FOX5 REWARDS PROGRAM MEMBER TERMS & CONDITIONS Last Updated: August 2010 FOX5 Rewards Program The FOX5 Rewards Program Terms and Conditions contain details about the relationship between you and KVVU relating to the FOX5 Rewards Program. You must accept the terms of the Terms and Conditions in order to become a FOX5 Rewards Program Member (a "Member"). These Terms and Conditions govern Member participation in the FOX5 Rewards Program and use of the FOX5 Rewards Program Website (www.fox5rewards.com) (the "Website"). Whether you are a Member or a visitor to the Website (a "Visitor"), your use of the Website and all services offered by KVVU in connection with the FOX5 Rewards Program are subject to these Terms and Conditions. It is each Visitors' and Members' responsibility to read and understand the Terms and Conditions. By enrolling in the FOX5 Rewards Program and clicking on the "enroll" button, you acknowledge that you have read, understood and agree to the Terms and Conditions. No rights of any kind accrue in the FOX5 Rewards Program except as specifically defined herein. There are no exceptions to the Terms and Conditions except for those set out in this document. KVVU reserves the right to interpret and apply the Terms and Conditions in its sole discretion. Changes to these Terms and Conditions will be effective upon the posting of any such changes on the Website, provided that no such changes will apply to any Vouchers purchased prior to the effective date of such changes. All vouchers printed from the Website or any other website associated with FOX5 Rewards ("Vouchers") are promotional vouchers that are offered for sale by participating third party merchants through FOX5 Rewards to be used in exchange for goods and services at a discount from the actual cost of such goods and services KVVU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services offered on the Website by posting the most current version of the Terms and Conditions on the Website. You agree that KVVU shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all services offered on the Website. You agree and acknowledge that is your responsibility to visit the Website regularly to view any changes to the Terms and Conditions or other important information about your participation in the FOX5 Rewards Program. Your continued use of the Website after any changes are made to the Terms and Conditions signifies your implied agreement to any such changes and your waiver of any disagreement thereto. If you do not agree to the current Terms and Conditions or any future changes thereto, you should not use the Website and, if applicable, you should cancel your membership in the FOX5 Rewards Program. Membership Membership is free and open to legal U.S. residents of the Las Vegas metropolitan area who are 18 years old or older, able to enter into a legally binding contract, able to complete our enrollment process and understand and agree to these Terms and Conditions. The Website and the services offered therein are intended for your personal, noncommercial use. If you are not registered with the FOX5 Rewards Program, please click here to register and become eligible for all of FOX5 Rewards Program's features. Rewards points ("FOX5 Rewards Points") will be accrued only to the FOX5 Rewards Program account of the Member who actually participates or purchases goods or services from the Website and whose name appears on the goods or services invoice. FOX5 Rewards Points cannot be bartered, sold, pooled, transferred or otherwise accrued by different persons (including family members) into the same FOX5 Rewards Program account. Any duplicate accounts opened by the same Member are subject to cancellation and all FOX5 Rewards Points accumulated by such Member may be forfeited at the sole discretion of KVVU. Only natural persons may join the FOX5 Rewards Program on the Website. Corporations and other entities are not eligible to become FOX5 Rewards Members. There are no group or family memberships and each individual must enroll separately. To register to become a FOX5 Rewards Program Member, you must provide us with your name, zip code, email address, date of birth and other information that we may ask for from time to time ("Registration Data"). Members may be asked to verify some or all of this information before communicating with a FOX5 Rewards Program representative about their accounts. At the time of registration, you will also be required to select a password which, along with your user name will serve to identify you as a Member each time you visit the Website and allow you to access your FOX5 Rewards Program account. You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights, or (iii) use a user name that KVVU, in its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or KVVU has reasonable grounds to suspect that you have done so, KVVU has the right to suspend or terminate your membership and refuse any and all current or future use of the Website and the services (or any portion thereof). Members must immediately notify KVVU of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a Member's password. Each Member is responsible for the confidentiality of its user name and password and for monitoring all usage or activity on its account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Member or the result of the Member authorizing a third party to use the Member's user name and password. Each Member agrees not to abuse any FOX5 Rewards Program privileges by conduct which is detrimental to the interests of the FOX5 Rewards Program or KVVU, including without limitation attempting to accrue FOX5 Rewards Points or spend FOX5 Rewards Points in a manner inconsistent with the rules of the FOX5 Rewards Program or the intent of these Terms and Conditions, having multiple accounts, attempting to earn FOX5 Rewards Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with any FOX5 Rewards Program award links or through any similar activity. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS ANY CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR FOX5 REWARDS POINTS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT WAS RECEIVED FROM OTHER MEMBERS THAT CAN BE REDEEMED FOR FOX5 REWARDS POINTS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE ITS FOX5 REWARDS PROGRAM ACCOUNT CANCELED AND WILL NOT BE AWARDED ANY FOX5 REWARDS POINTS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING POINTS FOR COMPANY USE. Each Member shall comply with all laws, rules, and regulations that are applicable to such Member. Member acknowledges that Member may only participate in the FOX5 Rewards Program if and to the extent that such participation is permitted by such laws, rules, and regulations. KVVU reserves the right to refuse to enroll any person in the FOX5 Rewards Program, or to restrict, modify, or terminate any Member's participation in the FOX5 Rewards Program, without liability to KVVU or any other party, if Member violates any law, rule, or regulation, or if Member's participation in the FOX5 Rewards Program could violate any law, rule, or regulation. Earning Points FOX5 Rewards Points can be earned by a Member by: (a) Participating in surveys, games, questionnaires, or other activities on the Website. (b) Participating in events, specials, and promotions or purchasing goods and services from businesses that participate in the FOX5 Rewards Program ("Participating Merchants") (c) Using a Registered Card (as defined below) to make purchases at Participating Merchants such as restaurants, bars, hotels, retailers, gas stations, and grocers. To participate in the Registered Card program, you must have a valid Visa, MasterCard or American Express payment card that is registered with us ("Registered Card"). Up to 5 Registered Cards may be registered for an individual at any time. You will receive FOX5 Rewards Points for a purchase at a Participating Merchant only if the business is a Participating Merchant and has a valid promotion on the date of the purchase. You will not receive FOX5 Rewards Points for a purchase if the Website indicates that no FOX5 Rewards Points are being offered or given for the type of purchase you made. Purchases with your Registered Card at a Participating Merchant may be qualified only up to a specified dollar amount, or only if made during certain time periods on specified days. The FOX5 Rewards Points that you earn may vary depending on a variety of factors, such as the Participating Merchant, and your level of activity within the FOX5 Rewards Program. Information on the type, amount and limits on FOX5 Rewards Points, as well as on current Participating Merchants, is posted on the Website. You are responsible for reviewing this information before you make a purchase at a merchant, as these details may change from time to time and may affect the rewards you receive. KVVU reserves the right to change or eliminate Participating Merchant promotions at any time. FOX5 Rewards Points accrued from using a Registered Card typically will be posted to your FOX5 Rewards Program account within 6-8 weeks from the date of purchase, depending on the Participating Merchant's return policy. Merchandise returned to the Participating Merchant during this time period will be deducted from your FOX5 Rewards Points balance. (d) Promotional FOX5 Rewards Points may be awarded by KVVU at its discretion at any time. KVVU reserves the right to amend or delete any or all of the means currently recognized for accruing FOX5 Rewards Points and to exclude specific types of transactions or other actions from the accumulation of FOX5 Rewards Points. You will receive FOX5 Rewards Points from Participating Merchants only if they have a valid promotion active at the time of your purchase from the Participating Merchant. It is your responsibility to refer to the Website to verify the status of any Participating Merchant promotion. The accumulation of FOX5 Rewards Points in a Member's FOX5 Rewards Program account does not entitle the Member to any vested rights with respect to any specific awards or specific FOX5 Rewards Program benefits. In accumulating FOX5 Rewards Points, Members may not rely upon the continued availability of any award or award level, and Members may not be able to obtain awards for all published rewards. FOX5 Rewards Point Redemptions FOX5 Rewards Points may be redeemed only on rewards as offered through the FOX5 Rewards Program at the time of redemption. The number of FOX5 Rewards Points required to be redeemed for a reward are subject to change at any time without notice. KVVU reserves the right to decide whether a reward will be shipped by mail or must be picked up in person by the Member. Under no circumstances will a reward item be mailed to a Member at an address outside the greater Las Vegas metropolitan area, as determined by KVVU. FOX5 Rewards Points have no cash value. Member inquiries regarding rewards ordered but not received within a reasonable period of time by the Member must be received by KVVU within six (6) months after the date of the initial redemption request. Thereafter, KVVU will have no obligation to re-send rewards to the Member. KVVU is not responsible for lost or stolen rewards once delivered by KVVU to the appropriate carrier to be mailed to the Member or upon pick up by the Member, as the case may be. FOX5 Rewards Points will be subtracted from a Member's account once the redemption order is placed by the Member and captured by the FOX5 Rewards Program system. Once used to claim a reward, FOX5 Rewards Points will not be reinstated to Member's account. KVVU makes no representation, warranty or guarantee as to any value or benefit of FOX5 Rewards Points, any ability to use FOX5 Rewards Points, or any other matter relating to FOX5 Rewards Points. You may order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider KVVU (and KVVU will not be construed as) a party to such transaction, whether or not KVVU may have received some form of revenue or other remuneration in connection with such transactions, and KVVU will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. KVVU is not responsible for the content of any Third Party Seller website that may be linked to or from the Website, or any bulletin board associated with the FOX5 Rewards Program or KVVU. Any such links are provided for your convenience only and you agree that you access them at your own risk. Any other website accessed from the Website is independent of the FOX5 Rewards Program, and KVVU has no control over the content of any such other website. In addition, a link to any other websites does not imply that KVVU endorses or accepts any responsibility for the content or use of such other website. You are responsible for any tax consequences resulting from your receipt or use of rewards under the FOX5 Rewards Program. You acknowledge and understand that KVVU may report information related to rewards provided to you to relevant tax authorities. Account Changes KVVU reserves the right to cancel or disable any FOX5 Rewards Program accounts and cancel unredeemed FOX5 Rewards Points in any accounts that are inactive for a period of eighteen (18) consecutive months. An inactive account shall be defined as an account that has not taken any of the following actions: visited the Website, responded to the enrollment email (click thru), participated in a survey, completed a questionnaire, completed a game; updated the Member profile or completed a FOX5 Rewards Point-earning or redemption transaction. KVVU reserves the right to terminate or disable, at KVVU's sole discretion, any FOX5 Rewards Program membership if KVVU believes such Member has violated or acted inconsistently with the rules of the FOX5 Rewards Program or the intent of these Terms and Conditions. Member understands and agrees the disabling of a Member's membership will result in Member's inability to redeem and/or earn FOX5 Rewards Points. Member understands and agrees that the termination of a Member's membership will result in the cancellation of all of Member's FOX5 Rewards Points. KVVU shall be the sole judge in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to the termination of a Member's membership (including cancellation of FOX5 Rewards Points) shall be final, binding and non-appealable. KVVU reserves the right to adjust any Member's FOX5 Rewards Point balance with deductions for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of a Member's FOX5 Rewards Program account. Communications and Privacy By enrolling in the FOX5 Rewards Program, you agree to receive administrative and marketing e-mails from KVVU, except that you may opt-out of receiving marketing communications from KVVU by updating your "My Account Profile" at any time. KVVU shall be strictly bound by the Terms and Conditions set forth in the FOX5 Rewards Privacy Policy. KVVU agrees to maintain the confidentiality and protection of your personal information at all times during and after your enrollment in the FOX5 Rewards Program. Members may view the most up-to-date KVVU Privacy Policy on the Website. You will receive regular e-mail updates on administrative matters and on your FOX5 Rewards Program balance and your recent account activity. Please note if you choose not to receive marketing e-mails, KVVU will still send you certain administrative and transactional e-mails about your account. Member acknowledges and understands that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities on the Website are public and not private communications, and that, therefore, others may read Member's communications without Member's knowledge. KVVU does not control or endorse the content, messages or information posted by Members on its Website, and, therefore, KVVU specifically disclaims any liability concerning the postings and any actions resulting from Members' participation in such discussions, including any objectionable content. Generally, any communication which Member posts to the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by KVVU as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, Member grants KVVU the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. License Grant By posting communications on or through the Website, Member shall be deemed to have granted to KVVU a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses. Protecting Children Because the safety of children is very important to us, KVVU complies with the Children's Online Privacy Protection Act. KVVU does not encourage the participation of children in the FOX5 Rewards Program or the visitation by children of the Website. Visitors to the Website who are known to be under the age of 18 are prohibited from becoming Members. KVVU does not knowingly collect personal information from children under the age of 13. Proprietary Rights to Content and other Intellectual Property Member acknowledges that FOX5 Rewards Program content (including but not limited to text, sound, photographs, graphics, or other material contained in any FOX5 Rewards Program communication, advertisements, or messages, whether by KVVU, its advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by KVVU, its advertisers and partners, as the case may be. FOX5 Rewards Program offers are specific to Member's membership unless otherwise stated. Member shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. KVVU does not have any express burden or responsibility to provide Member with indications, markings or anything else that may aid Member in determining whether the material in question is copyrighted or trademarked. Member shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, Member warrants that the owner of such material has expressly granted KVVU the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other user to access, view, store or reproduce the material for that Member's personal use. Member hereby grants KVVU the right to edit, copy, publish and distribute any material made available on the Website by the Member. Disclaimer of Warranty. MEMBER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE MEMBER'S SOLE RISK. NEITHER KVVU, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. KVVU HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Limit on Liability and Indemnity You agree that: (a) the FOX5 Rewards Program is provided "as is" and, to the maximum extent permitted by law, KVVU disclaims any express or implied warranties with respect to the FOX5 Rewards Program, including any implied warranties of merchantability or fitness for a particular purpose, (b) KVVU and any of its vendors or any Third Party Sellers will not be liable for any damage that you may suffer in connection with your participation in the FOX5 Rewards Program. In no event will KVVU be liable for any damage caused by any act or omission of a Participating Merchant or Third Party Seller, (c) KVVU and any of its vendors or any Third Party Sellers will not be liable to you or any other person for any indirect, special, incidental, contingent, consequential, reliance or special damages (including lost profits) in connection with this Agreement or the FOX5 Rewards Program, whether or not KVVU has been advised of the possibility of such damages. You agree to defend, indemnify and hold KVVU and any of its vendors, any Third Party Sellers, any of KVVU's subsidiaries, affiliates, successors and assigns, and KVVU's and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your use of the FOX5 Rewards Program and the Website. Member is solely responsible for interactions with Merchants and other users of the Website. To the extent permitted under applicable laws, Member hereby releases KVVU from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user. Additional Terms All comments, feedback, and other information disclosed, submitted, or conveyed by you to KVVU (collectively, the "Comments") shall be and remain KVVU's property and may be reprinted or used in any other manner in any other purpose by KVVU or others without your permission. Your provision of Comments to us constitutes an assignment to us of all worldwide rights, titles, and interests in all intellectual properties of the Comments. You warrant that: (i) any use of Comments by KVVU will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene. Participating Merchants, Third Party Sellers, and other partners are not KVVU's agents, and have no authority to take any action or make any commitments on KVVU's behalf. You and KVVU are the only parties that may enforce these Terms and Conditions; there are no third party beneficiaries of these Terms and Conditions. Any waiver by KVVU of its rights under these Terms and Conditions must be in writing and signed by KVVU. A waiver of a right by KVVU in one instance will not limit KVVU's ability to enforce the right in another instance. Enforcement and Choice of Law This Agreement shall be governed by the laws of the State of Nevada, without regard to its conflict of laws principles. For all disputes arising from or related to the FOX5 Rewards Program and the Website, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Nevada. If any part of this Agreement is unenforceable, such part will not make any other part of these Terms and Conditions unenforceable. Entire Agreement Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from KVVU, these Terms and Conditions constitute the entire agreement between you and us governing your use of the FOX5 Rewards Program and the Website. Should any provision in these Terms and Conditions conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from KVVU, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply. TERMS of SALE General FOX5 Rewards provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") at a discount (such opportunity is hereinafter referred to as a "Deal"). Merchants are willing to offer attractive promotional discounts in order to reach FOX5 Rewards’ members. All vouchers printed from the FOX5 Rewards website or any other website associated with FOX5 Rewards (hereinafter “Vouchers”) are promotional vouchers that are offered for sale by participating Merchants through FOX5 Rewards to be used in exchange for goods and services at a discount from the actual cost of such goods and services. By placing an order for a Voucher from a Merchant through FOX5 Rewards, you make an offer to purchase the Voucher you have selected on the terms, restrictions and conditions of the Deal (as set forth on the FOX5 Rewards website). Once you’ve placed your order to purchase a Voucher, you will receive an email confirmation of the purchase (including the details of the Deal) and your credit card will promptly be charged for the purchase price of the Deal. Please note that GreenLink Networks, Inc. is the name that will show on your credit card billing statement. FOX5 Rewards will notify you by email at the time the Voucher you have purchased can be used. You are required to create an account with FOX5 Rewards in order to purchase a Voucher. An account is required so that FOX5 Rewards can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences. Each Voucher you purchase through FOX5 Rewards is redeemable for goods or services to be provided by the applicable Merchant. The Merchant, not FOX5 Rewards, is the seller of the Voucher and the provider of the goods and services and is solely responsible for redeeming any Voucher you purchase. Voucher Each Deal is comprised of two separate portions: (i) a paid portion which is equal to the full cash amount that your credit card is charged at the time of purchase (the "paid portion"); and (ii) a promotional portion equal to the balance of the value of the Deal in excess of the paid portion (the "promotional portion") (together, the paid and promotional portions of the Deal represent the value of a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until there is a balance of zero dollars ($0.00) and then against the promotional portion that is remaining. Terms and Conditions Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers: • Vouchers do not have any cash value; • There is a limit of one (1) Voucher per redemption unless otherwise specified by Merchant; • No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law; • No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher; • A Voucher may only be applied to merchandise sold by the applicable Merchant, and cannot be applied to shipping or handling charges; • The use of a Voucher to purchase alcoholic beverages shall be at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher; • A Voucher cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher; • A Voucher is redeemable in its entirety and on a one time basis only and may not be redeemed incrementally; • A Voucher cannot be used for taxes, tips, prior balances, shipping or handling, as applicable; • Neither FOX5 Rewards nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers; • Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void; • The duplicate use, sale or trade of a Voucher is prohibited, except as required by law; and • Unless otherwise stated by a Merchant at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher. Expiration Dates The expiration date of a Voucher is as printed on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Voucher, applicable law may provide that the Merchant is responsible for honoring the paid portion of your Voucher for a period of time beyond the expiration date stated on the Voucher. The Merchant should allow you to redeem the paid portion (or purchase price) of your Voucher up until the later of: (x) the Voucher’s expiration date; (y) five (5) years after the date the Voucher is issued; or (z) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the paid portion, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and FOX5 Rewards has instructed each Merchant to do so. If a Merchant has refused to redeem the paid portion of your expired Voucher, and if applicable law entitles you to such redemption, then FOX5 Rewards will refund the paid portion of your Voucher in US dollars or in the form of a credit for future Deals. In order to receive such credit, you must provide the following information in writing to support@fox5rewards.com: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant. Deal Specific Terms Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. Merchant Responsibility To be clear, FOX5 Rewards markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion. Credit Card Billing Greenlink Networks, Inc., in partnership with KVVU, operates the FOX5 Rewards website, and GreenLink Networks, Inc. provides the credit card billing services for FOX5 Rewards. To be clear, GreenLink Networks, Inc. is the name that will show on your credit card billing statement for your GroupBuy purchase. Refunds FOX5 Rewards will provide a refund of the purchase price paid by you for any Deal if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.