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Thank you for using Ultrinsic, a website that allows individuals to create incentives and reach their academic goals. The Ultrinsic website and related services are operated by Ultrinsic LLC. (hereafter, "us", "we", "Ultrinsic", or the "Company"). By registering, accessing or using Ultrinsic's website at www.ultrinsic.com, any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together the "Site"), you (the "User") signify that you have read, understand, and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member of Ultrinsic. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that Ultrinsic will post the changes to these Terms of Use on this. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations.

  1. Eligibility. Use of the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement. The Site makes no representations or warranties, implicit or explicit, as to your legal right to use the Site. You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and you are solely responsible for obeying those laws. You agree that the Site cannot be held liable, if laws applicable to you restrict or prohibit your use of the Site. The Site reserves the right to monitor the location from which you access the Site and the right to block access from any jurisdiction in which participation is prohibited or restricted. The Site may require any user to provide the Site with proof that he or she is eligible to use the Site.
  2. Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
  3. Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any forms on the Site ("Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Providing incomplete, false, or inaccurate information will result in immediate termination of your account and forfeiture of any money to which you are otherwise entitled.
  4. User Conduct.
    1. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. The User represents, warrants and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
    2. The User agrees not to use the Site or to authorize any other person to use the Site to:
      1. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
      2. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
      3. use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
      4. use automated scripts to collect information from or otherwise interact with the Site;
      5. upload, post, transmit, share, store or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
      6. upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
      7. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
      8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
      9. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      10. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
      11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
      12. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      13. intimidate or harass another;
      14. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
      15. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site.
      16. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
  5. Incentives.
    1. Course Incentives. "Your Contribution" is the dollar amount you contribute to the "Incentive." "Ultrinsic's Contribution" is the dollar amount that Ultrinsic contributes to the "Incentive". "Your Contribution" is deducted from your account when you create of the incentive. If you do not achieve your target grade, "Your Contribution" will not be returned to you. Your "Incentive" is the dollar amount that will be deposited in your account if you achieve your "Target Grade". Your "Target Grade" is the minimum grade you need to receive in the specified course to earn your "Incentive". The grade that you receive in the specified course refers exclusively to the overall course grade as displayed on your transcript.
    2. Semester Incentive. "Your Contribution" is the dollar amount you contribute to the "Incentive." "Ultrinsic's Contribution" is the dollar amount that Ultrinsic contributes to the "Incentive". "Your Contribution" is deducted from your account when you create of the incentive. If you do not achieve your target grade, "Your Contribution" will not be returned to you. Your "Incentive" is the dollar amount that will be deposited in your account if you achieve your "Target GPA". Your "Target Grade" is the minimum GPA (Grade Point Average) you need to receive in the specified course to earn your "Incentive".
    3. Multicourse Incentive. "Your Contribution" is the dollar amount you contribute to the "Incentive." "Ultrinsic's Contribution" is the dollar amount that Ultrinsic contributes to the "Incentive". "Your Contribution" is deducted from your account when you create of the incentive. If you do not achieve all of your target grades, "Your Contribution" will not be returned to you. Your "Incentive" is the dollar amount that will be deposited in your account if you achieve all of your "Target Grades". Your "Target Grades" are the minimum grades you need to receive in the specified courses to earn your "Incentive". The grades that you receive in the specified courses refer exclusively to the overall course grades as displayed on your transcript.
  6. Insurance.
    1. Course Insurance. The "Premium" is the dollar amount that is deducted from your account upon the purchase of the insurance. Your "Coverage" is the dollar amount that will be deposited in your account if you receive in the grade specified in your "Policy Terms". The "Policy Terms" are the terms under which you will receive your coverage amount. If you receive the specified grade or lower, you will receive your coverage amount. The grades that you receive in the specified courses refer exclusively to the overall course grades as displayed on your transcript.
    2. Semester Insurance. The "Premium" is the dollar amount that is deducted from your account upon the purchase of the insurance. Your "Coverage" is the dollar amount that will be deposited in your account if you receive the GPA (Grade Point Average) specified in your "Policy Terms". The "Policy Terms" are the terms under which you will receive your coverage amount. If you receive the specified GPA or lower, you will receive your coverage amount.
  7. Academic History and Current Schedule
    1. You are required to ensure that at the time of any purchase on the Site, there are no discrepancies between your Academic History and Current Schedule as displayed in your Ultrinsic account and your Academic History and Current Schedule on official record at your school. This responsibility remains on you even if Ultrinsic downloads your academic history inaccurately at the beginning of the semester from your online student account or if the you email your academic history to Ultrinsic and Ultrinsic inaccurately uploads the information to the your account. In all situations it is your responsibility to check to make sure that Ultrinsic has the correct information posted to your account.
    2. If Ultrinsic determines that at the time of any purchase on the Site, there were any discrepancies between your Academic History and Current Schedule as displayed in your Ultrinsic account and your Academic History and Current Schedule on official record at your school, Ultrinsic may cancel or modify any outstanding incentive, insurance policy, and/or contests.
    3. If the discrepancy is located in the Current Schedule than Ultrinsic will modify any outstanding incentive, insurance policy, and/or contests.
    4. Ultrinsic may charge a $5 fee per discrepancy. In determining the number of discrepancies, Course Title/Number, Course Credits, and Course Grade are considered separate entities.
    5. In the event that you should add or drop a course, you are responsible for informing Ultrinsic. Ultrinsic may modify the terms of any outstanding incentive, insurance policy, and/or contest.
  8. Calculation of Grade Point Average (GPA). Ultrinsic calculates a student's GPA according to the rules of that student's school.
  9. Official Transcript.
    1. You are responsible to pay any fees related to obtaining your official transcript from your school.
    2. You are responsible for the delivery of your official transcript to Ultrinsic. Ultrinsic is not responsible for obtaining your official transcript nor is Ultrinsic responsible for the delivery of your official transcript from your school to Ultrinsic. This includes but is not limited to the following situations: if you request an official transcript from your school and your school does not send it or if you request an official transcript from your school and the school sends it to Ultrinsic but the transcript is not received by Ultrinsic before the last day to submit transcripts.
  10. Proof of Grades. Ultrinsic retains the right to decide what constitutes sufficient proof of grades. An official transcript is an example of valid proof. At Ultrinsic's discretion, other forms of proof may be accepted as valid proof. In certain situations, Ultrinsic may require two forms of proof.
  11. Withdrawals. Ultrinsic reserves the right to process a withdrawal via cash disbursement, the issuance of a check, and/or the refunding of a credit card purchase. For example, if you wish to withdraw $100 and you initially funded your account with a credit card purchase of $50, we may refund $50 to your credit card and $50 through the issuance of a check.
  12. Access to School Account. By providing Ultrinsic with your username and password for your online school account, you authorize Ultrinsic to access the account and to view and record any information in your account.
  13. Credit Card Use. In order to maintain data accuracy and ensure the correct use of information, Ultrinsic has put in-place appropriate electronic and managerial procedures to safeguard and secure the information we collect on-line. Ultrinsic utilizes sophisticated encryption technology to ensure that sensitive data is transferred securely and the Site is protected by latest firewall systems.
    Members must keep their personal account information (Name/Password) strictly confidential and are solely responsible for their account transactions. It is an account holder's direct responsibility to securely log-off the Site after accessing his/her account to prevent any unauthorized access. The account holder agrees that the Site is not liable for any loss caused by any unauthorized use of the account holder's credit card or other method of payment by a third party in connection with this Site. Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by an account holder to honor legitimate charges or requests for payment will result in immediate termination of his/her account, forfeiture of any funds to which the account holder maybe otherwise entitled, and civil and/or criminal prosecution. The Site may impose a dollar amount limitation on the credit card transactions in which you engage to fund activities on the Site.
  14. Fraudulent Activity. Any user attempting any fraudulent activity, will be disqualified from use of the Site, denied funds, and if warranted, reported to the authorities.
  15. Full Assumption of Risk of Loss and Indemnification.
    1. Students who choose to use Ultrinsic.com do so at their own discretion and risk. There is the risk of loss of money.
    2. The Site may impose limitations on the net dollar amount you may lose on the Site during a specific period. Should your losses reach the internally designated limit, you may be restricted from using the Site. The Site reserves the right to change these dollar amount limitations at any time.
    3. You may not use the Site if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and that such rules, regulations, terms and conditions may change from time-to-time.
    4. You agree to hold Ultrinsic, its employees, officers, directors, licensees, affiliates, partners, subsidiaries, advertising, promotion or other agencies, and agents completely harmless and fully indemnify them from any and all costs, expenses, liabilities and all damages whatsoever that may arise as a result of your; (i) entry or use the Web site, (ii) use of any materials at the Web site, (iii) entry or participation in anything offered from the site (iv) incurring Losses or the accepting Earnings, or (v) participating in any form of incentive, insurance and/or contest.
  16. Disclaimer. You agree that the Site is not responsible for any damage, loss, or injury resulting from use, access, or attempted use or access of the Site. You further agree that the Site is not liable for any damage, loss, or injury caused by downloading any information from the Site. Without limiting the generality of the foregoing, you agree that the Site is not liable for any damage to the your personal computer, any damage, loss, or corruption of data, or any consequential or incidental damages arising from use of the Site.
  17. Third Party Websites and Content.
    1. The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
    2. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
  18. No Warranty. All products and services provided on the Site are herein provided on an "As Is" basis, without Warranty of any kind, either Express or Implied, including but not limited to Implied Warranties of Merchantability, Fitness for a particular purpose. No person affiliated with Ultrinsic, or claiming any affiliation has any authority to extend any such warranties. You understand and unconditionally agree that Ultrinsic cannot be held responsible for any browser issue or any other related or unrelated malfunction that your computer system may experience.
  19. Acceptance of Risk of Disconnection. You must understand and accept the risk of Internet disconnections as they can and do occur - there are many separately managed networks connecting your location to Ultrinsic - each is a potential point of occasional failure.
  20. Taxes. It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who earns in excess of $600 (USD) on the Site in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. If your total rewards on the Site in any given year reach $600, the Site will request that you submit your social security number in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in the Site's inability to credit your account for any winnings in excess of $600.
  21. Proprietary Rights in Site Content; Limited License.
    1. Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of Ultrinsic and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Ultrinsic's prior written permission.
    2. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
  22. Attempted Unauthorized Access or Tampering. You agree that the Site is not responsible for any damage, loss, or injury resulting from tampering, or other unauthorized access or use of the Site or your account. Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any and all funds to which you may have been otherwise entitled to.
  23. Promotional Activities. You agree that the Site may display your name and contest records. By claiming any Reward, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name and biographical information for promotional purposes without additional compensation.
  24. Submissions. If you send comments or suggestions to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you.
  25. Miscellaneous.
    1. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Delaware.
    2. Arbitration. You and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Delaware in accordance with the Consumer Procedures and Rules of the American Arbitration Association.
    3. Privacy. The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your e-mail, your transcript and information regarding your IP address) to third parties without your consent, except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your opening of an account constitutes consent for the Site's disclosure of personal information as described above. Ultrinsic has the right to display the names of the users in any Contest.
    4. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
    5. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
    6. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 22 (Proprietary Rights in Site Content), and this Section 13 (Miscellaneous).
    7. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site. These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
    8. Validity and Enforceability. If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
    9. Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
 
 
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