EnVision
Master
Subscription Agreement for Participants
Last
updated on July 3, 2025
THIS
AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES AS A
PARTICIPANT (END USER).
IT
IS EFFECTIVE BETWEEN YOU AND US AS OF THE DATE OF YOU ACCEPTING THIS
AGREEMENT.
This
Agreement and its appendices affect your rights and constitute a
legally binding agreement between each individual that signs up for
the Program (“User” or “You”) or otherwise uses any of the
Company Properties.
Please
read these Terms and Conditions (“Terms and Conditions” or
“Agreement”) and the appendices carefully. Appendices to these
Terms and Conditions include:
A End
User (Participant) Additional Terms
B Privacy
Policy
C EnVision
Referral Program Terms and Conditions
Under
these Terms and Conditions, Organizational Performance Systems, Inc.
(“OPS”, “Company” or “we”) provides the EnVision
Application (“EnVision” or “App” or “Program”) through
www.ops1.com/envision and related software applications (“Company
Properties”) with the mission to empower households and help people
in need break the cycle of generational poverty, attain
socio-economic mobility, and enable various entities and institutions
to provide support and rewards to those households and people.
BY
ACCEPTING THIS AGREEMENT, EITHER BY CREATING AN ACCOUNT, BY CLICKING
A BOX INDICATING YOUR ACCEPTANCE, OR BY EXECUTING AN ORDER FORM THAT
REFERENCES THIS AGREEMENT, YOU AGREE TO ALL TERMS AND CONDITIONS
HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND DO
NOT WANT THE ASSISTANCE PROVIDED BY ENVISION, YOU MUST NOT ACCEPT
THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You
may not access the Services if You are Our direct competitor, except
with Our prior written consent. In addition, You may not access the
Services for purposes of monitoring their availability, performance,
or functionality, or for any other benchmarking or competitive
purposes.
1.
CHANGES TO THE TERMS AND CONDITIONS
1.1.
Company may at its discretion modify, update, add to, discontinue,
remove, or otherwise change these Terms and Conditions at any time.
Each such modification will take immediate effect upon notification
to you. Company may provide you with notices of changes it deems
significant, including those regarding changes to these Terms and
Conditions, by email, regular mail, text message, in-app messaging,
or other reasonable means now known or hereinafter developed.
1.2.
Your continued use of the Company Property following any such
notifications constitutes your acceptance of such modifications and
your agreement to be bound by these Terms and Conditions. If you do
not agree to any modification of these Terms and Conditions, your
sole remedy is to discontinue your use of the Company Properties. The
most current version of these Terms and Conditions will be available
on our website and supersedes previous versions.
2.
PROGRAM ACCOUNT
To
become a User, you must be at least 18 years old and provide your
email address and password for Company to create your Program account
(“Account”). Your Account will be tied to an OPS ID that allows
you to access certain services. Each User is limited to one Account.
To use the Program features and for the Program to work as designed,
it may be necessary for you to provide us additional information. Any
and all information collected from you shall be subject to our
Privacy Policy, Appendix B.
3.
PROGRAM LICENSE
Subject
to this Agreement, we hereby grant you a non-exclusive,
non-transferable license (without the right to sublicense) to access
and use the Company Properties for your use to access the Program(s).
You agree that you obtain no rights other than the rights and
licenses expressly granted in this Agreement. Company reserves the
right to change, upgrade or discontinue the Program, any Company
Property, and any feature of the Program or the Company Properties,
at any time, with or without notice. All rights not expressly granted
under this Agreement are reserved by Company or its licensors.
4.
PROGRAM RESTRICTIONS
You
agree that you will not, and will not permit others to: (i) damage,
interfere with or unreasonably overload the Company Properties; (ii)
introduce into the Company Properties any code intended to disrupt
the Program; (iii) alter or delete any information, data, text,
links, images, software, chat, communications and other content
available through the Company Properties (collectively, “Content”);
(iv) access the Program or the Company Properties by expert system,
electronic agent, “bot” or other automated means; (v) use scripts
or disguised redirects to derive financial benefit from Company; (vi)
modify, reverse engineer, reverse assemble, decompile, copy or
otherwise derive the source code of any Company Property for any
reason; (vii) rent, sell or sublicense any of the Company Properties;
(viii) provide any unauthorized third party with access to the
Program; (ix) access or attempt to access confidential Content
through the Company Properties; (x) interfere with the operation of
the Program, including, but not limited to, distribution of
unsolicited advertising or mail messages and propagation of computer
worms and viruses; (xi) post any material in any form whatsoever on
the Company Properties or within the Program that is defamatory,
obscene or otherwise unlawful or violates any third party’s right
of privacy or publicity; (xii) infringe any third party’s patent,
copyright, service mark, trademark or other intellectual property
right of any kind or misappropriate the trade secrets of any third
party in connection with your use of the Program or the Company
Properties; (xiii) engage in any activity that does not comply with
applicable law and regulations or otherwise engage in any illegal,
manipulative or misleading activity through the use of the Program;
(xiv) use the manual or automated software, devices or other
processes to "scrape," "crawl," "spider"
or index any page of Content from the Company Properties.
5.
PROGRAMS
5.1.
Rewards. We offer the ability for you (“Participant”) to
earn rewards based on your actions, activities, and accomplishments
in the Program.
5.2.
Earning Rewards. In order to earn Rewards, Participant must
register for an Account, be signed into the Program, and complete
various actions and activities presented in the Program.
5.3.
Redeeming Rewards. Rewards are provided by third party merchants and
offerors (“Reward Providers”). Company may receive compensation
from Reward Providers for posting their reward offers in the Program.
Compensation received by Company may play a part in whether Reward
Providers and their offers appear on our site, where they are placed,
and how we display them in the Program. Participation in this Program
and the opportunity to earn and redeem Rewards is offered at the sole
discretion of Company and subject to Participant compliance with this
Agreement.
6.
REWARD POLICIES
A
reward redeemed from any Reward Provider is governed by and subject
to the applicable Reward Provider’s policies, including applicable
exchange and shipping policies. You agree that we are not agents of
any Reward Provider and that all Reward Providers operate
independently and are not under our control. Accordingly, your
participation in offers or promotions of, or correspondence with, any
Reward Provider is solely between you and that Reward Provider. We do
not assume any liability, obligation, or responsibility for any part
of such correspondence, offer or promotion, including, without
limitation, the withdrawal or modification of any such offer or
promotion. Company is not responsible for changes to, or
discontinuance of, any Reward Provider, or for any Reward Provider’s
withdrawal from the Program, or for any effect on the accrual or use
of Rewards caused by such changes, discontinuances, or withdrawals.
7.
BONUSES REWARDS AND OTHER REWARDS
Company
may periodically offer additional rewards for certain Participant
activities and accomplishments registered in the Program, including
the referral of new Participants to the Program. Participation in our
Referral Program is limited to members located in the United States
and Canada and is subject to our Referral Program Terms and
Conditions, Appendix C. Both the referrer and the referee must be
located in the United States or Canada in order to be eligible for
bonus rewards. All activities, accomplishments, and rewards are
subject to our review. Company reserves the right to withhold, deny,
or cancel any rewards and/or terminate your Account if Company, in
its sole discretion, deems any rewards as fraudulent, abusive,
unethical, suspicious, or otherwise inconsistent with our Referral
Program Terms, this Agreement, or any other applicable law or
regulation. Company decisions are final.
8.
COUPON VALUE AND REDEMPTION
8.1.
Rewards are redeemed by selecting a coupon in EnVision. Reward
coupons are not your property and have no cash value. You can’t
transfer or move a reward coupon unless expressly provided for in
this Agreement. Additionally, rewards can’t be transferred by
operation of law, such as by inheritance, in bankruptcy, or in
connection with a divorce.
8.2. Account
Adjustments. Company may make account adjustments for any
Rewards that Company, in its sole discretion, deems as fraudulent,
abusive, unethical, suspicious, or otherwise inconsistent with the
Referral Program Terms, this Agreement or any other applicable law or
regulation. Company decisions are final. Should you disagree with any
adjustments made to your account, your sole remedy is to withdraw
from the Program.
8.3. Taxes. Our
fees, if any, do not include any taxes, levies, duties, or similar
governmental assessments of any nature, including, for example,
value-added, sales, use or withholding taxes, assessable by any
jurisdiction whatsoever (collectively, “Taxes”). You are
responsible for paying all Taxes associated with the rewards you
redeem. For clarity, We are solely responsible for taxes assessable
against us based on our income, property, and employees.
9.
ACCOUNT MAINTENANCE
9.1. Updating
Your Account. You agree to keep your Account information
current, complete, and accurate by periodically updating the
information through the Company Properties. You must be logged into
your Account and enter your password to change your Account
information. You may check your Account status, activities,
accomplishments, and Rewards at any time via the Company Properties.
You will maintain the confidentiality of your Account information,
including username and password by which you access the Program. Any
use of your username and password will be deemed to be your use, and
Company is entitled to act on instructions received under your
password and is not responsible for any Rewards credits or debits
made to your account by someone else who uses your password. If there
is a breach of security through your Account, you will immediately
change your password and notify us of such breach. You agree that,
unless you have first notified us immediately of any such breach, we
should assume that any instruction transmitted using your username
and password is yours and has been authorized by you, and we will
have no obligation to inquire into the propriety of such instruction.
9.2. General
Account Activity. An Active Account means you must have engaged
in one of the following activities within the past sixty (60) days:
(i) updated your Account information, (ii) have entered an activity
or accomplishment via the Company Properties, (iii) have redeemed
your Rewards, (iv) have accrued Rewards or (v) have logged in to your
Account. Except where prohibited by applicable law, if you have not
engaged in one of the activities in subsections (i)-(v) for more than
sixty (60) consecutive days, Company reserves the right to close your
Account, delete your accrued Rewards, and cease to maintain your
Account records and Program access.
9.3.
Participant Account Activity. Please see Appendix A, End User
(Participant) Terms and Conditions.
9.4. Fraudulent
Activity. We reserve the right to investigate any Reward
transactions, referral activity, or interaction with any Company
Property that we believe, in our sole discretion, is abusing or has
abused the Program. We reserve the right to rescind any Rewards, bar
further Rewards, and/or terminate any Member Account that we believe,
in our sole discretion, is abusing or has abused the Program,
including, without limitation, by engaging in a pattern of returning
products after the corresponding Rewards have been credited or making
fraudulent referrals by creating multiple Accounts. Multiple Accounts
created under the Referral Program with the same name, address, email
address or other identifying feature may be flagged as fraudulent
referrals. Any failure to comply with this Agreement, any fraud or
abuse relating to the accrual or receipt of Rewards, or any
misrepresentation of any information furnished to Company by you or
anyone acting on your behalf may result in the termination of your
Account and forfeiture of any accrued Rewards. If Company has any
reason to suspect fraudulent activity is associated with your
Account, Company reserves the right to delay or withhold the awarding
of Rewards. Any suspected or actual cases of fraud activity will be
escalated and reviewed in accordance with our fraud process. Company
decisions are final.
10.
RECEIVING COMMUNICATIONS
By
signing up to be a Member, you agree to receive communications and
notices by electronic mail. Our communications may be account- and
membership-related (e.g., that we’ve added Rewards to your account,
that a Reward redemption has been made, as well as periodic
reward-related emails that highlight coupons and special deals
available to Participants and other types of Users. We may
communicate with you regarding the Program by electronic mail or
direct mail using information you provide to us. Your consent to
receive electronic communications includes any notices or other
information that we may be required by law to provide you in writing
or otherwise. You agree to keep us apprised of your current email
address should the same change after the date you become a Member. If
you elect to provide us a mobile number, we may use it to contact you
when you make account updates or for account recovery purposes. You
may receive recurring messages from us during those account changes.
Standard message rates apply, and carriers are not responsible for
any delayed or undelivered messages. You may opt out of receiving
certain communications in accordance with our Privacy Policy,
Appendix B.
11.
INFORMAL DISPUTE RESOLUTION
You
agree to resolve disputes informally by submitting your requests
through our Help Line. We will try to resolve any dispute informally
by contacting you in writing via email. If a dispute is not resolved
within 30 days of submission through this form, you may bring a
formal proceeding per the provisions of Section 12 of this Agreement.
12.
DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
12.1.
Arbitration is a method of claim resolution that is less formal than
a traditional court proceeding in state or federal court. It uses a
neutral arbitrator instead of a judge or jury and the arbitrator’s
decision is subject to limited review by courts. You agree to
arbitrate any and all disputes, claims, or controversies arising out
of, in connection with, or relating to this Agreement, Company’s
business, any of the Programs or the Company Properties, and
relationship with you, including any claims that may arise after the
termination of this Agreement. This agreement to arbitrate includes
any claims against Company’s employees, agents, or any subsidiaries
of Company.
12.2.
All disputes concerning the arbitrability of a claim (including
disputes about the scope, interpretation, breach, applicability,
enforceability, revocability, or validity of this Agreement) shall be
decided by the arbitrator. The arbitrator shall also decide whether
any claim is subject to arbitration. You further agree that the U.S.
Federal Arbitration Act and federal arbitration law shall govern the
interpretation and enforcement of this agreement to arbitrate.
12.3. CLASS
ACTION WAIVER: YOU AND THE COMPANY AGREE THAT BOTH WAIVE ANY RIGHT TO
A JURY TRIAL in connection
with any action or litigation in any way arising out of or related to
this Agreement. YOU ALSO AGREE THAT YOU MAY ONLY BRING A CLAIM
AGAINST THE COMPANY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR
REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY
GENERAL ACTION. This means that you cannot seek to assert class or
representative claims against the Company either in court or in
arbitration and no relief can be awarded on a class or representative
basis. The arbitrator also may not consolidate or join another
person’s claim with your claim or issue an order that would achieve
the same result. You and the Company further agree that if the
provisions of this paragraph, known as the “Class Action Waiver,”
are found to be unenforceable, it cannot be severed from this
arbitration agreement and the entire provision compelling arbitration
shall be null and void.
12.4.
To the extent possible under local law, the arbitration shall be
administered by JAMS pursuant to its Comprehensive Arbitration Rules
and Procedures and in accordance with the Expedited Procedures in
those rules or pursuant to JAMS' Streamlined Arbitration Rules and
Procedures (“Rules”). The Rules are available online at
www.jamsadr.com. The arbitrator is bound by the terms of this
Agreement. You and the Company agree that whichever party brings a
claim shall be responsible for all filing and arbitration fees. The
exclusive venue for any dispute or issue arising out of this
Agreement shall be held in Santa Clara County, California.
12.5.
Notwithstanding any provision in this Agreement to the contrary, you
agree that if we make any future, material change to this arbitration
provision, you may reject any change by terminating your use of the
Company Properties. Your decision to reject changes in a new
arbitration provision, however, does not affect any prior arbitration
provisions to which you have already agreed, which would remain in
effect.
13.
EXPORT CONTROL
Company
Applications and their underlying information and technology may not
be exported or re-exported into any country to which the U.S. has
embargoed goods or to anyone on the U.S. Treasury Department’s list
of Specially Designated Nationals or the U.S. Commerce Department’s
Table of Deny Orders. You represent and warrant that you are not
located in, under the control of or a national or resident of any
such country or on any such list, and that you will otherwise comply
with all applicable export control laws. If you are a U.S. government
end user, we are licensing the Company Application to you as a
“Commercial Item” as that term is defined in the U.S. Code of
Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant
you to the Company Applications are the same as the rights we grant
to all others under this Agreement.
14.
COMMUNITY STANDARDS
By
participating in the Program, you are becoming a member of a
community that depends on the goodwill and responsible behavior of
each of our Users. Users are required to refrain from transmission or
communication of images or text constituting ethnic slurs,
obscenities, sexually explicit material, inflammatory or derogatory
comments, or anything else that may be construed as harassing or
offensive, which is targeted at the Program, the Company Properties,
our employees, contractors or agents, Rewards Providers, or other
Users. This includes communications by means of social media or other
Internet posts that violate the above community standards or promote
or encourage gaming or fraudulent behavior. Members who violate this
provision, as determined by us in our sole discretion, may have their
access to the Program suspended or terminated without prior notice.
15.
OWNERSHIP
All
right, title, and interest in the Program, the Company Properties and
the Content belong to Company or its licensors. Additionally, Company
shall maintain all right, title, and interest in the “OPS” and
“EnVision” marks and logos and any other marks, service marks,
trademarks or logos of Company and its affiliates (“Company
Marks”). Company Marks may not be used in connection with any
product or service that is not Company’s or in any manner that is
likely to cause confusion among customers, or in any manner that
disparages or discredits Company. You shall not by any means bid on
any keywords with any search engine containing “OPS”, “EnVision”
or anything substantially similar or any other Company Mark
including, without limitation, OPS1.com, ops1.com/envision,
ops1.com/envisionapp. You shall not mention or use Company in any ad
text, extensions, or banner ads without the express written consent
of Company. All other trademarks not owned by Company that are used
in the Programs are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by Company.
16.
INDEMNIFICATION
You
agree to indemnify Company, our Reward Providers, community sponsors,
service providers, mentors, coaches as well as their respective
officers, directors, employees, successors, agents, and affiliates,
for any and all claims, damages, losses, and causes of action
(including attorneys’ fees and court costs) arising out of or
relating to your breach of this Agreement or for any materials in any
form whatsoever that are provided by you (or through your username
and/or password). You agree to cooperate as fully as reasonably
required in our defense and/or settlement of any claim. We reserve
the right, in our reasonable discretion, to assume exclusive control
over the defense and settlement of any matter subject to
indemnification by you.
17.
WARRANTY DISCLAIMER
The
Company’s reputation is built on providing useful and secure
services. However, for legal purposes, we offer these
services without warranties unless explicitly stated
in specific additional terms. Therefore, the following disclaimer
applies:
TO
THE EXTENT ALLOWED BY APPLICABLE LAW, THE PROGRAM, CONTENT, SERVICES,
AND COMPANY PROPERTIES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT
THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY,
RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. FURTHER,
COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS
REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS
OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE REWARD PROVIDERS,
STORES, OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.
18.
LIMITATION OF LIABILITY
18.1.
Limitation of Liability. Both the law and this Agreement try to
strike a balance as to what you or the Company can claim from the
other in case of problems. That is why the law allows us to limit
certain liabilities under these terms whether an action is
based on a contract or tort and regardless of the theory of
liability. These terms only limit our responsibilities as allowed by
applicable law. These terms do not limit liability for gross
negligence or willful misconduct. Therefore, to the extent allowed by
applicable law, the Company is liable only for its breaches of these
terms.
THEREFORE
THE COMPANY’S TOTAL LIABILITY WITH RESPECT TO ANY INCIDENT ARISING
OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF
(1) $100 OR (2) THE AMOUNT PAID BY YOU
in
the 12 months before the dispute.
18.2.
Exclusion of Consequential and Related Damages.
IN
NO EVENT WILL YOU OR THE COMPANY HAVE ANY LIABILITY TO THE OTHER
PARTY FOR ANY LOST PROFITS, REVENUES, GOODWILL, ANTICIPATED SAVINGS
OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE
DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT
PROHIBITED BY LAW.
19.
TERMINATION OR SUSPENSION
This
Agreement is effective when accepted by you and will remain in effect
until you or we terminate your membership in the Program. We may
terminate this Agreement and your use of or access to the Program at
any time, for any reason or no reason. Any violation of this
Agreement or the rules and conditions of the Program may result in
the termination of your Account and forfeiture of pending or prior
Rewards. We may, in our sole discretion, at any time and without
prior notice, discontinue, cancel, suspend, change, or limit access
to all or any part of the Program or any functionality, feature or
other component of any Company Property. You agree that Company will
not be liable to you or to any third party for any modification,
suspension, or termination of the Program or your access to any of
the Company Properties. If you are dissatisfied with any aspect of
the Program at any time, your sole and exclusive remedy is to cease
participating in the Program. Upon any termination of the Program,
your right to use and access the Program, and the Company Properties,
and to receive Rewards, will terminate. Termination will not
prejudice either you or our remedies at law or in equity.
20.
GENERAL PROVISIONS
20.1. Entire
Agreement. These Terms and Conditions constitute the entire
agreement between you and Company and govern your use of the Products
or Company Properties superseding any prior agreements between you
and Company with respect to the Products or Company Properties
(including, without limitation, earlier versions of this Agreement
that may have been accepted by you). Any representations, statements,
or agreements made or entered into elsewhere, whether directly or
indirectly, written, or oral or in advertising are not binding toward
Company unless expressly confirmed in writing by Company to you. You
may also be subject to additional terms and conditions that may apply
when you use or purchase certain other services, affiliate services,
third party content, or third party software.
20.2. Choice
of Law. The validity, construction, and interpretation of this
Agreement and the relationship between You and Company, including the
rights and duties of the parties, will be governed by the laws of the
State of California in the United States without regard to its
conflict of law provisions. This shall not limit the protection
afforded to you by provisions that cannot be derogated from by
agreement by virtue of applicable law.
20.3. Interpretation. Headings
under this Agreement are intended only for convenience and shall not
affect the interpretation of this Agreement.
20.4. Waiver
and Severability of Terms. Any waiver or failure to enforce any
provision of this Agreement on one occasion will not be deemed a
waiver of any other provision or of such provision on any other
occasion. If any provision of this Agreement is held to be invalid,
such invalidity shall not affect the remaining provisions, except as
otherwise stated.
20.5. Assignment. You
may not assign, transfer, or otherwise dispose of your rights and
obligations under this Agreement, in whole or in part, without our
prior written consent, and any such assignment without such consent
will be null and void. Company has the right to transfer, assign or
otherwise dispose of these Terms and Conditions without Your consent.
APPENDIX
A
ENVISION
END USER (PARTICIPANT) ADDITIONAL TERMS
1.
Important information about the program and these additional terms
In
addition to the applicable General Terms and Conditions of the Master
Subscription Agreement, these additional terms describe our
responsibilities, your responsibilities, and how the EnVision Rewards
program works. You agree that use of your account or any feature of
the Program indicates your acceptance of these Terms.
In
this appendix, the following words have special meanings:
“Agreement”
means the Master Subscription Agreement and these Additional Terms.
“Program”
means this EnVision Rewards program
“Account”
means your profile that is linked to the Program
“We,”
“Us,” “Our,” and “OPS” mean Organizational Performance
Systems, Inc. and its affiliates
“You”
means you – the person responsible for the account and for
complying with this agreement. Also “Authorized User”, “End
Users”, and “Participant”.
“Rewards”
are products, services, and other offers that are made available to
you by various third parties via EnVision.
“Reward
Providers” are third party merchants and other offerors that offer
Rewards via EnVision.
“Points”
means redeemable points that Participants earn and accumulate for
their activities and accomplishments within EnVision. This feature
is not live. Should OPS activate this feature, participant points
will be accrued and tracked within EnVision. Participants will then
be able to redeem their points for rewards, if any.
2.
How you can earn rewards
Participants
may earn access to rewards based on their actions, activities, and
accomplishments in the Program. Examples of reward generating
activities include those listed below and will be determined at the
sole discretion of the Company:
Registration
in the Program
Completing
all requested profile fields
Logins
Use
of the Program
Scheduling
or committing to an action
Action
completion
Third
party verifications or attestation of action completion
Use
of rewards / Spending
We
may offer Participants ways to earn bonus rewards through the
program. At the discretion of the Company, participants may earn
bonus rewards for other activities and events including completing
activities early or on time, referrals, anniversaries (e.g.,
birthday; start date) or other bonus programs that the Company may
establish at its sole discretion.
3.
How you can use your access to rewards
You
are responsible for accessing any rewards presented in EnVision. You
can redeem any reward for which you are eligible.
We
may, from time to time, provide additional ways for Participants to
access rewards in addition to those described in the Participant
Agreement.
Rewards
redemption values are determined by Rewards Providers, not the
Company.
Reward
Providers may require additional terms and conditions before
Participants gain access to their offers. For example, if Participant
redeems a coupon offering 60% off a product’s price, Participant
will still owe the remaining 40%.
Using
rewards for an offer does not entitle you to any remittance or
compensation for the difference between what the offer allows and
your ability to comply with it. For example, if you redeem a reward
for an offer of admission to a venue for a party of four people and
you only have three people in you party, you are not entitled to the
fees related to the fourth person. Similarly, if you redeem a reward
offering admission to a venue for a party of four people and you have
more than four people in your party, you will be expected to pay the
fees for the additional people.
Once
a reward coupon has been used or redeemed, the transaction is
considered final and may not be canceled unless otherwise noted.
For
items that may be delivered to you, the amount of time it takes for
delivery depends on the item. Some items can’t be shipped to PO
Boxes or foreign addresses.
Applicable
sales/use taxes, fees, surcharges, and shipping and handling charges
are your responsibility.
4.
Redeeming rewards for products and services
All
transactions involving the redemption of your Rewards for products,
services, or other offers are between you and the offering third
party merchants and offerors (Reward Providers).
To
participate, you may be required to authorize OPS to share
information about your account with the third party. If so, we’ll
provide you with additional details as required by law.
All
returns and point refunds are subject solely to the policies of the
third party.
Products,
services, or offers displayed in EnVision may not always be available
and may change without notice at the sole discretion of the third
party provider.
Any
additional terms, conditions, disclosures, or agreements provided by
us related to the products, services, or other offers you obtain will
be part of this agreement.
5.
How you could be prohibited from earning or using rewards
We
may temporarily prohibit you from earning Rewards or using Rewards
you’ve already earned if we suspect fraud, misuse, or other illicit
activity. Examples include buying or selling Rewards, selling or
participating in the sale or exchange of items of value obtained
through use of Rewards by repeatedly opening or otherwise maintaining
accounts for the purpose of generating rewards, manufacturing the use
of Rewards for the purpose of generating additional Rewards, or
suspected misused, in any way of a third party merchant program with
which Rewards may be used under this program.
At
our sole discretion, you may be permitted to begin earning and using
Rewards again when we no longer suspect fraud or misuse of the
account or program.
6.
How you could lose your access to rewards
Your
access to rewards does not expire as long as their account is active.
However, you will immediately lose all of your reward opportunities
if your account status changes, or your account is closed, for any of
the following reasons: failure to comply with this or other
agreements you have with OPS, fraud, or misuse.
We
won’t reinstate rewards you lose unless we’ve made an error.
If
your account is closed for any other reason, you’ll have at least
30 days from the date your account is closed to use your rewards, as
long as you don’t lose them for any of the reasons described in
this agreement. If you don’t use their rewards during that time,
you lose them.
If
we decide to cancel the program, you will have at least 30 days from
the date we cancel the program to use rewards, as long as you don’t
lose them for any of the reasons described in this agreement. If you
don’t use your rewards during that time, you will lose them.
7.
Other important information you should know
We
may assign our rights and obligations under this agreement to a third
party, who will then be entitled to any of our rights that we assign
to them.
We’re
not responsible for any disputes you may have with any third party
reward provider.
OPS
and its third party reward providers and their respective affiliates,
directors, officers, employees, agents, or contractors make no
representations or warranties, either express or implied, including,
those of merchantability, fitness for intended use or a particular
purpose and otherwise arising by law, custom, usage, trade practice,
course of dealing, or course of performance. You release OPS, its
third party service providers, and their respective affiliates,
directors, officers, employees, agents, and contractors for all
activity in connection with the program, including but not limited
to, use of the program, and any redemption for or purchase of
products or services through the program.
You
agree to indemnify and hold OPS and its third party service providers
and all of their respective affiliates, directors, officers,
employees, agents and contractors harmless from and against any loss,
damage, liability, cost, or expense of any kind (including attorneys’
fees) arising from your or an authorized user’s: use of the
program, any fraud or misuse of the program, violation of this
agreement and/or violation of any applicable law or the rights of any
third party.
The
merchants and third party service providers that participate in the
program are not affiliated with us and are not sponsors or
co-sponsors of the program. All participating merchant and third
party service provider names, logos, and marks are used with
permission and are the property of their respective owners.
Participating merchants and third party service providers are subject
to change without notice.
Participating
merchants and third party service providers are responsible for the
quality and performance of any products or services they provide. OPS
is not responsible for any aspects of the products and services
provided by participating merchants or third party service providers.
The
program is void where prohibited by federal, state, or local law.
This
agreement and use of the program is governed by federal law, as well
as the law of California, and will apply no matter where you live or
use the program.
We
may enforce the terms of this agreement at any time. We may delay
enforcement without losing our right to enforce this agreement at a
later time. If any term of this agreement is found to be
unenforceable, we may still enforce the other terms.
APPENDIX
B
ORGANIZATIONAL
PERFORMANCE SYSTEMS
PRIVACY
POLICY
This
policy details how data about you is used when you access our
websites and services (together, "OPS") or interact with
us. If we update it, we will revise the date, place notices on OPS if
changes are material, and/or obtain your consent as required by law.
1.
Protecting your privacy
We
take precautions to prevent unauthorized access to or misuse of data
about you
We
do not run rewards, other than those posted by our users
We
do not share your data with third parties for marketing purposes
We
do not engage in cross-marketing or link-referral programs
We
do not employ tracking devices for marketing purposes
We
do not send you unsolicited communications for marketing purposes
We
do provide email proxy & relay services to reduce unwanted email
We
do not respond to "Do Not Track" signals
2.
Data we collect, use, and disclose
Below
is a list of all the types of data we may collect, where we get it,
why we collect it and the categories of third parties to whom we
disclosed it. We do not sell this data to third parties.
Data
type
|
Where
we got it
|
Why
collected
|
Disclosed
to
|
Names
|
User
entry
|
Facilitating
transactions and personalizing your use of OPS
|
Service
providers
|
Email
address
|
User
entry
|
Account
creation, user-to-user and OPS-to-user communications and
combatting fraud/abuse
|
No
one
|
Phone
number
|
User
entry
|
User-to-user
communications, combatting fraud/abuse, personalizing your use of
OPS
|
Service
providers, Phone verification service providers
|
Mailing
or street address
|
User
entry
|
Account
and post creation, OPS communicating with corporate users,
facilitating transactions and personalizing your use of OPS
|
No
one
|
Photos
and other data you voluntarily provide, post on or send via OPS
|
User
entry
|
Facilitating
and personalizing your use of OPS
|
Other
users that may view your profile
|
Saved
searches, account preferences, favorite/hidden postings
|
User
entry
|
Facilitating
and personalizing your use of OPS
|
No
one
|
HTTP
browser cookie
|
User's
browser, OPS web server
|
Facilitating
and personalizing your use of OPS and combatting fraud/abuse
|
No
one
|
Information
about your device and browser such as device ID, browser version,
operating system, plugins, geolocation
|
User's
browser, mobile app
|
Facilitating
and personalizing your use of OPS, combatting fraud/abuse, testing
and evaluating user experience
|
No
one
|
IP
address
|
User's
browser, mobile app, IP/geolocation providers
|
Combatting
fraud/abuse
|
Agencies
that help us combat fraud/abuse
|
Web
page views, access times, HTTP headers
|
User's
browser, mobile app
|
Combatting
fraud/abuse
|
No
one
|
We
may share some or all of the above listed data in the following
circumstances:
to
respond to subpoenas, search warrants, court orders, or other legal
process
to
protect the rights, property, or safety of OPS users; OPS the
company and our applications; or the general public
at
your direction (e.g. if you authorize us to share data with other
users)
in
connection with a merger, bankruptcy, or sale/transfer of assets
3.
Data we store
We
retain data as needed to facilitate and personalize your use of OPS
applications, combat fraud/abuse and/or as required by law
We
make good faith efforts to store data securely but can make no
guarantees
You
may access and update certain data about you via your account login
4.
California Users
To
learn more about the California Consumer Privacy Act and how it
applies to you, please visit the California
Attorney-General's website.
Right
to know: You have the
right to request that we disclose the data we collect, use and
disclose, and other information relating to data we collect about
you. See the table above.
Right
to delete: You have the
right to request the deletion of data that we have collected from
you, subject to certain exceptions.
Right
to non-discrimination: You
have the right not to receive discriminatory treatment for exercising
the rights listed above.
You
may submit a request to know or delete via info@ops1.com.
Only
you or someone you authorize to act on your behalf may make a request
to know or delete your data. An authorized agent may make a request
on your behalf by providing written permission signed by you.
We
will need to confirm your identity before processing your request by
asking you to log into your existing account (if you are a registered
user) or by asking you for additional information, such as a
government issued ID, to confirm your identity against information we
have already collected.
5.
International Users
By
accessing OPS or providing us data, you agree we may use and disclose
data we collect as described herein or as communicated to you,
transmit it outside your resident jurisdiction, and store it on
servers in the United States.
6.
Contact
If
you have questions about our privacy policy and practices please
email info@ops1.com.
APPENDIX
C
ENVISION
Referral Program Terms and Conditions
These
Referral Program Terms apply to the EnVision Referral
Program (“Referral Program”) and govern the participation by
members who refer (“Referrers”) and the individuals who are
referred (“Referees”) by the Referrers.
Organizational
Performance Systems, Inc. (“Company” or “we” or “us”)
offers the Referral Program to our Users who are interested in
referring friends, family, and others to sign up for EnVision.
1.
General
This
Referral Program is only open to individuals located in the United
States and Canada. These Referral Program Terms are in addition to
any agreements between you and Company, including our Master
Subscription Agreement and Privacy Policy (together, “General Terms
and Conditions”), which you agreed to when you signed up for an
account. The General Terms and Conditions are hereby incorporated by
reference and shall apply to your participation in the Referral
Program.
2.
Qualified Referrals
A
Qualified Referral must:
Be
a natural person (i.e., no businesses, legal entities or pets)
located in the United States or Canada
Be
a new user of EnVision
Sign
up to become a member using the referral link provided or other
methods supplied by us that allow for proper tracking of referrals
Consent
to and comply with the General Terms and Conditions
Engage
with EnVision on a qualifying number of occasions within ninety (90)
days from sign-up.
3.
Referral Program Bonus Rewards
Referrers
may be eligible to earn referral Bonus Rewards for each Qualified
Referral referred and Referees may be eligible for a sign up Bonus
Rewards when they become a Qualified Referral. Both the Referrer and
Referee must be located in the United States or Canada in order for
anyone to be eligible for any Bonus Rewards. The terms and
availability of Bonus Rewards terms may change from time to time at
our discretion. Earned Bonus Rewards will be displayed on the
Referrer’s account.
4.
Representations
By
participating in the Referral Program, (i) as a Referrer, you
represent and warrant that you have a personal relationship with your
Referee(s) or otherwise have the necessary consents to submit their
information to the Referral Program; and (ii) as a Referrer or
Referee, you will comply with all applicable Company policies and
terms, and any and all applicable laws, rules and regulations in your
participation in the Referral Program.
5.
Restrictions
The
following is a non-exhaustive list of activities that are not
permitted and that will disqualify Referrers and Referees from
earning Bonuses through the Referral Program: (i) self-referral; (ii)
creating fake accounts, blogs, web pages, profiles, websites, links
or messages; (iii) any bulk email distribution, submission, or
distribution to strangers, or any other promotion that would
constitute or appear to constitute unsolicited commercial email or
"spam"; (iv) posting your referral link on any page that is
not owned and controlled by you, including, but not limited to, any
merchant, Facebook, or forum page; (v) bidding on any keywords
containing “OPS” or “EnVision” or common misspellings
thereof; (vi) placement of our logos or mention of our trademarks or
tradenames in any ad text, extensions or banner ads; (vii) paid
advertising for the purpose of generating traffic directly to your
referral link; (viii) misleading or attempting to mislead anyone in
connection with the Referral Program, including, but not limited to,
misrepresenting your relationship with us or posing as our
representative in an official capacity; and (ix) taking any action or
making any content that is disparaging or defamatory to us. Multiple
accounts created with the same name, address, email address or other
identifying feature may be flagged as fraudulent referrals.
6.
Reservation of Rights
We
reserve the right to withhold, deny or cancel any Referral Rewards
and/or terminate your account if Company, in its sole discretion,
deems any Referral Reward as fraudulent, abusive, unethical,
suspicious, or otherwise inconsistent with these Referral Program
Terms, the General Terms and Conditions or any other applicable law
or regulation. Our decisions are final.
7.
Termination
We
reserve the right to suspend or terminate the Referral Program or to
change these Referral Program Terms at any time and for any reason in
our sole discretion.