TRYPSCORE™ REWARDS PROGRAM TERMS AND CONDITIONS

Last updated October 1, 2023

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS SET FORTH IN SECTION 24 OF THE TRYPSCORE TERMS OF USE.

THESE TERMS AND CONDITIONS GOVERN THE TRYPSCORE REWARDS PROGRAM (THE “PROGRAM”).

ACCEPTANCE OF REWARDS PROGRAM TERMS AND CONDITIONS.
These TrypScore Rewards Program Terms and Conditions (these “Program Terms”) set forth the terms and conditions for a rewards program operated by or on behalf of Medidas Digital Inc. (“Medidas”) in connection with the TrypScore service, including the TrypScore application (the “App”), the Safe Roads Challenge™ application (the “Safe Roads Challenge Portal”), content, games, social media, and other user activities associated with the service. These Program Terms are in addition to the TrypScore Terms of Use (https://trypscore.com/terms-of-use) and the Safe Roads Challenge Terms of Use (https://saferoadschallenge.com/terms-of-use/ ), (these Program Terms, the TrypScore Terms of Use and the Safe Roads Challenge Terms of Use are, collectively, the “Terms”) and the TrypScore Privacy Policy (“Privacy Policy”) (https://trypscore.com/privacy-policy) all of which are hereby incorporated by reference. By using or participating in the Program, you agree to the following terms and policies (and any successor urls):

Medidas reserves the right to update and change, from time to time, these Program Terms and all documents incorporated by reference. You can find the most recent version of the Terms and the Privacy Policy at the URLs listed above. You should check these documents regularly for any updates. Your continued use of the Program will constitute acceptance of any modified terms. In the event of any conflict or inconsistency between these Program Terms and the Medidas Terms of Service incorporated herein, these Program Terms will prevail, govern and control with respect to any matters pertaining to the Program and the Medidas Terms of Service will prevail, govern and control with respect to all other matters.

YOU ARE AGREEING TO BE BOUND BY THESE PROGRAM TERMS AND ALL DOCUMENTS INCORPORATED BY REFERENCE, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.

1. INTRODUCTION.

1.1     The Program is a rewards program and to participate in the Program you must have a TrypScore account, use the App and have Internet access. The Program provides eligible TrypScore account holders with the opportunity to earn Points in the form of “Pyns” or “XP” as well as contest entries by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. From time to time, TrypScore may run a contest from one of their social media accounts and to participate in those contests, you must meet the eligibility requirements as stated on the contest rules. These Program Terms govern the Program along with any other terms or policies incorporated by reference into these Program Terms.  The Program is only for your own personal use.

2. ELIGIBILITY AND ENROLLMENT.

2.1     The Program is open only to individuals who have a valid TrypScore account and individuals who comply with the eligibility requirements of the Terms, are legal residents of the fifty (50) United States and the District of Columbia or a resident of Canada (not including the Province of Quebec), and are not a prohibited party identified on any government export exclusion lists (see e.g. http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm).  Registration for a TrypScore account is free.  You will be automatically enrolled in the Program once you log-in to TrypScore using your TrypScore account and complete your first Point-earning activity.  Any person whose TrypScore account has been terminated or suspended by Medidas is NOT eligible to participate.  Limit one (1) Program account per person. You cannot have more than one Program account, even if you have multiple TrypScore accounts.  Medidas may, at any time, require you to verify your name and address by means of faxing, emailing, or mailing to Medidas a copy of your driver’s license or other form of identification approved by Medidas, in addition to providing Medidas with a signed statement of legitimacy; and Medidas may automatically require such verification in the case of multiple accounts from the same address, household, computer, device or IP address. If you attempt to participate in the Program using more than one TrypScore account, all Points in your Program account may be forfeited, and Medidas may, at its sole discretion, terminate your Program account and permanently ban you from participating in the Program.   Residents of the Province of Quebec are not eligible for enrollment.

2.2    Officers, directors and employees of Medidas and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity”, and collectively, the “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Rewards, as defined below in Section 4, and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used.  Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other opportunities made by the Program or its business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Program account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Medidas.  Participation in the Program constitutes your permission for Medidas, its subsidiaries, affiliates, successors, assigns, licensees and authorized agents to use your first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.

3. EARNING POINTS.

3.1       There are many ways to earn Points in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. You will be limited to earning 250 Pyns or 1000 XP per calendar day.  That limit may be increased or decreased by Medidas in its sole discretion.

4. POINTS REDEMPTION.

4.1     You may redeem Points for digital gift cards and other rewards as determined by Medidas in its sole discretion (each, a “Reward” and multiple being “Rewards”).

4.2     Rewards are subject to availability as determined by Medidas in its sole discretion. Limit two (2) Rewards per person, per week, which may be increased or decreased by Medidas in its sole discretion.  For the purposes of these rules, a week shall commence at 12:00 AM EST each Monday and shall end at 11:59 PM EST each Sunday.  There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. Medidas reserves the right to modify, amend or revise the Rewards available. You may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Medidas or its designee or the third-party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered or sold in violation of these Program Terms may be confiscated or cancelled. Physical Rewards will be shipped only to the United States or Canada address provided by you under your Program account and will not be shipped to any other person or address. A pattern of redeeming Points for Rewards preceded or followed by changing the address for the applicable Program account may be viewed as redemption fraud and could result in the termination of your membership in the Program. Medidas reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption.  Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only.  The actual Reward may vary from the Reward pictured.

4.3     All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Medidas in its sole discretion.  You may be required to provide additional information, like your mailing address and tax identification number and sign legal documents for tax reporting purposes, to redeem Points for Rewards. Failure to complete and return any required documentation by the stated deadline may result in the inability to receive Reward(s). You shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Medidas in its sole discretion, Medidas reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Any required tax reporting forms will be furnished to the appropriate authorities.

4.4     Points have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Points obtained in a manner inconsistent with the Terms by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points may be confiscated or cancelled. Points must be redeemed in accordance with these Program Terms. Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. If the Program includes tiers that provide benefits based on meeting a stated minimum threshold number of Points (each such tier, if any, referred to as “Points Level”), such Points Levels are subject to change. Medidas, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any Points Level.  Medidas also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points that may be earned for any given activity.  Points cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion.  Once you have redeemed your Points, they are gone and there are no refunds, returns or exchanges for additional Points, cash, or other goods and services, even if you return the merchandise or other item(s) that your Points were redeemed toward.

5. CONTESTS.

5.1    From time to time, the Program may offer you the opportunity to enter into a contest (each, a “Contest”). General information about each Contest and any specific rules that apply to such Contests will be communicated in connection with the Program. The below are general rules that apply to all Contests provided in connection with the Program unless otherwise noted.  Unless otherwise indicated, Medidas will be considered the sponsor of each Contest.  The Program and Contests are in no way sponsored, endorsed, or administered by Apple Inc. and or Google.

5.2    Eligibility: Contests are open only to eligible Program account holders. Officers, directors, and employees of Medidas and any individuals engaged in the development, production, administration or execution of the Contests; and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse); and/or those living in the same household of any such persons, whether or not related, are ineligible to enter the Contests or win a prize. Limit one (1) prize per Program account/person/family/household per Contest and one (1) prize per Program account/person/family/household during any thirty (30) day period for any contest or Contests conducted by Medidas unless otherwise determined by Medidas, in its sole discretion. Residents of the Province of Quebec are not eligible to participate in Contests.

Where a Contest winner is determined by the top score achieved in a Safe Roads Challenge or TrypScore in-app activity, the winner will only be eligible if they have collected all trips and marked each Tryp as either a Passenger or a Driver during the entire duration of the Contest Period. The user with the top average score achieved may also be deemed ineligible at the sole discretion of Medidas if TrypScore has been inactive or deleted from the User’s mobile phone during the Contest Period.

5.3    How to Enter: To enter a Contest you will need to interact with the entry mechanic that has been set up for the Contest, which may take the form of an entry page on TrypScore or the App, a website that is owned or controlled by Medidas, its affiliates or an applicable Medidas business partner, a widget, a social networking page or some other mechanic (each referred to herein, solely for ease of reference, as a “Contest Entry Page”) that asks for certain information in order to complete the entry. Any other methods of entry, and any limits on the number of entries, will be communicated in the materials soliciting entries for the Contest in question (“Contest Materials”).  The entry deadline for each Contests will be on the Contest Entry Page or the corresponding Contest Materials. All entries must be received before the applicable entry deadline in order to participate. The Contest Entry Page’s database clock will be the official timekeeper for each Contest.

5.4    Winner Notification: The potential winner(s) of each Contest will be notified using the email address associated with their Program account.  The notification may ask the winner (or, or if such winner is under the age of majority in his or her state of residence (a “minor”) such minor’s parent or legal guardian) to confirm or provide contact information so that Medidas can send the prize to the winner. Medidas shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner does not respond within a deadline determined by Medidas, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with the Terms or this Section or declines a prize for any reason prior to award, such potential winner will be disqualified (thereby forfeiting all rights to the Reward or prize) and an alternate winner may be selected. In the event of a dispute as to the identity of the entrant, the affected entry will be deemed submitted by the Program account holder, provided such account holder must still meet the eligibility requirements for the Contest. A potential winner may be requested to provide Medidas with proof that the potential winner is the Program account holder associated with the winning entry. If a dispute cannot be resolved to Medidas’s satisfaction, the affected entry will be deemed ineligible.

5.5 Prizes/Odds: The prizes that are offered in each Contest will be described in the Contest Materials or otherwise as part of the Contest entry process. Prizes pictured or described in the Contest Materials or otherwise are for illustrative purposes only. All aspects of prizes not otherwise described will be determined by Medidas in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Medidas reserves the right in its sole discretion to substitute prize(s) of comparable or greater value if any prize is unavailable, in whole or in part, for any reason. Odds of winning a Contest depend on the number of eligible entries received for that Contest.

5.6 General Prize Conditions: Each prize winner is responsible for paying any federal, state and/or local taxes and for any other fees or costs associated with the applicable prize. If required by law, as determined by Medidas in its sole discretion, Medidas reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States or Canada. The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, legal documents required for tax reporting purposes, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner (or a minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within a deadline determined by Medidas, such winner may be disqualified, and an alternate winner may be selected. Any required tax reporting forms will be furnished to the appropriate authorities.

5.7    General Release: Entrants agree that Medidas, its parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, partners, licensors and distributors (collectively, “Medidas Entities”) and those of Medidas’ business partners that are involved in the Contest in question shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Medidas assumes no responsibility for any damage to an entrant’s computer system or mobile device which occurs by accessing the Contest Entry Page or participating in a Contest, or for any computer system, mobile operating system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Medidas is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Medidas reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Contest or the Contest Entry Page, to be acting in violation of this Section 5, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Contest, or to annoy, abuse, threaten or harass any other person, and Medidas reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated, or other automated multiple entries will be accepted. Medidas reserves the right to modify, extend, suspend, or terminate any Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Medidas’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If the Contest is terminated before the designated end date, Medidas will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described on the Contest entry page corresponding with a particular Contest will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. This Section cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Medidas. The invalidity or unenforceability of any provision of this Section shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Section shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

5.8 Winner’s List: To request any legally required winner’s list, send your request, including your name, the name/description of the Contest in question and the date of the Contest to Medidas Digital Inc., TrypScore Contests, 110, 190 Carleton Drive, St. Albert, Alberta T8N 6W2.  All requests must be received within six (6) weeks of the completion of the applicable Contest.

6. MODIFICATION AND TERMINATION. 

6.1     Medidas may modify any of these Program Terms, including, but not limited to, the methods through which Points can be earned, how Points can be used, the types or “classes” of Points available, and the conditions under which Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect your ability to use Points that you have already earned. The Program has no predetermined termination date and may continue until such time as Medidas decides to terminate the Program. Medidas may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on your TrypScore app and/or via email to your email address currently on file with Medidas for your Program account.

6.2    For changes to these Program Terms that Medidas considers to be material, Medidas will place a notice on the TrypScore website and/or app or notify you via electronic mail or SMS messaging. If you continue to participate in the Program by earning Points, redeeming Points, logging onto your account or in any other way after these Program Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Program Terms will be available on TrypScore and will supersede all previous versions of these Program Terms.

6.3     If Medidas decides in its sole discretion to discontinue the Program, you will have thirty (30) days or an amount of time deemed reasonable by Medidas in its sole discretion from the date Program termination is announced to use your remaining Points. Use of any remaining Points will be on a first come, first serve basis and otherwise subject to the availability of Rewards. You may not rely on continued Reward availability. Medidas makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announced. Any Points remaining in a Program account at the time of termination will be forfeited and no compensation will be provided. Medidas may cancel your Program account, cancel accumulated Points, alter the number of Points in your Program account or suspend your privileges at any time with immediate effect if Medidas determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of the Terms; (d) engaged in any fraud or abuse concerning Points, Points usage or Points redemption; or (e) engaged in any conduct or act that causes Medidas to terminate or suspend your TrypScore account. Medidas may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Program Terms shall limit Medidas in its exercise of any legal or equitable rights or remedies.

6.4     Medidas reserves the right to terminate the Program account of anyone whose Program account becomes dormant. A Program account will be considered dormant if the account holder fails to log onto their Program account, or complete any activity within the app, for three (3) months or with such regularity deemed sufficient by Medidas and announced from time to time on TrypScore and/or within the App. Medidas in its sole discretion may allow Program account holders to prevent their Points from expiring by following Medidas’ instructions.

7. GENERAL TERMS AND CONDITIONS.

7.1   ACCRUED POINTS DO NOT CONSTITUTE YOUR PROPERTY AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS ARE CREDITS THAT MEDIDAS MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. You are responsible for ensuring that the information in your Program account is accurate and is kept current. If you believe that your Program account does not properly reflect Points earned from engaging in any activities, you must contact Medidas to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Medidas reserves the right to seek damages from any such person to the fullest extent permitted by law. Medidas’ failure to enforce any of these Program Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points, or your compliance with these Program Terms will be resolved by Medidas in its sole discretion.

8. PROGRAM MALFUNCTIONS AND CONDUCT. 

8.1     The Medidas Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Medidas Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Medidas Entities be liable for, and you expressly release the Medidas Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Medidas which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Medidas reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Medidas deems appropriate. In the event Medidas is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Medidas’ control (each a “Force Majeure” event or occurrence), Medidas shall have the right to modify, suspend, or terminate the Program, in whole or in part.

8.2     Any attempts by you to access the Program via a bot script or other brute-force attack shall result in you becoming ineligible to participate in the Program. Medidas, in its sole discretion, reserves the right to disqualify and terminate participation of anyone found to be (i) tampering with the operation of the Program (ii) acting in violation of these Program Terms, or the Medidas Terms of Service, or any other incorporated terms (iii) acting in an unethical or disruptive manner (iv) acting with intent to annoy, abuse, threaten or harass Medidas, its representatives or any other person in any manner related to the Program (v) or tampering with, altering, or attempting to alter Points standings, (vi) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points, or (vii) colluding or attempting to collude with one or more Program account holders to gain an unfair advantage by sharing knowledge or other information in order to earn Points.

9. LIMITATION OF LIABILITY. 

9.1     This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Medidas is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Rewards or prizes. By participating in the Program, you accept all responsibility for, and hereby indemnify and hold harmless the Medidas Entities, from and against any claims that may arise from actions taken by you or for any unauthorized access to your Program account by any third party.

9.2     UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE MEDIDAS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE MEDIDAS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU PROVE THAT MEDIDAS HAS IMPROPERLY DENIED YOU ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. YOU SPECIFICALLY WAIVE ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.

10. SEVERABILITY. 

10.1  If any provision of these Program Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Program Terms, which will otherwise remain in full force and effect.