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Terms & Conditions

Revised: September 1st 2021 Terms & Conditions of the HēLē Rewards program, for Cardholders and/or Members: Participation by Cardholders and/or Members (hereafter, Cardholders) in the HēLē Rewards program (hereafter, “HēLē”) is subject to the rules, restrictions, Terms and Conditions (hereafter, “T&C’s”) as set by HēLē Marketing, LLC ("HēLē Marketing") and as may be amended at any time, in the sole discretion of HēLē Marketing. Use of a HēLē Rewards Card constitutes acceptance of the Terms & Conditions as stated on this website. The T&C’s may be amended at any time in the sole discretion of HēLē Marketing, and may be updated accordingly on this site. HēLē Marketing or its designated provider(s) or its assigns do not represent the merchantability nor fitness of purpose of any products or services offered by participating businesses through the program. HēLē Marketing and its designated providers disclaim all liability relative to the purchase and/or use of such products or services. All products and services, which may be available through valid Cardholder participation in the program, are subject to change at any time without notice, as are the rules, restrictions and terms and conditions of use of such products or services. All HēLē Rewards Cards are the property of HēLē Marketing and may be returned/revoked at any time. A merchant rebate is the total amount, as a percentage of the purchase price or a fixed amount, of a program purchase paid by a participating merchant to fund program costs and the reward amount paid to Cardholder, and may be changed by HēLē Marketing or the merchant at any time. Each participating merchant may determine the percentage of the program purchase that will constitute the merchant rebate as well as an optional minimum purchase price to create an eligible program purchase. Participating merchants or HēLē Marketing may change percentages, threshold amounts, and maximum Rewards allowed per purchase from time to time, in their sole discretion, without notice. Please refer to the listing for each respective Participating Location for their specific Reward amount. NOTE: Reward/rebate is not typically applied to sales tax or other fees association with purchase, as indicated by each Participating Location. AVAILABILITY OF REWARDS: Any Reward loaded to your card may not be available for use for one business day. REFUNDS OR RETURNS: Should an item or service be refunded or returned, in full or partial amount, any Reward previously earned may be deducted appropriately. USE OF CARD TO REDEEM REWARDS AND EARN REWARDS AT SAME TIME IS PROHIBITED: A HēLē Rewards card may be used for only one use at a time. Should Cardholder redeem Rewards from their card at a participating HēLē location, the location reserves the right NOT to award a Reward on that same purchase. For clarification: When Cardholder chooses to redeem Rewards at a participating location, Cardholder may not also earn a Reward on the purchase at the same time. Example: Cardholder buys item at participating location for $10.00 and chooses to make the purchase by spending (Redeeming) Rewards previously loaded to their card. While this purchase may be made, the Cardholder will not also earn a Reward on that same purchase. OTHER RESTRICTIONS: Please treat your card as you would cash. If lost or stolen, or used without permission, the card cannot be replaced or the value replenished. Should HēLē choose to replace a card for any reason, a minimum fee of $15.95 (fifteen dollars and ninety-five cents) shall apply, plus reasonable shipping and handling fees, as determined by HēLē. Your card is not redeemable for cash, but may be used to purchase goods or services at participating locations. A Cardholder’s right to use a card and participate in the program may be terminated or changed at any time, in the sole discretion of HēLē Marketing. A participating location reserves the right to physically see the Cardholder’s card at some point during the purchase. To be fair to all, Cardholder must present their HēLē card sometime during the purchase with the location. Please do not ask a business who is willing to participate and reward Cardholders to honor a Reward later or on a previous purchase. Please present your card at the time of purchase. Cardholder may earn Rewards only on his/her designated purchase, and not on others. Example of prohibited use: Cardholder enjoys a meal at a participating restaurant along with 3 other guests. If guests are dining via a separate check, Cardholder may not earn a Reward on the other guests’ checks, nor may the Cardholder “loan” his/her card to the guest(s) to use as well. A participating location reserves the right to prohibit a Cardholder from using their respective card more than once per day. A participating location reserves the right to provide their respective Reward percentage/amount on the total sales price, NOT including sales tax or any other fees associated with the purchase. A participating location reserves the right to not honor their respective Reward percentage/amount on certain products or brands. Example: A restaurant may or may not honor the Reward on alcohol, while a retailer may not extend the Reward on a particular brand. A participating location reserves the right to establish its own restrictions for the use of the card, including not allowing the use of earning a HēLē Reward while also benefiting from the use of another offer, promo, or coupon. The card may not be used to combine offers. Such rules may be subject to any specific location, as each location is allowed to set its own restrictions for use, which may be changed at any time without notice, in the sole discretion of the participating location and/or HēLē Marketing. Restriction specific to Automobile Dealers and similar businesses: Having an automobile dealer participating in the HēLē program is wonderful for everyone, particularly since it may result in a large Reward being loaded to a Cardholder’s card. To be fair to the auto dealer, we ask that you present the card before you depart with your purchase and/or immediately after you’ve made your best deal. What no one wants is for a cardholder to get home with their new car purchase, show their car purchase off to a friend, and then their friend say “hey, you should’ve used my HēLē Rewards Card when you bought the car. Go back to the dealership, tell them you forgot to use your card earlier, and we’ll split the reward.” Simply put, that’s not fair to anyone. EXPIRATIONS: A HēLē Rewards card typically has 2 (two) Expiration Dates: 1. Date that Cardholder may no longer EARN Rewards. 2. Date that Cardholder may no longer REDEEM Rewards. A card may have an expiration date regarding the ability to EARN or LOAD Rewards to the card. As such, the cardholder may use the card to EARN or LOAD Rewards for (EARN Expiration Date): • 12 (twelve) months after First Use or Activation of the designation card. • Or, the specific date for the same, which may be printed on the front or back of the designated card. • NOTE: The ability to REDEEM Rewards previously earned on a card may survive the expiration of the ability to EARN Rewards, as designated below. Any available balance on card expires upon the EARLIER of (REDEEM Expiration Date): • The date for such designated on the front or back of the designated card. • 36 (thirty-six) months after the ability to EARN Rewards expires (Expiration Date for EARNING Rewards, as stated above). TRANSFERABILITY: Funds or Rewards loaded to your card are not transferable to another card, nor to another party. Program cards are not transferable to another party or used by any person other then the initial holder of the card. Cardholders agree not to abuse HēLē program privileges by conduct which may be detrimental to HēLē Marketing and/or its affiliates, as determined in the sole discretion of HēLē Marketing. Cardholder agrees to promptly notify HēLē Marketing of any change in cardholder address (mail or email) or personal information profile by updating his/her personal information in the Registration portal section of our Website. LIMITATION OF LIABILITY: HēLē Marketing shall not be liable for any damages, whether direct, indirect, incidental, or consequential, relating to the participation or the inability to participate in the HēLē Rewards Program. In no event, shall HēLē Marketing’s liability exceed, either jointly or severally, $30.00 (thirty dollars). INDEMNIFICATION: Cardholder agrees to indemnify and hold HēLē Marketing, its affiliates, officers, employees, and representatives harmless from any claim, demand, expense, or damage, including reasonable attorneys’ fees relating to the use or non-use of the HēLē Rewards Program or for any violation of these T&C’s. WAIVER: There shall be affected no waiver by failure on the part of HēLē Marketing to exercise, or delay in exercising, any right under HēLē, nor shall any single or partial exercise or any right under these T&C’s preclude any other future exercise of any right. Severability: Standard for Interpretation. If it shall be determined by a court or other competent body that any provision or wording of these T&C’s shall be invalid or unenforceable under state or other applicable law, such invalidity or unenforceability shall not invalidate any other provision. Whenever two or more interpretations of the provisions or wording of these T&C’s shall be possible, the interpretation or construction which leads to the enforcement and validity of any provision of these T&C’s shall be favored and deemed to be the intended interpretation of the parties to these T&C’s. No unlawful or prohibited use/Intellectual Property: Cardholders, prospective Cardholders, and users of our website or mobile app are granted a non-exclusive, non-transferable, revocable license to access and use http://www.helerewards.com strictly in accordance with these T&C’s. As a condition of your use of the site, you warrant to HēLē that you will not use the site for any purpose that is unlawful or prohibited by these T&C’s. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. All content included as part of our services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of HēLē or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Data mining or scraping of content from our site is prohibited. HēLē content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HēLē and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HēLē or our licensors except as expressly authorized by these T&C’s. DEFINITIONS: Cardholder: The individual or entity who possesses a HēLē Rewards card. May also be referred to as a Member in these T&C’s. HēLē Marketing, LLC: May be referred to as HēLē Marketing or HēLē or its assigns. This is the company behind HēLē Rewards. Reward: Either an amount or percentage that is awarded to a Cardholder’s card by a participating location. This may be referred to as a rebate, or a reward, or funds. Redemption: This is when a Cardholder spends funds (Reward or Rebate) from their card. When Rewards are redeemed from a card, they are removed or deducted from the card. This is otherwise known as SPENDING Rewards. Issuance or Load: This is when a Reward or rebate is loaded to a card, or otherwise known as EARNED on a card. Expiration Dates: HēLē Rewards cards have two (2) expiration dates. One expiration date is when you’ll no longer be able to EARN Rewards on your card, while the other expiration is when you’ll no longer be able to SPEND (Redeem) Rewards. Don’t worry, you’ll typically be able to SPEND Rewards for thirty-six (36) months after you no longer can EARN Rewards. Activation or First Use: This is the date that a card is first used in any way, including but not limited to, registering a card, checking a card’s balance, using a card to earn a Reward, using a card to redeem a Reward. This may also be a date that is specified in writing on the front or back of the card. Participating Location: This is a location such as a business or merchant who has chosen to provide a Reward to HēLē Rewards Cardholders, in exchange for shopping at their location. Such a location may or may not be in your local area. Such a location may also have its own terms, conditions, restrictions, and limitations related to card usage, including but not limited to blackout days (HēLē Rewards Cards may not be use on indicated days), not applicable with other offers or promotions, not applicable to alcohol, etc. Such locations may also have maximum limits of a Reward or rebate loaded to a card in a single transaction or a single day. Such limitations should be stated in the Participating Location’s listing on our website. HēLē Rewards Card: This is a bonafide card produced by HēLē Marketing for use in the HēLē Rewards program and network. Such cards may be accepted and honored by any Participating Location in the Network. All such cards work interchangeably in different markets. HēLē Rewards Network: This is a network of any and all business locations that honor the HēLē Rewards card and are registered with the program by HēLē Marketing. These locations may be in different markets. GOVERNING LAW, JURISDICTION, AND EXCLUSIVE VENUE: Any dispute or claim arising from or in relation to these T&C’s or the HēLē program, or the interpretation, making, performance, breach, or termination thereof shall be governed and construed and enforced in accordance with the laws of the State of Mississippi. The parties hereto irrevocably consent to the jurisdiction and venue of such court and waive any present or future objections to venue or jurisdiction in such court. The parties agree that service of process may be made upon as per the local rules of civil procedure. All legal actions addressing, relating to or touching upon any element of this contract, sums or rewards due, conduct alleged, interpretation of terms or any other contractual legal obligation set our herein, whether in law or equity, may only be filed in a court of appropriate jurisdiction in Rankin County, Mississippi. Rankin County, Mississippi shall act as the exclusive venue of all such actions and any filing outside thereof must be immediately dismissed without prejudice. The remedies provided hereunder are cumulative and not exclusive of any remedies provided by law or equity. These T&C’s constitute the complete and sole understanding between HēLē Marketing and Cardholder relative to the subject matter hereof and supersedes any and all prior contemporaneous understandings, agreements, communications, and/or promotion with respect to this subject matter. If any provision(s) of these T&C’s is held by a court of law to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CONTACT: HēLē Marketing, LLC ATTN: HēLē Rewards 1490 W Government St, #7-286 Brandon MS 39042 Support@HeLeMarketing.com Revised: September 1st 2021

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