TERMS OF USE

These LoyalTree Terms of Use ("Terms of Use") set forth the terms of your ("you", "your") agreement with Cardeeo, Inc. ("Cardeeo", "we," "us," "our"), regarding your use of and access to the website located at www.loyaltree.com ("Website") and the LoyalTree applications featured on and/or accessible via the Website ("Applications"). Your access to and/or use of the Website and/or any Applications constitutes your consent to the Terms of Use. We may change the Terms of Use from time to time, and your continued use of the Website and/or the Applications constitutes your acceptance of any such changes. Subject to your compliance with the Terms, you may download and install one (1) copy of the Applications to your supported mobile device. Access and use of the Website and/or Applications are intended solely for your own personal and non-commercial use.

USE OF THE WEBSITE/APPLICATION AND ITS FEATURES

[You will either access the Website and/or Applications as a visitor or as a registered member of LoyalTree.] Any user names or passwords chosen by you or provided to you by Cardeeo shall be maintained as confidential and may not be shared with anyone not authorized to have access to your personal information. You agree to provide accurate and complete registration information, and to accept responsibility for all activities that occur under your membership account. You are not authorized to sell or transfer any account obtained through Cardeeo. Additional terms and conditions may apply to specific areas or features of the Website and/or Applications, and you hereby agree to abide by such additional terms and conditions. Your use of the Website and the Applications is at your own risk, and is also subject to the terms and conditions of the third party selling the products or services you are accessing via the Website and/or the Applications. You may not use any device, software or routine intended to damage or interfere with the proper working of the Website or the Applications, or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the Website or the Applications, and you may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

THIRD PARTY LINKS AND WEBSITES

The Website and the Applications may contain links or portals to third-party websites not under our control or operation. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site. Use of any such third-party content provided via the Website or the Applications may also be conditioned upon agreement to such third party's terms and conditions. The Website and the Applications are only a platform for your interaction with such third parties, and Cardeeo is not responsible for any issues and/or disputes between you and such third parties.

OWNERSHIP

The Website, the Applications, and the content and all intellectual property rights included in or associated with the Website and the Applications, including, but not limited to patents, copyrights, trademarks and service marks (collectively "Content"), are owned or licensed by us, and all right, title and interest in and to the Website, the Applications, and the Content is ours. You are not authorized to copy, distribute, re-publish, upload, post, modify, reverse-engineer or transmit any Content except as specifically authorized by Cardeeo in writing. You are not authorized to remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website, the Applications, or in the Content.

TERMINATION

We have the right to terminate your use of the Website, the Applications, and any membership privileges any time for any reason, including, but not limited to, your breach of the Terms of Use. Following any such termination, we shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that Cardeeo terminates your use rights contained herein, Cardeeo shall in no way be precluded from pursuing any and all of its rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by your breach of the Terms of Use.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and any Applications, and (ii) release of information to and retrieval of information from the Website and any Applications, including, without limitation, all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. To the extent that any applicable taxes apply to your use of the Website or any Applications, you are responsible for the payment of such taxes. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Website or the Applications, as applicable, to any applicable government agencies, all without liability to us.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees), resulting from: (i) your use of the Website and/or any Applications; (ii) your breach of any provision of the Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission via the Website or any Application; and/or (iv) your intentional acts or omissions.

DISCLAIMER OF WARRANTIES

CARDEEO HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY REGARDING YOUR USE OF THE WEBSITE OR THE APPLICATIONS, AND/OR ANY INFORMATION PROVIDED VIA THE WEBSITE AND/OR THE APPLICATIONS, OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE AND/OR THE APPLICATIONS.

LIMITATION OF LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE, THE APPLICATIONS, AND THE INFORMATION PROVIDED VIA THE WEBSITE AND THE APPLICATIONS. CARDEEO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH THE WEBSITE OR THE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, OR USE OF OR INABILITY TO USE THIRD PARTY WEBSITES OR FUNCTIONALITY, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF CARDEEO HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR COULD HAVE REASONABLY FORESEEN SUCH DAMAGES. NOTWITHSTANDING THE ABOVE, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, CARDEEO'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED $50.

GOVERNING LAW

The Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. All disputes arising out of or with respect to the Terms of Use shall be heard exclusively in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts. Some jurisdictions do not allow excluding or limiting implied warranties or certain liability, and/or have statutory consumer protection provisions which may supersede disclaimers and limitations. Therefore, these disclaimers and/or limitations may not apply to you if prohibited by law.

AGE REQUIREMENT

We do not knowingly collect personally identifiable information from children under the age of thirteen (13), and neither the Website nor the Applications are directed at children under the age of thirteen (13). You are not permitted to use the Website and/or the Applications if you are under the age of thirteen (13) (whether or not your parents have given their consent), and by using the Website and/or the Applications, you represent that you are not under the age of thirteen (13). If you are subject to additional or different age requirements for disclosure of personally-identifiable information based on your state, province or country of residency, you hereby represent that your use of the Website and the Applications is not in violation of the laws or regulations of your state, province or country of residency.

PRIVACY

The terms of our Privacy Policy are hereby incorporated into the Terms of Use.

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, and any web pages or other documents or policies incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any questions about Cardeeo's products, services, the Website or the Terms of Use, please contact us by email at info@cardeeo.com.