Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the MISSION TUITION and partners Shopping Cash Back Rewards Program (the "Program") or using any MISSION TUITION and partners software ("Software"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program ("Member"), or by utilizing Software, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing MISSION TUITION and partners with your valid email address and a password in which to access your account. Utilizing MISSION TUITION and partners Software does not confer the status of "Member" until the Software user completes the enrollment process. Participation in the Program and its benefits are offered at the discretion of MISSION TUITION and partners, and MISSION TUITION and partners has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
- Registration. You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a U.S. citizen or residing in the United States or its territories. You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information in the appropriate section of the MISSION TUITION website.
- Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of MISSION TUITION and partners. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
- Fees. Membership is completely free, We do not charge any fees to become a Mission Tuition member.
- You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. MISSION TUITION and partners is not responsible for your inability to connect to the Internet, log into the MISSION TUITION Web site, or to access your MISSION TUITION account.
Accrual of Cash Back
- Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases they make at the stores affiliated with and accessed via MISSION TUITION and partners ("Affiliated Stores"). The specific cash back payment associated with each Affiliated Store will be posted on MISSION TUITION.com. The net purchase is defined as the total amount paid to the store minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Store defines on their respective Web site. All Affiliated Store membership and/or operating agreements as they relate to their affiliate or partner programs with MISSION TUITION and partners and which reside on the Affiliated Store's respective Web sites are hereby incorporated into this Agreement by reference.
- As a Member, purchases made through MISSION TUITION and partners Affiliated Stores will be deemed "Qualified Purchases" and will earn cash back if and only if all of the following criteria are satisfied. "Cookies", both first and third party (if applicable), must be enabled on your Web browser. All potential Qualified Purchases must begin by clicking on a MISSION TUITION link to the Affiliated Store. The MISSION TUITION link to an Affiliated Store must not be altered. All purchases must be started and completed in one shopping session after the member clicks through to an Affiliated Store via the MISSION TUITION link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. Purchases must not use coupons provided by any party other than MISSION TUITION and partners. Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed a "Qualified Purchase."
- The determination of whether or not a purchase made through a MISSION TUITION and partners Affiliated Store is a "Qualified Purchase" is at the sole discretion of MISSION TUITION and partners. All cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by MISSION TUITION and partners at their sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. MISSION TUITION and partners 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.
- If an Affiliated Store fails to report a transaction to MISSION TUITION, or withholds payment to MISSION TUITION for any reason, MISSION TUITION reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by MISSION TUITION and partners at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
- In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
- There are a limited number of purchases that are not eligible for accrual or payment of cash back rewards. We do our best to maintain an up-to-date list on our cash back exclusions page. Please note that affiliated stores regularly change policies and if an affiliated store fails to report a transaction to MISSION TUITION, or withholds payment to MISSION TUITION for any reason, MISSION TUITION and partners reserves the right to cancel the cash back reward associated with that transaction.
- It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your account you must contact MISSION TUITION's Customer Service within 90 days of the transaction.
- MISSION TUITION and partners is not responsible for changes to, or discontinuance of, any Affiliated Store, or for any Affiliated Store withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. MISSION TUITION and partners is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Store 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 MISSION TUITION and partners site, we cannot guarantee that you will be eligible to receive a MISSION TUITION cash back reward on your purchases.
- MISSION TUITION and partners pays its members accrued cash back and other monetary awards monthly, at a minimum. Each payment represents accruals credited during the previous quarter based on the schedule below. Members must have accrued at least $5.01 cash back during the previous month to receive payment. Account balances below $5.01 will be carried over to the following payment period.
Please note that orders from certain merchants cannot be paid according to the typical schedule and must be held for 75-90 days following purchase based on the Affiliated Store return and payment policy. We do our best to maintain a list of stores whose payment policies delay our ability to pay members cash back on our delayed cash back page. MISSION TUITION and partners reserves the right to delay payment based on changes to store policies and procedures at any time.
- It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cash back rewards to MISSION TUITION and partners. MISSION TUITION and partners is not responsible for any misapplied payments or payments sent to the wrong address if these errors were caused by inaccurate email or contact information provided by you. We are also not liable for errors made by payment partners like PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
Account Access & Password
- Upon registration for the Program, you will select a password that will allow you to access your MISSION TUITION and partners account (via the MISSION TUITION Web site) to verify transfers, check account balances, and modify your account information.
- You must be logged into MISSION TUITION and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time via the Mission Tuition Website.
- MISSION TUITION and partners is 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, account numbers, and other account information confidential. MISSION TUITION and partners is not responsible for any credits or debits made to your account by someone else who uses your password.
Member Obligations – Installation & Usage of Software
- License. MISSION TUITION and partners grants you a non-exclusive license to install and use its Software solely for personal use and only for the purpose of accessing the Program. MISSION TUITION and partners and its Software licensors/suppliers reserve the right to add additional features or functions to the Software at any time, without asking your approval. MISSION TUITION and partners may require the update of Software on your computer when new versions of the Software are released or new features are available. Updates may occur automatically when you use the Program. Changes to this End User License Agreement may be made by MISSION TUITION and partners and will be posted on the Company web site. Your continued use of MISSION TUITION and partners Software will constitute consent to the revised terms. MISSION TUITION and partners is under no obligation to support the Software, and may at any time suspend or terminate this license and disable the Software.
- Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software for any reason. You may not modify the Software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the Software is licensed not sold, the Software and all rights not expressly granted herein are reserved to MISSION TUITION and partners and its licensors/suppliers.
- Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
- U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Contact Software Rights , 333 Bryant Street, Suite 250, San Francisco, CA 94107, ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.
Disclosure of Account Information:
- You authorize MISSION TUITION to only disclose to third parties information you have provided, or information that MISSION TUITION has obtained about your MISSION TUITION account or shopping behavior: (i) to agents and licensors of MISSION TUITION and partners or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or store partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize MISSION TUITION to receive any account information from any Affiliated Store including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Store harmless for any information disclosed to MISSION TUITION and partners. You allow MISSION TUITION and partners to collect and use non- personalized marketing information regarding visits and related to purchases made from internet commerce sites.
- By signing up for membership at MISSION TUITION, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are mailing you a check on a certain date) as well as periodic shopping-related emails that highlight coupons & special deals that are available to MISSION TUITION and partners members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Profile link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you cash back, you can close down your account by contacting customer service.
- The MISSION TUITION program and Software are being provided to member "as is" with no warranty. To the maximum extent permitted by law, MISSION TUITION and partners disclaims all representations and warranties, express or implied, with respect to the program and the Software, including, but not limited to, implied warranties of stores, ability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.
- MISSION TUITION does 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 affiliated stores or suppliers in conjunction with the program. In addition, although MISSION TUITION and partners intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the MISSION TUITION web site, MISSION TUITION and partners does not warrant, guarantee or make any representations that this site is free of destructive materials. In addition, MISSION TUITION and partners does not warrant that access to this site or use of its Software will be uninterrupted or error-free, and MISSION TUITION and partners assumes no responsibility for any damage caused by your access, or inability to access, this site or your use or inability to use the software, including, but not limited to, your inability to accrue cash back rewards by purchasing items with an affiliated store.
Limitation of Liability
In no event will any other company with which MISSION TUITION and partners has a corporate partnering relationship, including without limitation, co-branding, co-marketing, joint development, a store relationship, or a licensing or supplier relationship (each a "corporate participant") be liable to you for non-performance of MISSION TUITION obligations. You agree not to sue any corporate participant for non-performance by MISSION TUITION and partners. In no event shall MISSION TUITION and partners 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 MISSION TUITION and partners in administering the program; (iii) the use or inability to use this web site; (iv) the use or inability to use the Software including but not limited to lost profits, lost business or lost opportunity, or any indirect, special, incidental or consequential or exemplary or punitive damages, including legal fees, arising out of such use or inability to use the Software, or (v) the purchase or use of any merchandise, products, or services of stores or suppliers, even if MISSION TUITION and partners, 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.
Member agrees to indemnify and hold MISSION TUITION and partners, 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
MISSION TUITION and partners reserves the right to terminate the Program at any time with notice. Notification of Program termination will be sent to the email address you provide to MISSION TUITION during the registration process. MISSION TUITION and partners will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of MISSION TUITION and partners, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform MISSION TUITION of a change in your email address.
MISSION TUITION 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 the Terms & Conditions page of the MISSION TUITION Web site 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 Membership
Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to MISSION TUITION and partners or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your MISSION TUITION account and/or forfeiture of your accrued cash back rewards. MISSION TUITION also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked usage of the MISSION TUITION Program, Web site or Software. Any deactivated account loses accrued funds and Program access.
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted in writing within ninety (90) days of the qualifying transaction, to MISSION TUITION at: Customer Service, 16255 Ventura Blvd. Suite 525, Encino, CA 91436, or contact Customer Care. Any such disputes shall be resolved by MISSION TUITION and partners at their sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of MISSION TUITION and partners. In the event that an error is made by MISSION TUITION and partners, your sole remedy shall be the credit of the disputed cash back reward to your MISSION TUITION account.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the MISSION TUITION website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles. 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. MISSION TUITIONs' 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 MISSION TUITION and the Affiliated Stores or between MISSION TUITION and any other of its Corporate Partners. Neither the Affiliated Stores nor any Corporate Partner shall have the ability to create any obligation on MISSION TUITIONs' behalf. This Agreement constitutes the entire agreement between you and MISSION TUITION with respect to the Program.
The MISSION TUITION Account
- Contributions you accrue as a result of Qualifying Purchases will be posted to your individual account on-line. The website will display a summary of activity in your personal account. Generally, Contributions will be posted to your savings account within thirty (30) days of notice from a Contributing Company to MISSION TUITION of your relevant transaction or your election. However, we will not be liable for damages resulting from any failure to post Contributions to a MISSION TUITION Members Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your savings account regularly to verify that Contributions have been properly posted. If you believe that a Contribution has not been properly posted to your savings account, then you must inform MISSION TUITION within one year of the qualified transaction for which you are claiming that a Contribution should have been posted and must be able to provide proof of such transaction acceptable to MISSION TUITION. MISSION TUITION reserves the right, however, to determine, in its sole and absolute discretion, whether a Contribution should have been posted to your savings account. You acknowledge that any such determination by MISSION TUITION will be final and binding.
- Contributions posted to your savings account will be deposited and held in an account established at Wells Fargo Bank and maintained by MISSION TUITION as trustee for the exclusive benefit of MISSION TUITION Members (the "Savings Account"). Contributing Companies will pay Contributions accrued by you to MISSION TUITION for deposit into the Members Savings Account. You will not be entitled to receive interest on any funds deposited in the Members Savings Account. Except as contemplated by Section 12, Contributions will remain in the Savings Account until (i) you direct us to distribute such Contributions in accordance with this Agreement, or (ii) we exercise our options under section (Use of Contributions) below. Contributing Companies have no role in verifying, administering or maintaining any Savings Account or any MISSION TUITION Account. The amount of Contributions available for disposition in accordance with Section (3) of The MISSION TUITION Account of this Agreement may differ from the amount of Contributions posted in your MISSION TUITION Account. Your rights with respect to funds held in the Savings Account exist only with respect to the Contributions actually deposited in the Savings Account for your benefit. Only MISSION TUITION is authorized to act upon your instructions with respect to the disposition of funds held for your benefit in the Savings Account in accordance with the Section (Use of Contributions) of this Agreement. The travel rewards portion of the Mission Tuition program is designed to provide the cardholder the option to convert their rewards to cash or use for travel needs. The program is designed to provide travel savings of up to 2%, however, the cash back portion of the rewards will not exceed .5%.
No Responsibility for Contributing Companies. You agree that MISSION TUITION is not an agent of any Contributing Company and that Contributing Companies operate independently of, and are not under the control of MISSION TUITION with respect to the Service or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Contributing Company will provide a Contribution for any particular transaction even where such transaction would appear to qualify for such Contribution under either MISSION TUITION or Contributing Company statements. We are not responsible for the failure of any Contributing Company to pay Contributions in accordance with the terms of that Contributing Company's offer. Further, your participation in offers or promotions of, or correspondence with, any Contributing Company is solely between you and that Contributing Company. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Contributing Company assumes any liability, obligation or responsibility for our conduct with respect to the Service.
Use of Contributions
- Accounts. MISSION TUITION is not a registered broker-dealer and, therefore, does not effect any transactions in, offer, sell or distribute any securities. To the extent any activities associated with the Service are required to be performed by a registered broker-dealer, such activities will be conducted exclusively by individual or State approved financial institutions or such other entity as may lawfully conduct such activities.
- You have authorized MISSION TUITION to cause contributions held for your benefit in the Savings Account to be distributed, subject to such terms and conditions, including certain minimum transfers, imposed by MISSION TUITION.
- Other Uses of Contributions. You may choose to direct us to distribute Contributions held for your benefit in the Savings Account in either of the following ways.
Transfers of funds in accordance will be made within sixty (60) days of notice to us by you in accordance with the procedures, and subject to such minimum transfers, that we establish from time to time and set forth on our website or otherwise disclose to you.
- Transfer as gift to another Member. You may direct that any or all of the funds held for your benefit in the Rewards Account be held for the benefit of another Member, through the Family and Friends network in accordance with the procedures we establish from time to time; or
- Redeem as cash. You may request a withdrawal of any or all of the funds as a cash payment to you, in accordance with the procedures establish by applicable law.
- You acknowledge and accept that none of the Contributing Companies and MISSION TUITION is the agent of any 529 Plan sponsor. You further acknowledge and accept that no 529 Plan sponsor will have any liability, obligation or responsibility for the conduct of MISSION TUITION with respect to the Service.
Effective Date – February 16, 2010