Terms & Conditions

Last updated: March 15, 2022

Terms & Conditions For Individual Users

Blueboard, Inc. (“Blueboard,” “we,” “our” or“us”) provides recipients of rewards, experiences and offerings (“Rewards”) access to Blueboard’s website, located at http://www.blueboard.com/ (the “Site”), and related platform (collectively, the “Service”) to coordinate the redemption of such Rewards. These Terms & Conditions (“Agreement”) are being entered into between Rewards recipients and Blueboard. This Agreement applies only to individual users who have received Rewards from their employer or another Blueboard client, or who are otherwise authorized to access the Service on such employers’ or clients’ behalf, and this Agreement is completely separate from terms applicable to such employers or clients. If you are a Blueboard client and your Statement of Work has directed you to this page for the “Blueboard Terms of Service” that apply to your Statement of Work, those Terms of Service have been relocated here:  https://www.blueboard.com/client-terms.

What personally identifiable information do we collect?

We collect the e-mail addresses of those who communicate with us via e-mail and information volunteered by the Reward recipients (such as survey information and/or site registrations). When you register for access to Blueboard’s Service, we may collect the following categories of personally identifiable information: your name, the name of your employer, your business email address, and at your option, your phone number (especially if you want to opt-in to our SMS communications program). More information on what we collect and how we use and store your personally identifiable information is detailed in the Blueboard Privacy Policy available at www.blueboard.com/privacy.

Acceptance of terms

THIS AGREEMENT CONSTITUTES A BINDING LEGAL CONTRACT THAT GOVERNS YOUR USE OF AND ACCESS OF THE SERVICE ONCE YOU EITHER (A) CLICK THE "I ACCEPT" BUTTON OR (B) USE THE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT,DO NOT USE THE SERVICE.


You must complete the registration form and accept the terms of this Agreement before you may access or use the Service. By accepting this Agreement, or by accessing or using the Service, you represent and warrant the following: (a) You are at least 18 years old and have the legal capacity to be bound by this Agreement; (b) You are not a person barred from accessing the Service or receiving the Rewards under the laws of the United States or other applicable jurisdiction; and (c) All information you submit to Blueboard in connection with the Service is truthful and accurate. Access and use of the Service is subject to the Blueboard Privacy Policy available at www.blueboard.com/privacy and such policy is incorporated herein by this reference.

We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. The date of last modification noted above. It is your responsibility to check this web page frequently to make sure you are familiar with any changes to this Agreement. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease all use of the Service. Your continued access and use of the Service following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.

Blueboard reserves the right to use your name or other identifiers and your approved testimonials in its sales and marketing materials or other oral, electronic, or written promotions or presentations, which may include naming you as a Reward recipient and a brief description of the Reward you redeemed.

Blueboard service

Our Service consists of access to our Site and the platform contained therein in which we make available certain Rewards offered by your employer. The Rewards are actually provided by a wide range of participating providers ("Providers"). Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, limited right, during the Term (as defined below) to access and use the Service to redeem the Rewards that have been offered to you by your employer. Except for the express licenses granted in this paragraph, no other rights are granted by Blueboard hereunder, by implication, estoppel or otherwise, and all rights not expressly granted herein are reserved.

You are responsible for providing adequate Internet connectivity, software and hardware to be able to access and use the Service. You understand that in order to use the Service, a modern browser such as Firefox 3+, Safari 3+ or Google Chrome 9+ is recommended. Additionally, a stable connection to the Internet is required. The Service may work in a limited manner on other web browsers and earlier versions of the recommended browsers, but please keep in mind that the Service was not designed for use or compatibility with web browsers other than the ones we specifically recommend here. You are responsible for procuring and maintaining all hardware, software and telecommunications services needed to connect to the Service and for paying all third-party access charges (e.g., Internet service provider fees).

Use of the service

Acceptable Use. You agree that you will not (and will not permit or encourage any other users or other third parties to) directly or indirectly: (a) Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement; (b) Use the Service in violation of any federal, state, local, or international laws or regulations; (c) Copy, circulate, distribute or link to any of the Rewards, without our prior written consent; (d) Share your log-in, password, or otherwise permit a third party to access or use your account or that of another user; (e) Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written consent; (f) Use the Service for storing or transmitting infringing, libelous, offensive, defamatory, pornographic, obscene or otherwise objectionable, unlawful or tortious material; (g) Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Site, Service, and/or our computer systems; (h) Interfere with other users’ use or enjoyment of the Service; (i) Attempt to gain unauthorized access to the Service or to another user's account or any related systems or networks; (j) Copy the user interface design, workflow, or any features of the Site and/or Service or use any of the foregoing for any purpose other than the Service as defined herein; (k) Modify, publish, transmit, reproduce, create derivative works from, distribute, display, link to, frame with other content or incorporate into another website the Site and/or Service, in whole or in part;(l) Take screenshots or videos of the Site and/or Service in order to share the information with one of our competitors or a company seeking to create and/or offer services similar to the Service; (m) Impersonate or misrepresent any individual or company to us; (n) Use the Service to infringe the copyrights or other intellectual property rights of any third parties; (o) Modify, adapt or hack the Site and/or Service or modify another website so as to falsely imply that it is associated in any way with us, the Site and/or Service; (p) Abuse or threaten (including threats of abuse or retribution) in any way any of our employees, officers, or other affiliates through verbal, physical, written, or other means; (q) Upload, post, or transmit unsolicited email, SMSs, or"spam" messages; or (r) Duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site and/or Service without our prior written consent.

Notice of Unauthorized Use.
You must immediately notify us of any unauthorized use of your account or the Service that comes to your attention.In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.

Changes and updates to the service

You understand that the Service may changeover time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Service, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. Blueboard does not guarantee the availability of the Service and/or other benefits contained therein, and they are all subject to change at anytime without notice.

User account(s)

Account Registration. To obtain access to the Service as a user, you are required to obtain a login to the Site from your employer, who will provide your name, and email address to Blueboard so that Blueboard may verify that you are authorized by your employer to use the Service. When registering as a user you must meet the conditions set forth in the “Acceptance” section above, including: (a) providing true, accurate, current and complete information about yourself as requested by the registration form for the Service, and (b) maintaining and promptly updating throughout the Term such information to keep it true, accurate, current and complete. Your user account login is personal to you and may not be shared or used by anyone else.

Account Security.
Only you may use your user account login. You are entirely responsible for maintaining the confidentiality of your user account password and you agree not to disclose such password to any other user or third party or let any third party use the Service on your behalf. You must contact us immediately if you suspect misuse of your user account or any security breach in the Service. Please be aware that you are responsible for any and all activity occurring through your user account, whether or not you actually authorized that activity.

Taxes

The Internal Revenue Service and your state taxing authority may deem your redemption of Rewards as the equivalent of taxable income to you. Further, your employer may report its offering of Rewards to the taxing authorities as additional compensation to you. You, and not Blueboard or any of the Providers, are responsible determining whether you need to include your redemption of Rewards as additional income when you prepare your tax returns. You will be responsible for all taxes related to your use of the Service and your redemption of Rewards. You agree to indemnify and hold Blueboard and its Providers harmless from any claim by any taxing authority related to your use of the Service and your redemption of Rewards.

Cancellation and termination

Term. This Agreement is effective and you will continue to have access to the Service until the earlier to occur of the following: (i) you redeem your Reward; (ii) we terminate your account; or (iii) you properly cancel your account in accordance with this Agreement ("Term").

Termination.
You are solely responsible for properly canceling your account. You may cancel your account at any time by sending us an email at support@blueboard.com. All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation. We may terminate this Agreement and your rights to access and use the Service for any or no reason, without liability, at our sole discretion at any time, including if we suspect that you have violated this Agreement. We will attempt to notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) without liability to you for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of Blueboard's network, hardware, or associated systems or those of its third party providers; (c) failure by your employer to timely pay the Service Fees or to comply with its agreements with Blueboard; or (d) the actual or suspected violation of this Agreement by you.

Effect of Termination.
Upon termination of this Agreement or cancellation of your account, all rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service and any Rewards that have not been redeemed prior to the effective date of termination. However, to the extent that you have received a Reward that you have not redeemed at termination, your access to the Service will continue until such redemption provided you continue to comply with the terms of this Agreement.

Third-party linked service and content

The Site and the Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to third party websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party's website or service which is linked to the Site and/or Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. Posting of a link to another website does not constitute endorsement of that website (or any of the products, Service or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with any offering listed on our Site.

Security measures

Blueboard has implemented web-standard SSL security measures to reasonably protect your account information.

Terms of redemption of rewards

Rewards awarded to you by your employer are redeemable for certain goods, services or experiences offered by, or facilitated through, the Provider identified on the Reward chosen. You acknowledge and agree that (i) the Provider is the issuer of the Reward and is fully and solely responsible for all goods and services it provides to you and assumes all liability for any and all injuries, illnesses, death, damages, claims, liabilities, losses and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Reward or not; and (ii) Blueboard is not liable for any loss or forfeit of funds due to cancellations or reschedules, including for your travel, transportation or lodging in connection with redeeming, attending or participating in a Reward. You also acknowledge and agree that you understand the risks associated with attending and participating in the Reward you've chosen. You hereby waive and release Blueboard and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any acts, errors, breaches, misrepresentations, misconduct, non-performance or omissions of a Provider, the lack of availability of any Reward or your inability to redeem a Reward on the date you have selected. Descriptions of the products or services advertised on the Site are provided by the Provider and adapted by Blueboard. Blueboard is not responsible for any performance, availability or quality claims associated with Rewards. By purchasing or redeeming any Reward, you agree to the terms of this Agreement. Any attempt to redeem a Reward in violation of these Terms of Use will render the Reward void. Blueboard may, in its sole discretion, verify a user's identity prior to processing a Reward redemption. Blueboard may also refuse to process, or may cancel, a Reward redemption, as reasonably deemed necessary to comply with applicable law or to respond to cases of misrepresentation, fraud or known or potential violations of the law or this Agreement. If a Reward becomes unavailable between ordering and processing, Blueboard will either cancel or not process the order and will notify you by email and will credit your user account with the initial level for future redemption of a Reward through the Service. Blueboard reserves the right, at its sole discretion, to not process or to cancel any orders placed for the redemption of a Reward whose price was incorrectly posted on the Site as a result of an error. If this occurs, Blueboard will notify you by email and will credit your user account with the initial Reward level for future redemption of a Reward through the Service.

Proprietary rights

Our Proprietary Rights. As between you and us, we own and reserve all right, title and interest in and to the Service and our Site, including all intellectual property rights therein. In the event that you provide us with comments, suggestions, recommendations or other feedback with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service), you hereby grant to us a worldwide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any such feedback you provide us into the Service. Additionally, you hereby grant to us and our third party service providers the right to use, modify, adapt, reproduce, distribute, display and disclose any information or data you transmit through the Service solely to the extent necessary to provide you with the Service or as otherwise permitted by this Agreement and the Blueboard Privacy Policy.

Trademarks.
The Site and/or Service contain valuable trademarks owned and used by us to distinguish the Site and Service from those of others. The Site and/or Service may also contain references to other entities' trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the Site and/or Service. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.

Electronic communications

By registering for the Service, you understand that we may send you communications or data regarding the Service, including but not limited to notices about your use of the Service (including any notices concerning violations of use), updates, and promotional information and materials regarding the Service, all in electronic form via the email addressor the phone number you specified when you registered. In the event that we send such communications, you will have the opportunity to opt-out of receiving future messages in accordance with the terms of the Blueboard Privacy Policy.

SMS Communications

By voluntarily enrolling or otherwise agreeing to receive text messages from or on behalf of Blueboard, you expressly consent to receive transactional, operational or informational text messages at the phone number provided, including Reward booking confirmation, Reward reminder notifications and post-Reward survey reminder notifications. Please note that we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of procuring any goods or services, and you understand and agree that all text messages may be sent using automated telephone dialing systems or similar automated technology.

To stop receiving text messages from Blueboard, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while we process your request(s).

Message and data rates may apply for any messages sent to you from or on behalf of Blueboard, and messages you send to us. If you have any questions about your text plan or data plan, please contact your wireless provider.

By opting into Blueboard’s text messaging program, you warrant that you meet the eligibility requirements set forth in this Agreement and you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit or deactivate the phone number you have provided to Blueboard, you agree to notify Blueboard immediately. Failure to do so constitutes a material breach of this Agreement. Mobile carriers are not liable for delayed or undelivered messages.

Disclaimer of warranties

WE PROVIDE OUR SERVICE TO YOU "ASIS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, BLUEBOARD DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. BLUEBOARD MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE PROVIDERS OFTHE REWARDS. ACCORDINGLY, BLUEBOARD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS OR YOUR INABILITY TO REDEE MANY REWARDS. YOUR REDEMPTION AND USE OF THE REWARDS THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BLUEBOARD, OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR ANY LOST PROFITS, LOSSOF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION,WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BLUEBOARD OR ITS OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (2) BLUEBOARD AND ITS OFFICERS,EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS,REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY PROVIDER OR THIRD PARTIES FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BLUEBOARD, AND ITS OFFICERS, EMPLOYEES, AND AGENTS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, SITE OR THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS($1,000.00).

Blueboard shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly by reason of fire, flood, earthquake, pandemic, explosion or other casualty, strikes or labor disputes, disruptions of telecommunication systems, inability to obtain supplies or power, war or other violence, any law, order, forced shutdown, embargoes, special regulations of government authorities, terrorist threats, proclamation, regulation, ordinance, demand or requirement of any government agency, or any other act or condition whatsoever that is beyond its reasonable control, fault or negligence.  ACCORDINGLY, BLUEBOARD SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL,AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

Miscellaneous

Entire Agreement. This Agreement, together with the Blueboard Privacy Policy, constitutes the entire agreement between you and Blueboard regarding your use of the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between you and Blueboard relating to your use of the Service (including, without limitation, any prior versions of this Agreement).

Assignment. You may not assign this Agreement in whole or in part, by operation of law or otherwise, and any attempt to do so will be null and void. We may assign this Agreement, in whole or in part, at any time without notice.

No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.

Independent Contractors. This Agreement does not create a joint venture, agency, or partnership between us and you; instead, the relationship between the parties is that of independent contractors. Our engagement with you under this Agreement is non-exclusive, and Blueboard reserves the right to offer the Service to any other parties.

No Third Party Beneficiaries. This Agreement is solely for the benefit of the you and Blueboard and there shall be no third party beneficiaries except as otherwise expressly provided under this Agreement.

Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and that the remaining provisions shall remain in full force and effect.

Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its principles regarding conflicts of law. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach ,termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Santa Clara, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to itsComprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of theParties hereto, their heirs, administrators, successors and assigns.

Survival of Terms. Other than your ability to access and use the Service, the remainder of the terms of this Agreement shall survive termination of this Agreement.

Contact us

We hope we can provide you with the best experience possible, and we welcome any feedback, suggestions for improvements to the Service, as well as any questions, issues, concerns or other inquiries related to the Service. If you are having trouble with the Service or your user account, or wish to contact us for any reason, please feel free to email us at support@blueboard.com.

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