END USER TERMS
Last Updated: January 12, 2022
- ELIGIBILITY AND OVERVIEW
1.1 The Stake Return on Rent™ Loyalty Program (the “Program”) and associated loyalty rewards (“Rewards”) are offered at the sole discretion of Stake Network Inc. (“Stake” or “we”) to lessees of apartments operated by third parties that have compensated Stake to enroll named lessee or lessees in the Program for a contractual period of time. Your participation in the Program is subject to all present and future Stake terms and conditions, including the Stake Return on Rent™ Loyalty Program Terms and Conditions (collectively the “Program Terms”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. Program Terms are void to the extent prohibited by law.
1.2 Membership in the Program is open to individuals who are legal residents of the United States who are at least 18 years old or the age of majority in the jurisdiction of residence, whichever is older, for their personal use only, and is limited to one (1) membership per individual. Corporations, associations, or other groups may not participate in the Program. Employees of Stake are not eligible to participate in the Program. Stake reserves the right at any time to limit the number of participants in the Program. Accrual of Rewards is contingent upon third party sponsorship of participants in the Program.
2.1 Individuals may enroll in the Program by leasing an apartment whereby the owner or operator has compensated Stake to include the lessee or lessees in the Stake Program (a “Stake Home”) for a determined period of time, accepting the Program Terms and downloading the Stake Mobile Application (“Stake App”). Only one (1) membership may be associated with a single email address or telephone number. In the event of a dispute over membership and for the purposes of these Program Terms, the Member is the natural person who is listed as a lessee of the Stake Home enrolled in the program and assigned to the submitted phone number by a telecommunications provider.
2.2 You are required to provide your full name, mailing address, email address, telephone number, social security number, date of birth, and banking information to begin earning rewards. You are solely responsible for maintaining the accuracy and privacy of the information provided and for updating it as required. To redeem Rewards (as defined below), you must have a valid physical address and banking instructions linked to your membership.
- PARTICIPATION AND BENEFITS
3.1 The Program is a way in which third party property owners and operators reward customers for living in a Stake Home. You may earn Rewards by paying rent on time and additional rewards (“Bonus” or “Bonuses”) by transferring less than 20% of the lifetime Rewards earned to a bank account associated with the Program. Stake may also, at its sole discretion, provide additional Rewards in connection with certain transactions and promotions. Rewards are subject to change from time to time and may be offered on a limited basis. Information regarding qualifying purchases and other actions are communicated through other media (e.g., direct mail, marketing communications, social media, etc.).
3.2 Rewards earned through the Program are non-negotiable and can only be redeemed, either in whole or in part, for cash according to the redemption value stated in the mobile application. Redemption of Rewards to the Stake Consumer Deposit Account are governed by Stake Consumer Deposit Account Agreement, Cardholder Terms and Conditions, and the Cash Back Program Terms and Conditions. All Rewards remain the possession of Stake until such time they are redeemed. A Member may only accumulate the Reward by paying rent for a Stake Home. If you do not make rent payments in accordance with the terms of your lease or obtain Rewards through fraudulent or other activity that violates these Program Terms, the activity will be automatically deducted from your Rewards balance. Rewards do not constitute property of any Member or any other person and may not be brokered, bartered, pledged, gifted, sold, or otherwise transferred, other than by Stake or as otherwise expressly provided for in these Program Terms, and any receipt or use of Rewards in violation of these Program Terms will render such Rewards void. Rewards and electronic access to Rewards may not be shared or combined. After twenty-four (24) months of inactivity, the balance may be automatically redeemed, and the value paid to you by Stake. “Inactivity” is defined as a period in which a Member earns no Rewards, makes no qualifying rent payments, takes no qualifying actions, and makes no redemptions.
3.3 Stake reserves the right to change Program Terms and how we evaluate each qualifying rent payment and/or action. We further reserve the right to place limits on the number of actions that are eligible for the Program.
3.4 If you have concerns that a rent payment or other action was not properly applied to your membership, you should contact Stake at email@example.com. Your email must specify your name, address, phone number, and email address associated with your membership, the date of the action, and the issue(s) you encountered. This email must be sent within forty-five (45) days after the action took place.
3.5 You may redeem Rewards by logging into the Stake app. Rewards redeemed for cash must be sent to the bank account specified upon enrollment. Rewards redemptions will be deducted from the total available Rewards. Credits from multiple memberships may not be aggregated unless authorized by Stake. You are solely responsible for any tax liability, including disclosure, related to your participation in the Program.
4.1 By joining the Program, you consent to receive communication, including reward confirmations, from Stake electronically and agree that such electronic communication satisfies any legal requirements that such communications be in writing. You will be automatically subscribed to receive, and you consent to receive Program emails, including Program marketing emails, from us and/or our partners. Such emails include, but are not limited to, a Program welcome email, redemption confirmation email, membership update email, or other communications that relate to your membership.
4.2 You may opt-out of the Program at any time as set forth in Section 5.5 of these Program Terms; however, you may still receive emails relating to your Stake membership.
- TERMINATION AND MODIFICATION
5.1 Membership may be revoked by Stake, in its sole discretion, at any time. Any abuse of the Program; failure to follow Program Terms; misrepresentation; or conduct that may be detrimental to Stake or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Program Terms, we also have the right to take appropriate legal action.
5.2 If Stake terminates the Program or your membership is revoked, any available Rewards will be redeemed, and your access to the Program and its features will automatically terminate, at Stake’s sole discretion.
5.3 Qualifying payments and actions, as reflected in Stake’s records, shall be deemed correct, and Stake reserves the right to determine the qualification for any transaction.
5.4 If you decide you no longer want to be part of the Program, you may cancel your membership at any time by contacting Stake Customer Service at firstname.lastname@example.org. Your email must specify your name, address, phone number, and email address associated with your membership, and confirm that you wish to be removed from the Program. It may take up to ten (10) business days for your cancellation to be completed.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1 Neither Stake nor its subsidiaries, affiliates, directors, employees, agents, partners, or licensors makes any representations or warranties of any kind whatsoever, express or implied, in connection with these Program Terms or any of the Rewards associated therewith, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. We make no warranties that defects or errors will be corrected.
6.2 You agree that neither Stake nor its subsidiaries, affiliates, directors, employees, agents, partners, or licensors will be responsible for or liable (in contract, warranty, or in tort - including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealing with or the presence of any third-party links on the Program site or on www.stake.rent or use of any Reward of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Program site or www.stake.rent, including during hyperlink to or from third-party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control, including without limitation any act of God, act of war, natural disaster, cyberattacks, terrorism, or any act or omission of a third party.
6.3 You agree that neither Stake nor its subsidiaries, affiliates, directors, employees, agents, contractors, contractual partners, providers, or licensors shall be responsible to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other tangible losses (even if Stake had been advised of the possibility of such damages), related to the Program or your participation therein, whether in contract, warranty, or in tort (including negligence) even if Stake has been advised of the possibility of such damages, and in no event shall Stake’s maximum aggregate liability for such claims exceed one hundred dollars (US$100.00).
6.4 You further agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, your participation in the Program, use of any Rewards or these Program Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Program, termination of your membership is your sole remedy. We have no other obligation, liability or responsibility to you.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. This Section 6 will survive termination of a Member’s participation in the Program.
- PROHITIBED USES
7.1 You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that competes with our business of providing an online platform for our Stake Home clients to reward their customers.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any mass advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Stake, a Stake employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Stake or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
8.1 You agree to defend, indemnify and hold harmless Stake, its affiliates, subsidiaries, directors, employees, agents, partners, contractors, contractual partners, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of your participation in the Program in violation of any law, rule, regulation, guideline, or these Program Terms, and/or your violation of any rights of another.
- CHOICE OF LAW AND DISPUTE RESOLUTION
9.1 The Program and these Program Terms are governed by laws of the State of New York, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within New York for any claims arising out of or relating to the Program or your participation therein or the Program site.
9.2 Any dispute, controversy, or claim related in any way to the Program, these Program Terms, your Program membership, or the relationship between Stake and you shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Stake’s intellectual property rights, Stake may seek injunctive relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Program Terms shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
- CONTACT US
11.1 For more information about the Program and your Program membership, please contact us at email@example.com, call or text us at (206) 385-4044, or chat with us 24/7 in the Stake Mobile App. We are not responsible for requests or correspondence that is lost or delayed in the mail or via the Internet.
IF YOU DO NOT AGREE TO ALL OF THESE PROGRAM TERMS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM, OR TERMINATE YOUR MEMBERSHIP, AS APPLICABLE.