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Box Tops for Education App Terms of Service

Effective Date:  September 6, 2016

Welcome, and thank you for your interest in the Box Tops for Education App. The following Terms of Service (the "Agreement" or the "Terms") are a legal agreement between you ("you," "your") and General Mills, Inc. ("General Mills," “Box Tops For Education,” "we", "our" or "us").

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I ACCEPT,” REGISTERING FOR AN ACCOUNT, DOWNLOADING THE BOX TOPS FOR EDUCATION MOBILE APPLICATION (the “Service”), ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE BOX TOPS FOR EDUCATION PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS.

We reserve the right to change these Terms at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms. Your use of the Service indicates acceptance of all terms.

If you are not eligible, or if you do not agree to these Terms, please do not use the Service.

1. Eligibility

You must be of majority in the state in which you live and at least eighteen (18) years old and a legal resident of the United States of America to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you have not previously been suspended, removed or deactivated from the Service or from the Box Tops for Education program and (ii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company (collectively "Subscribing Organization"), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, “you” in these Terms refers to your Subscribing Organization, and any individual authorized to use the Service on behalf of the Subscribing Organization, including you.

2.  Privacy Policy

Box Tops For Education respects the privacy of our users. Our privacy policy (“Privacy Policy”) may be found here and is expressly incorporated herein by reference and made a part of these Terms.

3. Accounts and Registration

To access most features of the Service you must register for an account. If you are currently a registered member of the Box Tops for Education website (www.BoxTopsForEducation.com) (the “Website”), you must use that established log-in information. If you are not currently registered at the Website, you can register via the Service. You can also use the username and password created on the Service to log-in on the Website.

4. About the Service

  • This Service displays promotional programs (“Offers”) whereby users can earn Bonus Box Tops (“Earnings”) for enrolled, eligible schools with their participation.
  • The Service is subject to the current rules of the Box Tops for Education program as described at http://www.boxtops4education.com/official-rules. These rules are subject to change.
  • Offers are valid until 11:59 pm CST on the Scan By date listed with the Offer, or while supplies last.
  • You may purchase and redeem multiple Offers on each receipt. Each individual offer may be redeemed up to the limit indicated at the time of the receipt scan.
  • Offers may be subject to additional terms and may be discontinued by General Mills at any time. At any time and in our sole discretion, General Mills may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have successfully fulfilled an offer.
  • Offers may only be fulfilled with purchases made at stores within the United States of America.
  • For additional information about how to use the Service, please see the FAQ.
  • Earnings from the Service will be paid to enrolled, eligible schools with all other Box Tops earnings. Prior to distribution to schools, all Earnings shall remain the sole property of General Mills.  You have no property rights or other legal interest in the Earnings for any purpose.
  • If the school you have chosen to support becomes ineligible for the Box Tops for Education program, Offers cannot be earned by the school. We encourage you to check the Website often to verify your school’s activity in the Program. If your designated school is no longer active or ineligible, please update your school preference.
  • To the extent the Service allows you  to submit or send text, photos, videos and other communications (collectively, the “User Content”), such User Content may be hosted, shared or published as part of the applications and Service, and may be visible to any other users of the applications. regardless of whether such User Content is published or not, WE WILL CONSIDER USER CONTENT NON-CONFIDENTIAL AND NON-PROPRIETARY AND WILL BE UNDER NO OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION CONTAINED IN SUCH USER CONTENT.
  • You are solely liable for your User Content, including, but not limited to any and all liability arising from or related to publishing it. You represent and warrant that you have all necessary right, title, interest, license, or permission to use and to authorize General Mills and its designees to use the User Content; and you have all necessary written permission to use every person’s name, likeness and other rights in User Content. You further represent and warrant that neither the User Content nor the use of such User Content will infringe upon or violate the rights of any person or entity, any applicable laws, or these Terms.
  • You retain ownership of User Content, but grant General Mills and its designees a non-exclusive, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, distribute, display, reproduce, perform, and prepare derivative works of User Content in connection with the applications and General Mills’ business. This license includes, without limitation, General Mills promoting or redistributing the applications (as well as any aspect or portion thereof, or any derivate work thereof) or promoting General Mills’ business (as well as any aspect or portion thereof) in any media channel through any media format. You also grant other users of the applications a non-exclusive license to view, access, and use User Content through the Service and applications. You hereby waive all moral rights to which you may be entitled under any legislation now existing or enacted in the future in any part of the world relating to the User Content. Where this is not permitted by law, you agree not to enforce your moral rights at any future point in time.

8. MOBILE SERVICE

If you download and access the Service, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. By using the Service, you agree that we may communicate with you regarding the Service, in accordance with our Privacy Policy. You agree to only use the Service on supported mobile devices that you own or control.

9. BY USING THE SERVICE YOU AGREE NOT TO:

  • submit to the Service purchase information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to redeem Offers with the Service;
  • redeem, or attempt to redeem, Offers for products that have not actually been purchased and retained by you, or for products that have been purchased but returned to a store or online vendor, following purchase;
  • upload receipts to the Service that have already been uploaded by you or another user, for the purpose of earning credit from General Mills for purchasing products that you did not actually purchase;
  • attempt to obscure or alter the date on a receipt, such as by purposefully uploading a receipt without any date shown or without any clearly legible date shown;
  • use any application in any unauthorized manner whatsoever, attempt to gain unauthorized access to the application or portions of the application, extract information from General Mills’ web or mobile applications for the purpose of using said information in conjunction with another service, web or mobile application;
  • rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
  • use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any application), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; 
  • interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including launching  any automated system, including without limitation, load testers, offline readers, robots, or spiders that send more requested messages through the applications in a given period of time than a human can reasonably produce, uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • take any action that imposes an unreasonably large load on the Service’s servers; or
  • violate the security of the Service, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.

10. Termination of Use

If you engage in prohibited conduct or otherwise violate any of the Terms, your permission to use the Service will be terminated. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of General Mills or any third party; or (ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate your account at any time by contacting customer service.

If your account is closed for any reason and you have pending Earnings in process, we will notify you of any action that needs to be taken. If you do not take the necessary action before the Offer has expired, your Earnings are not earned and any rights you or the school you support have to the pending Earnings will terminate.

11. Copyright and Intellectual Property Policy
All names, logos, service marks, and trademarks appearing in this Service, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Content"), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, General Mills and its affiliates. This includes the entire Content of the Service, copyrighted and protected as a collective work. The use or misuse of these trademarks or any other content on this Website, except as provided in these Terms or in the Service content, is strictly prohibited. We reserve all rights.

      Your use of the Service is limited to personal and non-commercial use only unless other uses are granted expressly to you.

12.  Links

General Mills has no responsibility for content available through the Service that is owned by or licensed from third parties or content on other websites that you may find or access when using the Service. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not this Service’s Terms, govern your use of that material. You agree that General Mills bears no responsibility or liability for any content accessed or harm caused from any third-party content or website.

 

13. Indemnity

You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless General Mills and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the " General Mills Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

NO WARRANTY:  You expressly acknowledge and agree that use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the application and any services performed or provided by the application (which shall for the purposes of these Terms be deemed part of the Services) are provided "as is" and “as available”, with all faults and without warranty of any kind, and General Mills hereby disclaims all warranties and conditions with respect to the application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. General Mills does not provide any warranty against interference with your enjoyment of the application, that the functions contained in, or services performed or provided by, the application will meet your requirements, that the operation of the application or services will be uninterrupted or error-free, or that defects in the application or services will be corrected. No oral or written information or advice given by General Mills or its authorized representative shall create a warranty. Should the application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

To the extent not prohibited by law, in no event shall General Mills be liable for personal injury, or any direct, indirect, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to (i) your use or inability to use the application or Service, however caused, and even if General Mills has been advised of the possibility of such damages, or (ii) any purchase, access to, or use of a third party product or service based on information contained in or available through the Service. 

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

14. Governing Law

Your access to the Service as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the United States without regard for conflict of laws or provisions.

15. General

The Terms, together with the Privacy Policy, the Box Tops for Education Rules, the Service’s Help Desk and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and General Mills regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

16. Questions and Comments

If you have any questions regarding these Terms or your use of the Service, please contact us:

By email

or

General Mills, Inc.

Box Tops For Education
1 General Mills Blvd.
Minneapolis, MN 55426