose limits and/or processing fees on PIPs redemptions, donations, and investments. PIPs redemptions are subject to availability (which may be limited) of the redeemed product, service or other benefit (such as a scholarship), terms and conditions of the applicable Partner and/or as listed in connection with the redemption opportunity and may be subject to change at any time. In the event that a Partner refuses to honor a PIPs redemption for any reason, other than suspicion of theft or fraud, PIPS’s sole obligation will be to credit the PIPs Member Account of the Member for the number of PIPs that were to be redeemed. PIPs have no cash value, and you shall have no property rights or other legal interest in your PIPs Member Account or in any of the PIPs in your PIPs Member Account. PIPs are not redeemable for cash or any other form of currency or credit and cannot be returned, exchanged, refunded or replaced by cash or rewards other than those offered through our Services. PIPs are nonrefundable under any circumstances once PIPs are redeemed. You are responsible for any taxes that may be due on PIPs redeemed by you.

Notwithstanding anything to the contrary, PIPs in your Member Account shall expire at such time as (i) your Member Account is closed in accordance with this Agreement, (ii) you are a Member who is not participating through a Program and you have not earned more than 125 PIPs in a 24-month period, or (iii) you are no longer enrolled at the participating organization, the PIPs shall terminate and be cancelled six (6) months after your last day of enrollment.

Audit

PIPS reserves the right to (a) audit your PIPs Member Account at any time for compliance with this Agreement, without notice to you, and (b) to change accrued PIPs totals without notification if such audit reveals errors, inaccuracies or miscalculations.

Termination of PIPs Reward Program

PIPS reserves the right to terminate the PIPs Reward Program in whole or in part at any time with or without notice and without any further liability or obligation to you.

V. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of any passwords associated with any account you have in connection with our Services, monitoring all activity under the account, and assuming full responsibility for all activities that occur under your account. PIPS is entitled to act on instructions received under your username and password. PIPS is not responsible for any redemptions made in your PIPs Member Account by someone else who uses your name or password. PIPS is not responsible for any other losses or liabilities incurred through use of your password by a third party. PIPS reserves the right to close a PIPs Member Account under certain circumstances, as reasonably determined by PIPS in its sole discretion, including in cases where a student Member is no longer enrolled at the participating organization, in which case PIPS reserves the right to terminate the PIPs Member Account on the date that is six (6) months after the last day on which the student was enrolled at the applicable organization, as well as in cases of general Member inactivity.

VI. RESTRICTIONS ON USE

You will not use, or encourage or permit others to use, our Services except as expressly permitted in this Agreement. You will not:

Use or attempt to use the Services for any person other than yourself;
Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by this Agreement;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or related materials in any way;
Take any action or use the Services in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Services or any content, in whole or in part;
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Services or any computer network;
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by PIPS or any of our service providers to protect our Services;
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Services or any content made available to you on or through our Services;
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to PIPS or third-party content from the Services; or
Encourage or enable any other individual to do any of the foregoing.

VII. INTELLECTUAL PROPERTY

A. Generally

As between PIPS and you, PIPS is the sole and exclusive owner of all right, title and interest in and to the Services and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services shall be owned solely and exclusively by PIPS or its licensors, including all intellectual property rights therein. You have permission to use the Services solely for your personal and non-commercial use on the condition that you comply with this Agreement. No other right, title or interest in or to the Services are transferred to you, and all rights not expressly granted are reserved by us.

Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos (“Trademarks”) of PIPS. You are not authorized to use any such Trademarks without the express written permission of PIPS. Ownership of all such Trademarks and the goodwill associated therewith remains with us.

B. License and Use

Subject to your compliance with this Agreement, PIPS grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Services and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Services are transferred to you, and all rights not expressly granted are reserved by PIPS or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

VIII. DONATIONS

When you make a donation to our cause, we ask you to provide certain financial information that we need in order to complete your gift. We use a third party provider to process your donation. We do not store any payment card information (e.g., credit card number, expiration date, and CVV) with respect to donations made online, by phone, or in person at fundraising events, via credit card. All payment card information is stored by our trusted third-party payment processors. If you make a donation online, your information will be added to one or more of our supporter lists and databases, and you may be contacted about other PIPS activities, news, and/or fundraising campaigns.

IX. PRIVACY

PIPS understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy for a description of how we may collect, use and disclose your information in connection with the Services.

X. COMMUNICATIONS: OPT-OUT

As part of your use of the Services, you may be asked to elect to receive certain email notifications from PIPS. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from PIPS. You may opt-out of receiving certain notifications in association with the Services and PIPS by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.

XI. LINKS TO THIRD-PARTY HYPERLINKS AND SERVICES

The Services may contain hyperlinks or references to other websites (“Linked Websites”) operated by third parties. The Linked Websites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Website, including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Websites. We are providing these Linked Websites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Websites or any association with its operators. Your use of these Linked Websites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Websites.

You may have arrived to the Services through a Linked Website. You understand and agree that we are not responsible for the information, products or services described on those Linked Websites and only this Agreement will apply to your use of or access to the Services.

XII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, THE MOBILE APPLICATIONS, AND THE CHALLENGES AND OTHER EVENTS THAT YOU MAY PARTICIPATE IN, THE MATERIALS ON THE SITE AND PROVIDED THROUGH THE MOBILE APPLICATIONS, AND THE SOFTWARE MADE AVAILABLE ON THE SITE AND THROUGH THE MOBILE APPLICATIONS, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND PIPS AND THEIR RESPECTIVE AFFILIATES, AGENTS, LICENSORS, CONTENT PROVIDERS, OFFICERS, MANAGERS, DIRECTORS, TRUSTEES, EMPLOYEES, PARTNERS, SUPPLIERS, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS AND THEIR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, QUALITY, RELIABILITY, HEALTH BENEFITS, SAFETY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. PIPS AND THE RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND PIPS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR PARTICIPATION IN, ACCESS TO, OR INABILITY TO ACCESS, OUR SERVICES, INCLUDING , BUT NOT LIMITED TO, ANY INJURY OR DEATH THAT MAY OCCUR AS A RESULT OF YOUR PARTICIPATION IN ANY CHALLENGE OR OTHER EVENT THAT YOU MAY PARTICIPATE IN THAT IS OFFERED BY OR THROUGH THE SERVICES OR YOUR INABILITY TO RECEIVE PIPS IN CONNECTION WITH ANY TRANSACTION. NEITHER PIPSNOR ANY OF THE RELATED PARTIES ARE RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, NO COMPANY RELATED PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT NEITHER PIPS NOR ANY OTHER RELATED PARTY WILL BE LIABLE FOR ANY COSTS, DAMAGES OR OTHER LOSSES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY COMPANY PARTNER AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST PIPS, AND THE OTHER RELATED PARTIES. PIPS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY ANY OF OUR PARTNERS; ANY ACT OR OMISSION BY PIPS IN ADMINISTERING THE SERVICES OR THE PIPS REWARD PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF OUR PARTNERS , EVEN IF PIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NEITHER PIPS NOR ANY OF THE OTHER RELATED PARTIES ASSUME RESPONSIBILITY OR LIABILITY FOR ANY CONSEQUENCE, INJURY OR DEATH RELATING TO OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, CHALLENGES OR EVENTS OR ACTIVITIES AVAILABLE VIA THE SERVICES. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, CHALLENGES, EVENTS AND ACTIVITIES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PIPS NOR THE OTHER RELATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL PIPS OR ANY OF THE OTHER RELATED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR ANY ITEM PURCHASED THROUGH THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, WEBSITES OR MOBILE APPLICATIONS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THROUGH THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT PIPS IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY, ACCURACY, CONTENT, RELIABILITY OR ADVERTISING OF THE MERCHANDISE OR SERVICES OFFERED BY ANY COMPANY PARTNER. THESE LIMITATIONS WILL APPLY WHETHER OR NOT PIPS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN THE EVENT OF ANY LIABILITY, PIPS AND THE RELATED PARTIES SHALL BE COLLECTIVELY LIABLE ONLY TO THE EXTENT OF DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $50. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

SEE “ADDITIONAL TERMS FOR ACTIVITIES (INCLUDING CHALLENGES AND OTHER EVENTS)” FOR ADDITIONAL WAIVERS AND RELEASES.

XIII. ADDITIONAL TERMS FOR ACTIVITIES (INCLUDING CHALLENGES, INCLUDING FITNESS CHALLENGES, AND OTHER EVENTS)

In addition to the other terms, conditions, waivers and limitations on liability set forth in this Agreement, the terms below apply specifically to your participation in any challenge or other event offered by or through the Services. PIPS reserves the right to terminate any challenge, or any event offered by or through the Services, in whole or in part, at any time with or without notice and without further liability or obligation to you. You hereby waive and release PIPS and other Related Parties from any and all claims, demands, actions, damages (including those that are actual, direct and/or consequential), losses, costs and/or expenses of every kind and nature, known or unknown, disclosed or undisclosed, that may arise as a result of the Services, including as a result of your participation in a challenge or event offered by or through the Services.

YOU HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES OFFERED BY OR THROUGH THE SERVICES INCLUDING ANY/AND ALL CHALLENGES, EVENTS AND ACTIVITIES (collectively, “Activities”), including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

If you participate in any Activities, to the extent applicable, you certify that you are physically fit, have sufficiently prepared or trained for participation in the Activity, and have not been advised to not participate by a qualified medical professional. You certify that there are no health-related reasons or problems which preclude your participation in the Activities in which you participate.

You acknowledge that waivers and releases contained in this Agreement will be used by PIPS, its Partners, and the Related Parties involved in the Activity in which you participate, and that they will govern your actions and responsibilities with respect to said Activity.

In consideration of your permission to participate in any Activity, you hereby take action for yourself, your executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from any Activity, THE FOLLOWING ENTITIES OR PERSONS: PIPS, and the other Related Parties and/or their directors, trustees, officers, managers, members, employees, volunteers, representatives, and agents, and any activity holders, sponsors, and volunteers;

(B) I PROMISE NOT TO SUE THE ENTITIES AND PERSONS MENTIONED HEREIN AND I INDEMNIFY AND HOLD HARMLESS the entities and persons mentioned herein from any and all liabilities or claims made as a result of my participation in an Activity, whether caused by negligence or otherwise.

I acknowledge that PIPS, and the Related Parties and their directors, trustees, officers, managers, members, employees, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific Activity on their behalf.

I acknowledge that the Activities may involve a test of a person’s physical and mental limits and carry with them the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Activities. These risks are not only inherent to participants but are also present for volunteers.

I understand while participating in an Activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by PIPS.

The waivers and releases contained in this Agreement shall be construed broadly to provide releases and waivers to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS AGREEMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS AGREEMENT CONTAINS THE ABOVE RELEASE OF LIABILITY AND I ACCEPT AND AGREE TO ITS TERMS OF MY OWN FREE WILL.

XIV. INDEMNIFICATION

You agree to indemnify, defend, and hold PIPS and any of its officers, directors, employees, licensors, and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of this Agreement or an other agreement, (ii) your use of content or data available on the Services in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

XV. MODIFICATIONS TO THE SERVICES

PIPS reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services, or any portion thereof, with or without notice. You agree that PIPS shall not be liable to you and/or to any third party for any modification, suspension, or discontinuance of the Services.

XVI. MISCELLANEOUS

The Agreement set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with this Agreement does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

The Services are controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. This Agreement will be governed by the laws of the State of California without regard to conflicts of law principles. Any legal action or proceeding with respect to this Agreement or any other agreement must be brought and determined in courts located in Berkeley, California or the county in which we primarily operate (and may not be brought or determined in any other forum or jurisdiction), and each party hereto submits with regard to any action or proceeding for itself and in respect of its property, generally and unconditionally, to the sole and exclusive jurisdiction of the aforesaid courts.

XVII. CONTACT INFORMATION

If you have any questions or concerns, please contact [email protected].