Terms and Conditions

Welcome to the HomePoints rewards program web site (referred to as “HomePoints.com”). It is important that You understand both the benefits and limitations as a Member of the HomePoints rewards program. Please review these terms and conditions (referred to as “Terms and Conditions” or the “Agreement”) as it represents an agreement between You and Us. By accessing the HomePoints.com web site You are agreeing to and accepting these Terms and Conditions and the Privacy Policy incorporated herein by reference. Both the Terms and Conditions and the Privacy Policy may be amended at any time. By accepting these Terms and Conditions and the Privacy Policy, You are agreeing to be legally bound by them. Participating in the HomePoints rewards program is equivalent to Your legally binding signature and shall have the same legal effect as if You made Your hand written signature on a paper copy of these Terms and Conditions and Privacy Policy. We are relying upon Your agreement in making available to You the HomePoints rewards program. You should not participate in the HomePoints rewards program if You disagree with any of the Terms and Conditions or Privacy Policy.

This Agreement is binding on the person or entity registering for membership to the HomePoints rewards program (“Member”). The terms “We,” “Us,” or “Company” in the Agreement refer to New Casa 188, LLC. The terms “Member,” “Your” or “You” refer to the HomePoints rewards program Member, whether an individual, partnership, limited liability company, or corporation. Merchants and participating suppliers are all merchants and suppliers referenced on the HomePoints.com web site and GiftCertificates.com web site hereafter shall be referred to as “Merchants”.

THE HOMEPOINTS REWARDS PROGRAM.
The HomePoints rewards program is a loyalty program through which Members collect points that may be redeemed for gift certificates that are used to purchase products and services from participating Merchants. Membership in the HomePoints rewards program is available to You through Our arrangement with Ellie Mae, Inc., various sub-contractors and service providers and vendors as well as other participating providers.

BECOMING A HOMEPOINTS MEMBER.
If You are 18 and older and a resident of or an entity (owned by someone 18 years or older) registered in the United States, You may be eligible to become a Member. The HomePoints rewards program is not necessarily available everywhere in the United States and is not available outside the United States. Non-United States’ residents or entities are not eligible to become a Member and are not eligible to earn or receive points or rewards through the HomePoints rewards program. To become a Member, You are required to complete an online Member registration available at HomePoints.com and read and agree to the Privacy Policy incorporated herein and these Terms and Conditions. We reserve the right at any time to limit membership in the HomePoints rewards program, refuse membership to You, or modify or terminate Your membership and use of the HomePoints rewards program. Your membership in the HomePoints rewards program is non-transferable.

HOW TO COLLECT POINTS.
As a Member, You will earn points by purchasing qualifying products and services from participating merchants and suppliers. We will award points to You based on the type of product or service You purchase from participating merchants and suppliers, provided, however, that the specific merchant, supplier or service provider with whom you have transacted has funded your reward points with us. We reserve the right to change the number of points awarded for such purchases at any time. No points will be awarded for any shipping, taxes, gift wrapping or other excluded expenses. We do not provide points for all purchases You make with participating merchants and suppliers. For example, certain gift cards, services, special offers or other benefits offered to Members from participating merchants and suppliers will not qualify for points. You can learn more about such non-qualifying products or services at HomePoints.com. Points will be awarded only after You comply with all applicable rules, limitations and terms and conditions for collecting points. If You return a product or cancel a service for which points are allocated, We will deduct such points from Your accumulated or future point award. Your points will be awarded to Your account the month after You make Your qualifying product or service purchase from participating merchants and suppliers, payment for such product or service is verified by the merchant or supplier, the product is delivered to You or the service is performed and You have complied with all applicable rules, limitations and terms and conditions. We reserve the right to award points later if additional time is needed for verification. You are responsible for ensuring the accuracy of Your point account. If You do not believe that points were properly accrued to You, You must notify Us at support@member.homepoints.com within 15 days of the day the points were credited to You. We reserve the right to require proof of purchase of qualifying products and services from qualifying merchants or suppliers. Our determination regarding the awarding of points is final and binding.

You may only accrue points by placing orders for products or services from participating merchants and suppliers through our HomePoints.com web site or our HomePoints Connection call center. We reserve the right to change, add, amend, or delete product and service ordering procedures. You will not receive points by placing orders for products or services directly through participating merchants or supplier’s web sites, call centers or stores. We reserve the right to change, add or remove methods by which Members may collect points and which merchant purchases qualify for points. Participating merchants may change at any time. No points will be allocated for purchases from merchants that are no longer participating in the HomePoints rewards program.

Members may not combine, transfer, trade or sell points to other Member’s accounts. Any attempt to combine, transfer, trade or sell points will result in disqualification from the HomePoints rewards program and forfeiture of all such Members’ points.

HOW TO REDEEM POINTS.
You must have a minimum of 2500 points to qualify for redemption. Members may redeem their points for gift certificates that can be used for products and services available from participating Merchants. Members can redeem points for gift cards by accessing the HomePoints.com web site. You must comply with all applicable rules, limitations, terms and conditions for redeeming points. We reserve the right to modify the rules, limitations, terms and conditions for redeeming points at any time for any reason. We reserve the right to modify the list of Merchants and the point values for products and services available to earn points for any reason. All point redemptions for gift certificates are final. Refunds, exchanges and other issues for products and services acquired through gift certificates using redeemed points are governed by the Merchants’ terms and conditions and are not Our responsibility.

FORFEITING YOUR POINTS.
Your points will be forfeited if (a) You remain inactive for a period of twelve months; (b) You cancel Your membership in the HomePoints rewards program or opt out of participating in the HomePoints rewards program; (c) Membership fees, if any, are not paid in full when due; or (d) You violate these Terms and Conditions. We may, but are not required to, permit You to rejoin the HomePoints rewards program. However, all points accrued under Your previous membership will be forfeited. If Your membership is cancelled by Us without cause, then for 30 days from the date of cancellation, You may redeem Your accrued points for gift certificates if Your accrued points total the minimum amount eligible for redemption. If Your accrued points are not enough to meet the minimum amount eligible for redemption they will be forfeited. We reserve the right to amend the rules regarding forfeiture of points at any time. Points have no cash value.

AVAILABILITY OF PRODUCTS AND SERVICES.
The products and services acquired through gift certificates available through participation in the HomePoints rewards program are not manufactured and/or provided by Us. The information we provide regarding such products and services is provided for informational purposes only and should not be considered an offer to make those products and services available by Us or our affiliates to You. Neither We nor our affiliates have any obligation to provide any product or service to You. Prices, rewards points, availability, product types and services and terms and conditions for products and services offered by any Merchant are completely within the control and discretion of the Merchant and may be changed at any time. Neither We nor Our affiliates guarantee availability, type, price, nature or terms and conditions for any services or products offered by any Merchant. We do not endorse any products or services and we do not own, operate, manage or control and are not responsible for any Merchant. NEITHER WE NOR OUR AFFILIATES MAKE ANY GUARANTEES OR WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE CONCERNING THE HOMEPOINTS REWARDS PROGRAM OR PRODUCTS AND SERVICES OBTAINED THROUGH THE HOMEPOINTS REWARDS PROGRAM. NEITHER WE NOR OUR AFFILIATES ARE LIABLE FOR ANY INJURY, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY, OR ANY EXPENSE, ACCIDENT OR INCONVENIENCE THAT MAY ARISE IN OR FROM THE HOMEPOINTS REWARDS PROGRAM OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE HOMEPOINTS REWARDS PROGRAM.

PROGRAM RULES; CHANGES.
We and/or Merchants reserve the right at any time, in Our sole discretion without notice and without any liability or obligation to establish general practices and limits concerning use of the HomePoints rewards program; change any general practice, or program rule or limit the use of the HomePoints rewards program; suspend or terminate the HomePoints rewards program, in whole or in part; modify, limit or change the HomePoints rewards program, in whole or in part; or assign the HomePoints rewards program, in whole or in part. You agree that if You object to any of the HomePoints rewards program’s rules and regulations or changes or otherwise become dissatisfied with the HomePoints rewards program, Your only remedy is to immediately discontinue participation in the HomePoints rewards program. You will notify Us if You elect to discontinue participation in the HomePoints rewards program by following the procedures set out at HomePoints.com. Changes, modifications, termination or limitations will be effective immediately unless We or our Merchants indicate otherwise and may include, but are not limited to, product and services, point values, method for redeeming points for gift certificates, participating merchants for purchasing products and services using gift certificates, equipment needed to access the HomePoints.com web site, these Terms and Conditions, any feature of the HomePoints website, any feature of the HomePoints rewards program or any Merchants or web site. The most current version of these Terms and Conditions will be available at HomePoints.com and will supersede all pervious versions of these Terms and Conditions.

TERMINATION.
We may terminate the HomePoints rewards program at any time, for any reason with or without notice. You will have 30 days from the date of termination to redeem Your accrued points. If Your accrued points are not enough to meet the minimum amount eligible for redemption they will be forfeited.

MERCHANTS.
Participating Merchants are solely responsible for accepting, processing and fulfilling Member’s orders for products and services using gift certificates acquired through redeemed points. The rules, terms and conditions set out by each Merchant will govern the order and fulfillment process. We have no responsibility or liability for accepting, processing of fulfilling any Member’s orders for products and services using gift certificates acquired through redeemed points.

CANCELLATION OF MEMBERSHIP.
You may cancel Your membership in the HomePoints rewards program at any time and for any reason by notifying us at support@member.homepoints.com. We may also cancel Your membership in the HomePoints rewards program at any time. Upon cancellation, You will no longer be eligible to receive points or participate in the HomePoints rewards program, except as provided for in the HomePoints rewards program rules that are in effect at the time Your membership is cancelled.

FEES.
We do not currently charge any fee, subscription or service charge (“Fees”) to You to participate in the HomePoints rewards program. We reserve the right to charge Fees in the future. If Fees are assessed by Us and You do not terminate Your participation in the HomePoints rewards program, You agree to pay such Fees in accordance with the payment terms that We set out. You agree to pay for all costs (including attorney’s fees), if any, incurred by Us in collecting overdue Fees from You and pay a late charge on any overdue Fees at a rate of 1.5% per month or the maximum rate allowed under applicable law. You also agree to pay all federal, state and local taxes, if any, applicable to Your access and use of the HomePoints rewards program.

YOUR OBLIGATIONS.
As a Member, You must comply at all times with all laws, rules and regulations and Terms and Conditions applicable to Your use of the HomePoints rewards program. You will not use the HomePoints rewards program for any unlawful purpose. As a Member, You must also agree to receive communications via the HomePoints program or HomePoints rewards program. The Privacy Policy for the HomePoints program is available at HomePoints.com.

LINKING TO THIRD PARTY WEB SITES.
The HomePoints rewards program may include references or hyperlinks to Merchants, and/or third party web sites or resources. These hyperlinks to Merchants and/or third party web sites are provided only as a convenience and do not imply any endorsement of any such web sites. We do not control, and are not responsible for, the content or privacy policies on, or the security of any such web sites. We are not responsible for the availability, content, infringement, advertising or other materials available on or through such web sites. We are not responsible for any merchandise or services available on such websites of by such Merchants. You acknowledge and agree that We are not liable for any damages or loss caused or alleged to be caused by or in connection with any Merchants and/or third party web sites.

PRIVACY POLICY.
Our Privacy Policy describes how We use and protect information that You provide to Us.

COPYRIGHTS AND TRADEMARKS.
The HomePoints rewards program and content on our HomePoint.com website is Our property, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, alter, publish, sell, license, create derivative works or otherwise use any information available on or through the HomePoints rewards program or HomePoints.com web site. You may not use Our trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to, use as “hot links” or meta tags in other pages or sites on the Internet without Our written permission. We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to the HomePoints rewards program, all information, resources, content, tools, services and other features accessible therefrom, all of Our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that We specifically grant to You in and subject to these Terms and Conditions, nothing shall be deemed to grant You any right, title, interest or license in or to any of the foregoing. All privileges granted to You are limited, non-exclusive, non-transferable, and revocable.

NO WARRANTIES.
INFORMATION, SERVICES AND PRODUCTS PROVIDED THROUGH HOMEPOINTS REWARDS PROGRAM AND HOMEPOINTS.COM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE HOMEPOINTS REWARDS PROGRAM, HOMEPOINTS.COM OR MERCHANTS AND THIRD PARTIES WEB SITES. YOUR USE OF THE HOMEPOINTS REWARDS PROGRAM IS AT YOUR OWN RISK. MEMBERS AGREE TO RELY SOLELY ON MANUFACTURER’S OR SERVICE PROVIDER’S WARRANTIES, IF ANY, FOR ANY PRODUCTS OR SERVICES REDEEMED THROUGH THIS REWARDS PROGRAM.

LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL WE, OUR MERCHANTS AFFILIATES OR ANY OF OUR, OUR MERCHANTS OR AFFILIATES’ PARENTS, SUBSIDIARIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “RELEASEES”), BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM (I) ACCESS TO, USE OF, OR INABILITY TO USE THE HOMEPOINTS REWARDS PROGRAM OR HOMEPOINTS.COM WEBSITE OR ANY MERCHANT OR THIRD PARTIES WEB SITE; (II) DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF RELEASEES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (III) ANY FAILURE TO RECEIVE OR PROCESS ANY ORDERS, PURCHASE TRANSACTIONS, INFORMATION ON POINTS OR REDEMPTION OF POINTS; (IV) ANY PRODUCTS OR SERVICES PURCHASED FROM MERCHANTS THROUGH THE HOMEPOINTS.COM WEB SITE OR THE HOMEPOINTS REWARDS PROGRAM; (V) THE FAILURE OF ANY MERCHANT TO ACCEPT, PROCESS OR FULFILL ANY PRODUCT OR SERVICE PURCHASE ORDER OR REDEMPTION OF POINTS; OR (VI) ANY FAILURE OF PERFORMANCE, INCLUDING BUT NOT LIMITED TO, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, EQUIPMENT FAILURE, SOFTWARE BUG, COMPUTER VIRUS, SABOTAGE, UTILITY FAILURE, COMMUNICATION LINE FAILURE, CASUALTY, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF RECORDS. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY ACTS OR OMISSIONS OF MERCHANTS OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. IN NO EVENT SHALL RELEASEES LIABILITY HEREUNDER TO YOU FOR ANY CAUSE WHATSOEVER ARISING IN CONNECTION WITH THE HOMEPOINTS REWARDS PROGRAM EXCEED TWENTY-FIVE ($25.00) U.S. DOLLARS.

VIOLATIONS OF TERMS; INDEMNITY.
We reserve the right to seek all remedies available at law and in equity for Your violations of these Terms and Conditions. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, MERCHANTS AND OUR AFFILIATES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, IF YOU VIOLATE THESE TERMS AND CONDITIONS AND FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT YOU ENGAGE IN WHILE USING THE HOMEPOINTS REWARDS PROGRAM.

TAXES.
You are responsible for all income, sales and other taxes due or owing for all points awarded to You and redeemed by You. If required, We will provide You with the Internal Revenue Service reporting form (currently form 1099), each year indicating the points awarded to You during the tax year. You will be required to provide us with the necessary information required for such Internal Revenue Service reporting form. Such information will be subject to Our Privacy Policy.

EQUIPMENT.
All Members are responsible for their own equipment and materials, including maintaining all telephone, computer hardware and software, and other equipment or software needed for access to and use of the HomePoints rewards program.

FORCE MAJEURE.
Neither We, nor our Merchants, or Affiliates are responsible for any for delays or any failure of performance of the HomePoints rewards program, where performance is made commercially impracticable including, but not limited to, the failure of any server hardware or software to operate or function properly; the inability to link to, access, conduct business or confirm transactions on or through the HomePoints.com web site, HomePoints Connection or Merchants’ web sites; or any delay caused by earthquake, flood, fire, storm or other casualty or natural disaster, epidemic, accident, explosion, act of God, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), terrorist attack, sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, lack of availability of any product or service advertised or promoted on the HomePoints.com web site or Merchants’ web site; failure of any e-mail communication to a Member; or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree binding on Us or Merchants.

NON-WAIVER PROVISION.
Our or our Merchants’ failure to exercise any rights stated in these Terms and Conditions shall not constitute a waiver of their right to exercise any such rights in the future or demand exact compliance therewith. Any waiver of any breach of any provision of these Terms and Conditions will not constitute a waiver of any prior, concurrent, or subsequent breach of these Terms and Conditions.

AREA OF SERVICE; EXPORT CONTROL.
Access to the HomePoints rewards program is not necessarily available everywhere and is not available to those outside the United States. We do not authorize the use of the HomePoints rewards program to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By using the HomePoints rewards program, You represent and warrant to Us that You are not located in, under the control of, or a national or resident of any such country or on any such list.

ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between You and Us with respect to Your use and participation in the HomePoints rewards program. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

JURISDICTION/GOVERNING LAW.
All questions or disputes regarding eligibility for Membership, collecting and redeeming points or Your compliance with these Terms and Conditions will be resolved by Us in our sole discretion. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, USA, and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to the HomePoints rewards program and the subject matter contained herein shall be maintained in the courts of the state of New York or the federal district courts sitting in New York, which courts shall have exclusive jurisdiction for such purpose. Any cause of action You may have with respect to Your use of the HomePoints rewards program or participation in the must be commenced within one (1) year after the claim or cause of action arises. As a condition to participating in the HomePoints rewards program, You agree that all disputes, claims and causes of action shall be resolved individually, without resort to any form of class action.

INVALID PROVISION.
If any provision or paragraph in these Terms and Conditions and the instruments and documents referred to herein or any amendment(s) thereto is held to be invalid by a court of competent jurisdiction, all other provisions and paragraphs shall remain valid and in full force and effect.

Rev 70808