STEGOCRAWL REWARDS PROGRAM TERMS & CONDITIONS 12.23 v1
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY APPLYING TO AND/OR PARTICIPATING IN THE STEGOCRAWL REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT APPLY TO OR PARTICIPATE IN THE STEGOCRAWL REWARDS PROGRAM.
These StegoCrawl Rewards Program Terms & Conditions (these “Terms”) apply to your access to and participation in the StegoCrawl Rewards Program (the “Program”), which is operated by Stego Industries, LLC (“Stego”). By applying to and/or participating in the Program, you agree (1) to Stego’s Terms and Conditions (viewable at www.stegoindustries.com/legal/terms-and-conditions) as modified from time to time (“T&Cs”) (including, but not limited to, its terms
regarding Submissions), (2) to Stego’s Privacy Policy (viewable at stegoindustries.com/legal/privacy-policy) as modified from time to time (“Privacy Policy”), (3) to subscribe to news, updates, and offers from Stego and unaffiliated third parties in Stego’s industry network, and (4) that these Terms apply to the use and administration of the Program and govern all aspects of your participation in the Program, including your rights and responsibilities. The T&Cs and Privacy Policy are hereby fully incorporated by reference into these Terms, except to the extent there is a direct conflict between these Terms and the T&Cs and/or Privacy Policy, in which case these Terms shall control. By participating in the Program, you agree to be bound by and adhere to the T&Cs, Privacy Policy, and these Terms.
These Terms include an arbitration provision that governs any disputes between you and Stego. This provision substantially affects your rights, including by, among other things, preventing you from bringing, joining, or participating in class or consolidated proceedings, and by eliminating your right to a trial by jury.
These Terms are effective as of the effective date listed above and shall remain in full force and effect unless and until amended, modified, or terminated by Stego, in whole or in part, at any time and from time-to-time, in its sole and absolute discretion, without notice or obligation. Stego has and reserves the right to amend, modify, and/or terminate these Terms and/or the Program, in whole or in part, from time-to-time and at any time, in its sole and absolute discretion, without notice or obligation. You agree that Stego may provide updates, notices, disclosures, amendments, modifications, cancellation information, relevant materials, and other information relating to the Program and/or these Terms (any “Notice Information”) through written or electronic means (“Stego Communications”), including, without limitation, by email or posting to or providing availability through a program webpage, with immediate effect, unless otherwise described in the Notice Information. You waive any right you may have to receive specific notice of Notice Information and your continued participation
in the Program following any such communication confirms your acceptance.
1. Participation. The Program is open to any entity or individual (18 years of age or older) that is a US resident and has applied with and been accepted by Stego to become a participant in the Program (a “Member”). Acceptance of these Terms is a condition of application to and an ongoing condition of participation in the Program as a Member. Stego may discontinue Member’s privileges, void a Member’s Points (in whole or in part), and/or terminate the Member’s membership and participation in the Program (a) immediately upon Stego’s determination, in its sole and absolute discretion, that the Member has breached these Terms, or (b) upon thirty (30) days’ advance written notice that Stego has determined, in its sole and absolute discretion, that the Member is no longer meeting Stego’s expectations and/or standards for a Member (by way of example only, that a Member is a contractor or maintains any required certification or license to operate). A Member may terminate membership in the Program for any reason upon thirty (30) days’ advance notice to Stego by contacting Stego at CrawlRewards@stegoindustries.com. In the case of thirty (30) days’ advance notice of termination by Stego or a Member, any earned and awarded Program rewards points (“Points”) must be redeemed prior to the effective date of the termination. Upon termination of a Member’s membership in the Program (immediately or following advance notice), by Stego or the Member, all rights, privileges, and other benefits of the Program (including, but not limited to, Points or any right to earn or redeem Points), shall immediately terminate, cease, and be forfeited entirely. Stego reserves the right to discontinue Member’s privileges, void a Member’s Points (in whole or in part), and/or terminate the Member’s membership in the Program if, among other things, Member’s Points are determined by Stego to have been issued, received, or redeemed through fraud, theft, or otherwise illegally or not as authorized in these Terms or otherwise by Stego.
2. Earning Points. Under the Program, a Member may earn Points solely by completing Stego approved and verified Points-earning activities (“Points Activities”). Points Activities and corresponding Points amounts are as listed and described herein and as otherwise communicated by Stego through Stego Communications, which list, individual Points Activities descriptions, and/or Points amounts may be amended, modified, or removed from time-to-time and at any time by Stego in its sole and absolute discretion, without notice or obligation. Points will be awarded only after Stego has identified and verified a Member’s Points Activity (e.g., a qualifying purchase) or a Member has submitted Points Activity completion information to Stego, certifying its completion of a Points Activity, which completion has been verified and Points approved by Stego. Points are not a gift certificate or gift card. In the event that purchasing a Stego Product(s) qualifies as a Points Activity, (a) except as otherwise approved by Stego, only purchases made in the ninety (90) days immediately preceding a Member’s acceptance into the Program
may count toward earned Points, and (b) any Stego Product that is returned will result in a corresponding loss of Points earned, as determined by Stego in its sole and absolute discretion.
3. Points Expiration. Points do not expire; Points remain in the Member’s account so long as the Member remains a Member of the Program.
4. Points Redemption. Under the Program, a Member may redeem available Points for available Program rewards (“Rewards”) in the manner and to the extent described herein and as otherwise communicated by Stego through Stego Communications, which may be amended, modified, or canceled from time-to-time and at any time by Stego in its sole and absolute discretion. The quantity of Points a Member has been awarded and the Stego-assigned Points value and Tier of a Reward (subject to the restrictions and requirements described herein and as otherwise communicated by Stego through Stego Communications) determine which, if any, Reward is available to a Member. Access to and availability of Rewards (including, but not limited to, Tier 2 and/or Tier 3 Rewards, as described herein and as otherwise communicated by Stego through Stego Communications) is not guaranteed and may change from time to time or at any time and be restricted by requirements other than or in addition to the redemption of available Points (by way of example only, redemption of Tier 2 and/or Tier 3 Rewards may require membership in the StegoCrawl Certified Pro Network). A gift certificate and/or gift card may be offered as a Reward; however, Rewards are not, individually or collectively, a gift certificate or gift card.
5. Program Conditions. Conditions of ongoing participation in the Program as a Member include, without limitation, the Member (a) accepting and adhering to all aspects of these Terms; (b) continuing to meet Stego’s expectations and/or standards for a Member, as determined by Stego in its sole and absolute discretion (by way of example only, that a Member is a contractor or maintains any required certification or license to operate); (c) limiting all representations regarding or relating to the Stego Products to the scope set forth in Stego’s published product literature on the Stego Products or as otherwise expressly described in writing and provided to the Member by Stego; (d) adherence and compliance with all applicable federal, state, and local laws, codes (including building codes), ordinances, and other regulations; (e) not soliciting, employing, or otherwise engaging as an employee, independent contractor, or otherwise, any person who is or was an employee of, or engaged as an independent contractor or otherwise with, Stego unless as the result of an unsolicited response to an employment advertisement; (f) not reselling the Stego Products, unless otherwise authorized by Stego in writing; and (g) not receiving or redeeming Points through fraud, theft, or otherwise illegally or not as authorized in these Terms or otherwise by Stego through Stego Communications.
6. Stego Product Purchases. All purchases of Stego Products by the Member from Stego or its Authorized Dealers are and shall be subject to and deemed to incorporate therein these Terms, regardless of whether such purchase orders so specify therein.
7. No Right, Title, or Interest. Stego owns certain patents, trademarks, service marks, copyrights, and other proprietary information and assets relating to the Stego Products in both the United States and international territories (“Stego IP”). Stego is and shall remain the sole and exclusive owner of any and all Stego IP and other proprietary rights in and to the Stego Products. You are not granted herein any right, title, or interest of any kind in or to any Stego IP (or application for improvements or modifications thereof), whether now or hereafter obtained. The validity of Stego IP, Stego’s right, title, and interest in and to Stego IP, and that all use of Stego IP shall inure to the benefit of Stego is hereby acknowledged and agreed upon. Stego shall be notified promptly in writing of any real or suspected infringement of Stego IP. Stego and the Member each acknowledge and agree that the T&Cs govern the submission of any Ideas or Unsolicited Works (each as defined therein) to Stego from the Member.
8. Waiver. No failure or delay of Stego to exercise any of its rights or privileges hereunder shall operate as a waiver or relinquishment of any such rights or privileges. Stego’s waiver of any provision of these Terms shall not operate or be construed as a waiver of any other provision or other or subsequent breach by you. If Stego is prevented from or delayed in performing hereunder by an event or circumstance beyond Stego’s reasonable control, it shall not be liable for its failure to timely perform, but it shall perform as soon as reasonably possible after such event or circumstance ceases.
9. Warranties, Representations, Covenants, and Guarantees. The Member warrants, represents, covenants, and guarantees that, at all times, the Member’s use of the Stego Products shall be in accordance with all applicable laws and if reasonably requested by Stego, the Member shall provide evidence of any relevant certification and/or license to operate. OTHER THAN THE PRODUCT-SPECIFIC EXPRESS LIMITED WARRANTY MADE BY STEGO, STEGO MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE OR NON-INFRIGEMENT, OR OTHER WARRANTY ARISING FROM ANY REPRESENTATIONS MADE BY OR ON BEHALF OF STEGO OR FROM ANY DESCRIPTION OR SAMPLE OF ANY PRODUCTS. STEGO ALSO MAKES NO WARRANTY AND HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY RELATING IN ANY WAY TO A MEMBER’S INSTALLATION OF THE PRODUCTS. STEGO’S LIABILITY FOR ITS ALLEGED BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE, OR ANY OTHER CAUSE OR THEORY IS LIMITED BY THE TERMS OF ANY APPLICABLE PRODUCT-SPECIFIC EXPRESS LIMITED WARRANTY MADE BY STEGO AND OTHERWISE TO REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE RELEVANT PRODUCT(S).
10. Limitation of Liability. Application to and participation in the Program is voluntary and at the Member’s own risk. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, STEGO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE PROGRAM, THE MEMBER’S USE AND/OR INSTALLATION OF THE PRODUCTS, THE MEMBER’S USE OR PARTICIPATION, OR INABILITY TO USE OR PARTICIPATE, IN THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, DAMAGES SUCH AS LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PROGRAM, POINTS, REWARDS, THE PRODUCTS, OR ANY PRODUCTS OR SERVICES OBTAINED OR INTENDED TO BE OBTAINED THEREUNDER OR RELATING THERETO, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT PRODUCTS, FACILITIES, EQUIPMENT, OR SERVICE, DOWN TIME, THE MEMBER’S TIME (INCLUDING, THE TIME OF ITS EMPLOYEES)), OR CLAIMS OF THIRD PARTIES OR INJURY TO PROPERTY OR PERSON, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING, BUT NOT LIMITED TO, INDEMNITY, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY), AND EVEN IF FORESEEABLE, CAUSED BY STEGO’S BREACH OF THESE TERMS, OR STEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
11. Indemnification. The Member hereby indemnifies and agrees to hold Stego, its members, directors, officers, agents, employees, and their respective successors and assigns, harmless from and against any and all loss, damage, liability, claim, judgment, fine, expense, or the like, relating in any way to these Terms, the Program, the Member’s use and/or installation of the Stego Products, or the Member’s use and/or participation, or inability to use and/or participate, in the Program, including, but not limited to, any costs, liabilities, attorneys’ fees, and expenses that arise out of, as a result of, or otherwise relate to any actions, suits, claims, or demands that may be brought by reason of any acts or omissions of the Member, or any of its directors, officers, agents, or employees, including, but not limited to, (a) negligence or other tortious conduct, (b) the Member’s installation of the Stego Products, (c) representations or statements relating to the Stego Products not specifically authorized, (d) any warranty or guarantee given by the Member relating to the Stego Products, any breach thereof, and/or the breach of any applicable law or regulation relating thereto, (e) breach of any of the provisions of these Terms, (f) the violation of any applicable law, order, or regulation, or (g) any claims for damages asserted by the Member’s customers, agents, or employees. This agreement to indemnify, defend, and hold harmless Stego applies regardless of any negligence by Stego, except to the extent finally determined by a court of competent jurisdiction that the loss resulted from the sole fault or sole negligence of Stego. Stego shall request indemnification from the Member in writing for any claim or allegation for which indemnity is allegedly owed. Upon receipt of Stego’s request, the Member may elect to either (i) defend Stego against and settle, in the Member’s sole discretion, such claim or allegation, or (ii) decline to defend Stego against such claim or allegation, in which case Stego may elect to defend itself; in either case, the Member shall be responsible for the payment of any related expenses and such claims that are reduced to a certified, final, and appealable order by a court of competent jurisdiction.
12. No Representation; Assignment. Neither these Terms, the Program, participation in the Program as a Member, nor any right granted hereunder, shall (a) create or be deemed to create any agency, partnership, co-employer, joint venture, or other similar relationship with Stego, or (b) be assigned, sublicensed, or otherwise transferred by a Member without the prior express written consent of Stego. Notwithstanding the foregoing, Stego may, without consent, assign the Program and/or these Terms to any successor entity in connection with Stego’s merger, sale of assets, or other corporate reorganization.
13. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY AS IT INCLUDES AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTE BETWEEN YOU AND STEGO, A JURY TRIAL AND CLASS OR CONSOLIDATED PROCEEDINGS WAIVER, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS AND IMPACT HOW CLAIMS BETWEEN YOU AND STEGO ARE RESOLVED. You and Stego each agree to use reasonable best efforts to resolve informally, when possible, any dispute, claim, demand, or controversy arising out of or relating in any way to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (each, a “Dispute”) by mutual good faith negotiation and cooperation. In the event that you and Stego are unable to resolve a Dispute informally, you and Stego each agree to attempt in good faith to settle the Dispute by mediation. In the event that you and Stego are unable to resolve the Dispute by mediation, you and Stego each agree that the Dispute shall be completely and finally determined and settled by arbitration before a single arbitrator pursuant to the Judicial Arbitration and Mediation Services (JAMS) arbitration rules then in effect. Good faith mediation shall be a condition precedent to initiating arbitration. Unless otherwise agreed upon in a writing signed by Stego and you, the arbitration shall take place in Orange County, California, U.S.A. The award of the arbitrator shall be in writing, shall be final and binding upon you and Stego, shall not be appealed from or contested in any court and may, in appropriate circumstances, include injunctive or other equitable relief. You and Stego each acknowledge and agree that monetary remedies may be inadequate and that injunctive or other equitable relief may be appropriate to protect Confidential Information or Stego IP. The prevailing party in any claim made hereunder or any suit brought hereunder shall be entitled to its attorneys’ fees and costs of the action in addition to those costs and fees allowed under applicable statute or court rule. The arbitrator may, in the award, allocate all or part of the costs of the arbitration (including, but not limited to the fees of the arbitrator, attorney fees, and other costs). Judgment on such award may be entered in any court of appropriate jurisdiction, or application for a judicial acceptance of the award and an order of enforcement may be made to any court as the party seeking to enforce that award may elect. The prevailing party also shall be entitled to recover attorney fees and costs related to judicial acceptance, enforcement, or judgment on the award. YOU AND STEGO EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF AN ARBITRATOR OR COURT DETERMINES IN AN ACTION BETWEEN YOU AND STEGO THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND STEGO EACH WAIVE ANY RIGHT TO A JURY TRIAL.
14. Severability. The illegality, invalidity, or unenforceability of any provision of these Terms shall in no way effect or impair the legality, validity, or enforceability of the remaining provisions of these Terms.
15. Governing Law. These Terms, the Program, and the Member’s participation in the Program shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles that would require the application of any other law. By participating in the Program, you, the Member, consent and submit to personal jurisdiction and venue in the State of California.
16. Modifications, Cancellation. These Terms and/or any and all aspects of the Program, including, without limitation, Points, Points Activities, Rewards, offers, and participation in the Program as a Member, can and may be amended, modified, or terminated by Stego from time-to-time and at any time in its sole and absolute discretion, without notice or obligation.
All designated trademarks are the intellectual property of Stego Industries, LLC ("Stego"). Installation, Warranty, and State Approval Information: www.stegoindustries.com/legal. ©2023 Stego Industries, LLC. All Rights Reserved.
