In using the website www.melanlist.com, you are deemed to have read and agree to the following terms of service.

The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms of service. “The Company”, “ML:”, “MelanList”, “Ourselves”, “We” and “Us”, refers to our company, MelanList LLC. “Party”, “Parties”, or “Us”, refers to both the Member and Ourselves, or either the Member or Ourselves. “Patron”, “Jamaa Patron”, “Jamaa Business Partner”, “Business Partner”, “Member”, and “Jamaa” refer to subscribers of our services/products individually and or collectively. All products and services described in this Section, as well, as any other products and services offered by MelanList at any time shall be defined herein as “Service” or service. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

You also agree that Your use of some MelanList-branded websites or other websites we operate may be governed by separate terms and conditions, agreements, and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

Cancellations

You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period. This Subscription can be canceled in your account settings.

Refunds

Refunds will not be provided for any Subscription or service. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-month. You will continue to have access to your Subscription until the end of the monthly billing cycle. MelanList reserves the right to offer refunds, discounts, and other considerations in select circumstances at its sole discretion. Please note that each circumstance is unique and the election to make such an offer in one instance does not create the obligation to do in another. If dissatisfied with a service rendered, no refund will be provided.

Modification, Limitation, and Discontinuance of Service

MelanList reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that MelanList will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that MelanList may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that recommendations will be retained, the maximum number of recommendations that may be sent from an account, the length of recommendations, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that MelanList has no responsibility or liability for the deletion or failure to store any recommendations and other communications maintained or transmitted by or through the Service. You agree that MelanList has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

User Feedback

MelanList appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of MelanList. In addition, none of the Submissions will be subject to any obligations of confidentiality and MelanList will not be liable for any future use or disclosure of such Submissions.

Term and Termination

The term of this Agreement (“Term”) will be in effect and continue so long as You have an active Subscription. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement. MelanList, for any reason in its sole discretion, can immediately terminate this Agreement, Your account, and Your access to the Service. If MelanList merely terminates Your account for its convenience and You are not in breach of this Agreement, MelanList will not refund Your Membership Fee. Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

Indemnification

You agree to indemnify, defend and hold harmless MelanList, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Business Partners and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to MelanList or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. MelanList will have sole control of the defense of any such damage or claim.

Availability

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify MelanList, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. MelanList is not responsible for any delays, failures or other damage resulting from such problems.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Trademark Notice

The Company name, the terms, including without limitation, MelanList (ML:), and melanlist.com, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), MelanList will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

MelanList LLC

6595 Roswell Rd Suite G2400

Atlanta, GA 30328

Attn: Legal

Email: hello@melanlist.com

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement. MelanList will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

General

By accessing this website you consent to these terms of service. All matters related to this website shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. These Terms of Service shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site for 30 days following these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms of service form the Agreement between the Client, Member, and Ourselves. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Member Records we keep, on the proviso that we are given reasonable notice of such a request and the request is deemed reasonable and relevant by The Company. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Member’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Credit Card Information

We use Stripe to process payments and do not directly receive your payment information. Stripe uses security measures to protect your information both during the transaction and after its complete.

Cookies

MelanList may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services

Children's Privacy

MelanList does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. MelanList relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.

We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.

Governing Law; Visitors Residing Outside the United States

This Privacy Policy and the privacy practices of MelanList will be subject exclusively to the laws in which MelanList provides its services.

Available globally, void where prohibited

MelanList provides a community membership for its Patrons and Business Partners in the form of a monthly or annual subscription. MelanList also operates certain services/products currently including, without limitations, Promos and Gift cards whereby MelanList facilitates the offer, sale, and/or marketing of certain promotions, discounts, challenges, sweepstakes, scholarships, donations, or deals (collectively, “Promotions”).

Publicity Rights

By accepting a Reward, you agree to allow MelanList and/or MelanList’s designee the perpetual right to use your name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law; if requested by MelanList, you shall provide any requested consents.

MelanList Loyalty Rewards and Incentive Program

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE PARTICIPATING IN THE MELANLIST LOYALTY REWARDS AND INCENTIVES PROGRAM (THE "REWARDS PROGRAM" OR "PROGRAM")

MelanList LLC offers qualified participants, as defined below ("Participants", individually, a "Participant" or "You") the opportunity to participate in one or more of the following components of our Loyalty Rewards Program on the MelanList Platform: MeliMoney Challenges, Challenges, Contests, Sweepstakes, Donations, The Black Trust Fund, and/or the Direct Exchange, (The "Rewards Program Components" or "Components"). You may not be eligible to participate in all of the Rewards Program Components and not all of the Components may be visible to you, so terms relating to those Components may not apply to you.

In connection with the Rewards Program, you may have the opportunity to participate in various missions, challenges, or other activities. Rewards include Visa Gift Cards, Amazon Gift Cards, or MelanList Gift Cards in digital or physical form dependent on availability. Meeting promotion rules grants the Member a chance to win rewards in sweepstakes (Sweepstakes), challenges (Challenges), and other tasked based contests (Contests), (collectively, "Promotions").

These terms and conditions (the "Program Rules") govern the Rewards Program, each of its Components, and the Company's relationship with Participants in the Program. Participation in the Program is subject to these Program Rules, which apply universally unless specifically indicated otherwise, and supersede any and all previous rules, terms, or conditions related to MelanList Loyalty Rewards (except the Terms of Service). Participants' access to Rewards Program Components, specific promotions, or other incentives are determined based on enrollment into a Jamaa Patron/Business Partner membership, monthly or annual subscription. References in these Program Rules to "we", "us" or "our" are references to MelanList LLC. We also refer to ourselves in these Program Rules as "MelanList" and “ML:”. Any references to "you" or "your" in these Program Rules means an Jamaa Patron or Jamaa Business Partner participating in the MelanList Loyalty Rewards Program. Your participation in the Program is expressly conditioned on your compliance with these Program Rules and with all present and future terms, regulations, policies and procedures that the Company may, in its discretion, adopt from time to time. Program terms and conditions are void where prohibited by law

BY PARTICIPATING IN THE PROGRAM OR ANY RELATED PROMOTION OR INCENTIVE, YOU ARE AGREEING FULLY AND UNCONDITIONALLY TO BE BOUND BY THESE PROGRAM RULES AND TO MELANLIST'S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROGRAM. IF YOU DO NOT WISH TO BE BOUND BY THESE PROGRAM RULES, INCLUDING MELANLIST'S PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE, AND TO COMPLY WITH ALL APPLICABLE U.S. LAWS AND REGULATIONS, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROGRAM IN ANY WAY.

MelanList has the sole discretion to interpret and apply these Program Rules, and all questions or disputes regarding these Program Rules will be resolved by MelanList in its sole discretion. Neither the Program nor any Reward or benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights in Participants against MelanList.

SPONSOR

MelanList 6595 Roswell Rd Suite G2400 Atlanta, GA 30328 ("Sponsor," "MelanList," or "Company"). Certain Rewards Program Components and other promotions or incentives may be co-sponsored by MelanList and other third parties. Those parties will be listed where applicable.

ELIGIBILITY

a. The Program is offered only to (a) person who meet challenge criteria and (b) who are at least 18 years of age at the time of entry (each an "Eligible Participant" or "Participant" or "You"). If any person is an Eligible Participant but is a minor in his/her state, province, or territory of residence, a reward may be awarded in the name of such participant's parent/legal guardian, who must complete and return to Sponsor any required documentation. Employees of MelanList or its advertising agencies, and each of their officers, directors, and agents and their immediate family or household members are not eligible to participate in the Rewards Program. All federal, state, provincial, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of participants, including, without limitation, by requiring individuals to provide valid proof of identification to claim a reward. All federal, state, provincial, and local taxes are the responsibility of the participant. Redeeming or winning a reward is contingent upon fulfilling all requirements set forth herein.

b. The Program is available to you only while you have a MelanList account that is in good standing ("MelanList Account" or "Account"). Should you terminate your MelanList Account or otherwise no longer be in good standing with MelanList, you may no longer participate in the Program and you will no longer be able to use your accumulated or pending rewards. Only individuals are eligible to participate in the Rewards Program; each individual may participate in the Program with only one MelanList Account. Participants may not earn rewards or participate in the Rewards Program with a duplicate Account.

c. You are responsible for protecting your log-in credentials. If your log-in credentials or other activation codes you use with this Site or the Services are compromised, you agree to immediately inform MelanList. Participants must not disclose log-in credentials to any third party for any reason. Each Participant is solely responsible for all activities that occur under his/her Account. MelanList is not responsible for any actions taken by individuals with access to your Account. MelanList will not be liable for any loss or damage of any kind arising from a Participant's failure to comply with the requirements of this paragraph or any Participant responsibilities under the Program Rules.,

d. You must be legally competent to enter into contracts to register with the Program.

Participation

The following terms and conditions apply to all Participants:

Rewards

Rewards are non-negotiable. Rewards accrued by a Rewards Program Participant are for the Participant's benefit only and may not be transferred to another person for any reason, including divorce or inheritance, except as expressly provided below. Rewards may not be combined with or transferred to any other type of Program offering or award. Rewards may not be pooled or combined with any other Participant's Rewards. Rewards may not be brokered, bartered, attached, pledged, gifted, sold or otherwise transferred for consideration. Any receipt or use of Rewards in violation of these Program Rules will void them completely.

The number of entries necessary to redeem a Reward or participate in a Component of the Rewards Program is determined by MelanList in its sole discretion and may be changed without prior notice to Participant at any time during the term of the Program. You may obtain the Reward by following the instructions on the website and agreeing to the redemption of that reward. Winners can only win once every 365 days. During this time, you will not be able to win again if you have already won. For example: A member who wins in Dec 2019 will not be able to win Jan 2020 due to the previous win within a 365 day period.

Participants may only redeem Rewards in accordance with these Program Rules.

Expiration

Participants must remain MelanList members to receive rewards. Reward balances are not cumulative across "Promotions” unless specifically noted. Upon termination of your MelanList account, you will forfeit all accumulated rewards. Once Rewards have been forfeited, the Rewards cannot be reinstated, but a Participant may earn new Rewards. Winners are given 14 days to contact MelanList before reward is forfeit.

Errors/Corrections/Reversal

Program Reward earnings and redemptions, as reflected in MelanList records, shall be deemed correct and MelanList reserves the right to correct or modify the Rewards amount at any time based on MelanList records and calculation of Account information. If your Account does not reflect the correct amount of Rewards that you should have been awarded as determined by MelanList, MelanList reserves the right to adjust your Rewards balance. MELANLIST ALSO RESERVES THE RIGHT TO CORRECT, MODIFY, OR REVERSE – OR CAUSE TO BE REVERSED (WITHOUT LIMITATION) – ANY REWARDS THAT ARE MISTAKENLY OR IMPROPERLY AWARDED TO YOU.

Sweepstakes

MelanList offers two forms of Sweepstakes on the Website: Single Entry Sweepstakes and Multiple Entry Sweepstakes. Unless otherwise specifically indicated, the following terms and conditions apply to all sweepstakes sponsored by MelanList on the Website:

CONSUMER DISCLOSURE: YOU HAVE NOT YET WON. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. ONCE PROMOTION ELIGIBILITY AND CRITERION HAVE BEEN MET, ADDITIONAL PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. REWARDS ARE AS SPECIFIED IN CERTAIN SWEEPSTAKES PROMOTIONS. OPEN TO ALL HOW COMPLETE CRITERIA TO ENTER AND WIN AS LISTED IN THIS AND THE COMPLETE TERMS OF SERVICE WITH ACCESS TO THE MELANLIST PLATFORM, PARTICIPATING THROUGH AUTHORIZED MELANLIST PROGRAMS, AND MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. YOU MUST HAVE ACCESS TO THE INTERNET TO ENTER.

PROMOTION PERIODS

From time to time, Sponsor will offer the opportunity to enter certain Sweepstakes promotions ("Sweepstakes") at www.melanlist.com (the "Website"). The start and end date and time for each Sweepstakes shall be clearly posted on the Website. Sponsor's clock is the official clock for each Sweepstakes. This Sweepstakes timing information and any information provided on the Website in connection with a particular Sweepstakes form a part of these Official Rules for that Sweepstakes. MelanList reserves the right to change the start and end date and time of any Sweepstakes in its sole discretion.

HOW TO ENTER A SWEEPSTAKES OR PROMOTION

After meeting promotion criteria, Members are eligible to enter into the Promotion Sponsored by MelanList. Just click on the Promotion you wish to enter and follow the instructions to do so. Alternative and or additional sweepstakes or promotions may also be offered from time to time. Details of these alternative sweepstakes, including how to enter and rewards, will be described on the Website, and/or other materials describing that sweepstakes or promotion, and may differ from the details set forth in these Program Rules. Other than to the extent that such details may differ, these Program Rules apply to all alternative sweepstakes or promotions.

REWARDS, APPROXIMATE RETAIL VALUE (*ARV*), AND ODDS OF WINNING

The duration of the particular Sweepstakes offering the Rewards and the number of Rewards shall be published for each Sweepstakes format. The odds of winning any Sweepstakes will depend on the number of Entries submitted for that Sweepstakes. Each Entry shall be equally weighted and have the same chance of winning. Approximate Retail Value varies by promotion and will be visibly listed. Each Sweepstakes shall be administered separately and the total aggregate ARV of the Rewards for each Sweepstakes shall be calculated based only on that particular Sweepstakes. Rewards shall be selected by Sponsor in its sole discretion. If you have questions regarding any Reward, please contact Sponsor at hello@melanlist.com.

RANDOM SWEEPSTAKES DRAWINGS

Within a reasonable period of time after the close of a Sweepstakes, Sponsor shall randomly draw the stated number of potential winners from all eligible Entries for that Sweepstakes. The drawing will take place at Sponsor's offices, or when applicable, the co-sponsor's offices. If your Entry is drawn, you will be deemed the potential winner of the Reward, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.

Official Rules and Winner's List

For a copy of the Official Rules, visit www.melanlist.com/cac or send a self-addressed, stamped envelope to: MelanList, 6595 Roswell Rd Suite G2400 Atlanta, GA 30328. For the identity of a reward winner, please send a self-addressed, stamped envelope to: Winners List, MelanList MelanList 6595 Roswell Rd Suite G2400 Atlanta, GA 30328 with a description of the Sweepstakes. Sponsor will only respond to winner's list requests that it receives in the thirty (30) days after the close of the applicable Sweepstakes. If you have entered a Sweepstakes, you may be able to view the winners of that Sweepstakes on the MelanList Platform.

The Black Trust Fund

You may be given the opportunity to donate your Rewards to the Black Trust Fund, a crowdfunding source for the community MelanList serves.

Participation

Communication from MelanList will inform You of the reward options and are chosen at the Company’s discretion. Participants may not donate more Rewards than they have available in their respective Accounts at the time of donation. Each time Participant makes a donation, the applicable number of Rewards will be permanently and automatically deducted from winnings to the campaign of Member’s choice.

A reward donation is not considered a charitable contribution by the United States Internal Revenue Service, and therefore is not deductible under United States tax rules and regulations.

Donation Threshold

If donations for a Black Trust Fund campaign reach a donation threshold level ("Donation Threshold") prior to the Donation Close, as determined by MelanList in its sole discretion, that donations page will close for the remainder of the donation period. Users may choose to donate to other Charity Partners that have not reached their Donation Threshold prior to the Donation Close.

Bonus Round

If all or any campaigns achieve their Donation Threshold prior to the Donation Close, MelanList may, in its sole discretion, launch a Bonus Round to benefit specific or all campaigns ("Bonus Round"). For a specified period of time, users may donate additionally. MelanList will make an additional financial donation or donations to the campaign(s), as applicable, corresponding to the dollar amount for the last Milestone achieved as of 11:59 PM ET on the last day of the specified period of time for the Bonus Round.

Notification

MelanList may notify a Participant via email when: (i) Participant makes donation to a campaign; (ii) the Campaign that Participant donated to achieves a Milestone; (iii) the Campaign that Participant donated to reaches its Donation Threshold; (iv) all Campaigns have reached their Donation Thresholds; (v) MelanList launches a Bonus Round; (vi) a Round or Bonus Round Milestone is achieved; (vii) a Round or Bonus Round is concluded; and (viii) at other relevant points in time.

To view a list of available Rewards, Coupons, or Discounts, Participants may go www.melanlist.com for more information.

Rewards provided by Third Party Providers

To use your Coupon or obtain your Discount or Reward, follow the instructions on the Reward, Coupon, or Discount, on the MelanList Website, or at the Third Party Provider’s website. Each may be subject to additional terms and conditions imposed by the participating Third Party Provider, which terms and conditions shall govern in connection with that Third Party Provider’s Reward to the extent that they differ from the Program Rules. Each Reward, Coupon, or Discount is valid only through the applicable expiration date. Acceptance of the Coupon or Discount is the sole responsibility and at the sole discretion of the participating Third Party Provider, and Coupons or Discounts for particular products, merchandise, or services are subject to availability and may be substituted for discounts for equivalent or similar products, merchandise, or services. Coupons and Discounts (i) have no cash value; (ii) may not be redeemed for cash or its equivalent; (iii) if so specified, may be redeemable only once; and (iv) if so specified, may not be combined with other manufacturer or retailer coupons, discounts, or rebates for the same product.

Unless otherwise specified, each Participant may redeem only one (1) reward during the promotion period.

There may be instances where your MelanList or other account reflects a Reward that was incorrectly or improperly awarded to you or otherwise contains or involves an error of some kind. MELANLIST RESERVES THE RIGHT TO CORRECT, MODIFY, OR REVERSE – OR CAUSE TO BE REVERSED (INCLUDING WITHOUT LIMITATION, THIRD PARTY PROGRAM , VENDOR, OR OTHER PARTNER) – ANY REWARDS THAT ARE MISTAKENLY OR IMPROPERLY AWARDED TO YOU, INCLUDING REWARDS IN CONNECTION WITH A THIRD PARTY PROGRAM.

In addition, Third Party Programs, which are not sponsored by MelanList, may be governed by separate terms and conditions, which do not apply to these Program Rules. MelanList, its subsidiaries, and affiliates are not responsible for the act or omission of any other party in connection with Third Party Programs; nor are MelanList, its subsidiaries, or affiliates liable for any losses or penalties in connection with a Third Party Program, including, but not limited to, any loss or penalty incurred if any Third Party Provider is sold, ceases to exist or becomes inoperative.

MelanList, its subsidiaries, and affiliates make no guarantees, warranties, or representations of any kind concerning any Third Party Programs, and are not responsible for Third Party Programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third Party Program, including without limitation, (i) failure or delay to fulfill Rewards, for whatever reason; (ii) loss or damage caused by Rewards supplied or requested in connection with a Third Party Program; (iii) any changes to a Third Party Program with or without notice; and/or (iv) termination of a Third Party Program, with or without notice, for whatever reason. Please feel free to contact MelanList customer support if you have any questions.

ADDITIONAL TERMS AND CONDITIONS FOR ALL REWARDS PROGRAM COMPONENTS

The following additional terms and conditions apply to all Components of the Rewards Program:

General Conditions

MelanList and its parent companies, affiliates, subsidiaries, clients, customers, partners, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing, and their respective officers, directors, employees, representatives, and agents ("Released Parties") are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. MelanList and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. A Participant's sole and exclusive remedy with respect to any claim whatsoever in connection with any Component inform MelanList at hello@melanlist.com or otherwise participate or cease participation in the Program.

Award of Rewards

If you are selected as a potential recipient of a Reward, you will be notified online or by email, telephone, or mail.

How to Claim Your Reward

To claim your Reward, you may be required to reply to Sponsor as specified and within the time period indicated in your notification, or Sponsor may, in its sole discretion, select an alternative potential recipient.

Required Documentation

Before awarding a Reward, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return any required documentation, including but not limited to, an acceptable form of identification. If requested, you must execute and return any and all documents or provide information requested by Sponsor completed in their entirety within fourteen (14) business days from the date any such documents are sent to you or such other time that MelanList specifies, and participate in any other checks or activities upon request, or your Reward may (in Sponsor's sole discretion) be forfeited.

Forfeiture of Reward

If you are found to be ineligible or otherwise not in compliance with these Program Rules, you fail to submit any required documentation, you decline to accept the Reward, Sponsor is unable to contact you, or in the event that the Reward or reward notification is returned undeliverable, you will forfeit the Reward, and Sponsor may, in its sole discretion, select an alternative potential Reward recipient from the pool of all Eligible Participants.

Delivery

Please allow 7 to 15 business days for delivery of your Reward, which, if applicable, will be mailed to the address you provided at registration. If digital reward was selected, allow 5 business days of delivery of your Reward.

Additional Terms

Sponsor will not replace any lost or stolen Rewards or components of a Reward. Only the number of Rewards stated in these Official Rules and on the Website in respect of the applicable Sweepstakes will be available to be won in that Sweepstakes. If, by reason of a print or other error, more Rewards are claimed than the number set forth in these Official Rules and on the Website in respect of a Sweepstakes, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of rewards available. Once a Reward is fulfilled, it cannot be cancelled or changed; it is completely non-refundable. There are no refunds, exchanges, replacements, conversions for currency, or credits.

To claim a Reward as part of a Sweepstakes, Members must be at least 18 years of age and a Jamaa subscriber.

Verification

EACH POTENTIAL REWARD RECIPIENT IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE REWARDS PROGRAM. AN ELIGIBLE PARTICIPANT IS NOT A WINNER OR RECIPIENT OF ANY REWARD UNLESS AND UNTIL PARTICIPANT'S ELIGIBILITY HAS BEEN VERIFIED, AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

Rewards are final; taxes are your responsibility

Unless otherwise noted at the time of redemption, all Rewards are final, cannot be returned, and will not be replaced by MelanList.

TAXES AND FEES. YOU ARE RESPONSIBLE FOR TAXES IN CONNECTION WITH ANY REWARD, COUPON, OR DISCOUNT. ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF A REWARD NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF REWARD RECIPIENTS.

Cancellation of Rewards

MelanList may, in its sole discretion with or without notice and for whatever reason, cancel any credits or unredeemed Rewards, Coupons, or Discounts upon the occurrence of any of the following: (i) the failure to redeem such Rewards, Coupons, or Discounts within (90) days after the close of the applicable plan year, (ii) the termination or cancellation of subscription in which you are enrolled) or applicable online account with MelanList, (iii) the termination or cancellation of the Third Party Program that offers the relevant credits or unredeemed Rewards, Coupons, or Discounts, and/or (iv) the expiration or termination of this Agreement, at which point all unredeemed Rewards, Coupons, or Discounts will expire.

Third Party Providers

Unless otherwise indicated, MelanList Rewards are supplied by third parties, not under the ownership or control of MelanList ("Third Party Providers"). MelanList is not responsible for the act or omission of any such Third Party Provider, nor is MelanList liable for any losses or penalties incurred if any Third Party Provider is sold, ceases to exist or becomes inoperative; or if a Reward or part of a Reward is cancelled or modified; or for acts of nature that affect any Reward. MelanList, its subsidiaries, and affiliates make no guarantees, warranties, or representations of any kind concerning any Reward, and are not responsible for Third Party Provider products or programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third Party Provider product or program, including without limitation, (i) failure or delay by the Third Party Provider to redeem Rewards or to provide any specific Rewards, for whatever reason; (ii) loss or damage caused by Rewards supplied or requested in connection with the Third Party Provider product or program; (iii) any changes to a Third Party Provider product or program with or without notice; (iv) termination of a Third Party Provider product or program, with or without notice, for whatever reason.

You agree not to make any claims against us for any matter connected in any way with a Third Party Provider product or program. You agree that your sole recourse for any and all liability in connection with a Third Party product or program will be against the third party only. By redeeming Rewards, you release MelanList and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of Rewards or other participation in the Program. Please allow 7-15 business days for the delivery of your Reward unless otherwise indicated.

Gift Cards

Gift Cards/Gift Certificates have no cash value and may not be redeemed for cash or its equivalent. Any unused portion will not be returned as cash unless a Gift Card/Gift Certificate states otherwise, or as required by law. Gift Cards/Gift Certificates are transferable unless otherwise noted on the Gift Cards/Gift Certificates. Gift Cards/Gift Certificates are void where prohibited by law. Unless otherwise stated on the Gift Card/Gift Certificate, Gift Cards/Gift Certificates for Rewards offered do not include any federal, state or local taxes, which are the Participant's sole responsibility at time of redemption. MelanList, Third Party Providers and any other participating merchants are not responsible for refunding or replacing lost, stolen or mutilated Gift Cards/Gift Certificates or tickets. Some Gift Cards/Gift Certificates or other Rewards require an additional charge for shipping and handling. If applicable, Gift Cards/Gift Certificates or Rewards do not include gratuities.

Potential Conflict

If there is any conflict between the Terms of Service and these Program Rules, the Program Rules take precedence, but only in relation to a Rewards Program. To the extent that there is a conflict between the English language version and a version of the rules in another language on this page, the English version takes precedence and shall govern.

Waiver

MelanList may waive compliance with these Rewards Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Participants. Notwithstanding the foregoing, MelanList's failure to exercise any of its rights under these Program Rules or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights.

Changes

MelanList reserves the right to change the Rewards Program, including any Component, at any time and in MelanList's sole discretion, without prior notice to Participant, including but not limited to: (i) increasing or decreasing the dollar amount of Rewards required in connection with any Component or Reward; (ii) shortening or extending a time period or changing a date in connection with any Component or Reward offering; (iii) adding or removing functionality or the platform as a whole; and (iv) any other change, without limitation.

Termination/Cancellation

With the exception of individual contests, sweepstakes, or other promotions, which shall have start and/or end dates as set forth on the Website and/or in the official rules for the individual sweepstakes, the Rewards Program has no predetermined termination date. MelanList reserves the right, in its sole discretion, without notice and at any time, to terminate, cancel or expire the Program, in whole or in part, or an individual Participant's Participation in the Program, with or without cause. "Termination" shall be defined as ending the Program, with no further ability to earn Coins and/or redeem Rewards by any Participant in the Program; the Program has not been terminated if a replacement/successor program is made available to the Program Participants that offers the Participants a reasonable means to earn Coins and redeem Rewards. "Cancellation" shall be defined as the expiration or revocation of an individual Participant's eligibility to Participate, for any reason, with or without cause. Termination and Cancellation may result from violation of any of the terms and conditions of this Agreement and/or fraudulent or unauthorized use of the Participant's Account. All accrued Rewards will expire upon the date of Termination, Cancellation or expiration of Participant's Account or the Rewards Programs.

Disclaimer of Warranties

The Program and the MelanList Platform are provided on an "as is" basis. MelanList disclaims any and all representations and warranties, express or implied, with respect to any information, services and commercial offerings, including without limitation any warranties of merchantability, title, non-infringement, and/or accuracy of information provided with respect to any Rewards, the Program, and the MelanList Platform. MelanList further disclaims any warranties that the Program or the MelanList platform will be free from computer viruses or without technical glitches, including without limitation for any failure of performance, interruption, delay or defect. MelanList does not offer any warranty with respect to the results obtained from participating in the Program, nor as to the accuracy, reliability or content of any information, service or offerings provided through the Program or the MelanList platform. MelanList does not warrant that the Program or MelanList Platform will be uninterrupted or error free, nor does MelanList make any warranty with respect to the results obtained from participating in the use of the Program or MelanList Platform, or as to the accuracy, reliability or content of any information, service or offerings provided through either.

CAUTION AND WARNING

ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPONENT OF THE REWARDS PROGRAM OR THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, OR IN THE EVENT PARTICIPANT FAILS TO FOLLOW ANY TERMS OF THE PROGRAM OR MAKES ANY MISREPRESENTATIONS IN CONNECTION WITH THE PROGRAM, MELANLIST RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

MelanList reserves the right to revoke, cancel or suspend participation in the Program, or any Component of the Program, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Participant if Company believes the Participant has: (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Rewards Program; (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, or MelanList or its employees, or any other Participant; (5) if Company's provision of the Rewards Program and/or any associated benefits (including but not limited to Rewards) is determined by Company to violate any applicable law to which Company is subject; or (6) for any other reason at MelanList's sole discretion.

MODIFICATION OF PROGRAM RULES

From time to time, MelanList may, in its sole discretion, change these Program Rules or upgrade, enhance, change and/or modify the Program components, including by discontinuing a Program or any aspect or feature thereof (collectively, "Modifications"). You agree that a notice of any changes by email or by means of notice on this Site is sufficient for the changes to become effective. Participant acknowledges that MelanList has the right to change, update, revise, limit, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on Participant's use of the Account, at any time, at its discretion, with or without notice, even though such changes may affect the value of Rewards or the ability to obtain Rewards. MelanList may, among other things: (i) increase or decrease the number and amout of Rewards required for a Reward; (ii) withdraw, limit, modify or cancel any Reward; (iii) restrict the continued availability of Rewards; (iv) change Program benefits, Rewards partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting Rewards, or rules governing the use of Rewards; and/or (v) change or cancel its Rewards partners. Participants may not rely upon the continued availability of any Reward.

Changes to these Program Rules will be reflected in an updated version of these Program Rules that will be posted on the Site, and You agree that all changes will be effective upon such posting. You agree to regularly review these Program Rules so that you will be apprised of all changes. You can determine when these Program Rules were last revised by referring to the "LAST UPDATED" part of these Program Rules. By continuing to use the Site or any Program or Service after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications and revised Program Rules.

LIMITATION OF LIABILITY AND RELEASE

BY PARTICIPATING IN THE PROGRAM, OR RECEIVING ANY REWARD, YOU, AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE:

(A) TO BE BOUND BY THESE PROGRAM RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR, WHICH SHALL BE BINDING AND FINAL;

(B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS;

(C) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST MELANLIST AND THE RELEASED PARTIES IN CONNECTION WITH THE WEBSITE, THE REWARDS PROGRAM, OR ANY REWARDS PROGRAM COMPONENT, INCLUDING ANY REWARD; AND

(D) TO FOREVER AND IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE WEBSITE, THE REWARDS PROGRAM, ANY REWARDS PROGRAM COMPONENT, OR ANY ACTIVITIES IN CONNECTION WITH THE WEBSITE OR REWARDS PROGRAM, OR ANY REWARD, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE REWARDS PROGRAM OR OTHER ACTIVITY, (II) TYPOGRAPHICAL, PRINTING, AND OTHER ERRORS IN THESE PROGRAM RULES OR ANY REWARDS PROGRAM MATERIALS, (III) ANY CHANGE IN ANY REWARD (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND MELANLIST'S CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE REWARDS PROGRAM OR ANY REWARDS PROGRAM COMPONENT, (V) HUMAN ERROR, (VI) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY ENTRY, (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER SYSTEM, COMPUTER ONLINE SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY MELANLIST, ANY OF THE RELEASED PARTIES OR BY YOU, (VIII) INTERRUPTION OR INABILITY TO ACCESS THE WEBSITE OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (IX) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, (X) ANY LATE, LOST, STOLEN, MUTILATED, MISDIRECTED, ILLEGIBLE, DELAYED, GARBLED, CORRUPTED, DESTROYED, INCOMPLETE, UNDELIVERABLE OR DAMAGED REWARDS PROGRAM SUBMISSIONS, (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY THIRD PARTY, (XII) LOST, LATE, STOLEN, INCORRECT, MISDIRECTED, DAMAGED OR DESTROYED REWARDS (OR ANY ELEMENT THEREOF), OR (XIII) THE NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR OF ANY THIRD PARTY.

MELANLIST AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE REWARDS PROGRAM, IN ANY ACTIVITY, MISSION OR CHALLENGE AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING IN ANY MISSION, CHALLENGE, OR THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

DAMAGES EXCLUSION

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE REWARDS PROGRAM, OR YOUR RECEIPT OR USE OF A REWARD, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU OR ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS REWARDS PROGRAM, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF A REWARD (OR ITS USE), ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS REWARDS PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SUCH SITE. MELANLIST DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THE WEBSITE. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations.

RESOLVING DISPUTES

OUR TERMS OF SERVICE INCLUDE A DISPUTE RESOLUTION PROVISION TO WHICH YOU MAY HAVE ALREADY AGREED. THAT DISPUTE RESOLUTION PROVISION APPLIES TO YOUR PARTICIPATION IN OUR REWARDS PROGRAM, AND YOUR CONTINUED PARTICIPATION IN THE REWARDS PROGRAM CONSTITUTES FURTHER AGREEMENT TO THAT PROVISION. THEREFORE, PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Let's Try To Sort Things Out First

We want to address your concerns without needing a formal legal case. Before filing a claim against MelanList, you agree to try to resolve the dispute informally by contacting hello@melanlist.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission - and only then - you or MelanList may bring a formal arbitration proceeding as described below.

Both Agree To Arbitrate

You and MelanList agree to resolve through final and binding arbitration any claims relating to the Rewards Program, these Program Rules, the Site’s Terms of Service, the Site, the Services, and any rewards or incentives offered on or through the Site, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in Washington, DC, and you and MelanList agree to submit to the personal jurisdiction of any state or federal court in Washington, DC to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrator.

Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by sending a letter to MelanList that must be postmarked within 30 days of your first participation in the Rewards Program or any related promotion or incentive. The letter must specify your first and last names, MelanList User email address, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to MelanList 6595 Roswell Rd Suite G2400 Atlanta, GA 30328.We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.

Arbitration and Attorney's Fees

The decision of the arbitrator will be in writing and binding and conclusive on Sponsor and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. MelanList and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Program Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, MelanList and you agree not to seek attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for any improper purpose. MelanList and you understand that, absent this mandatory arbitration provision, MelanList and you would have the right to sue in court and have a jury trial. MelanList and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If MelanList is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to MelanList. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, MelanList and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of MelanList to the extent that any such claims arise out of your access to or participation in the Rewards Program or any component of the Rewards Program or other promotion or incentive run in connection with any Reward.

Exceptions to Agreement to Arbitrate

Either you or MelanList may assert claims, if they qualify, in small claims court in the state of Georgia or any other U.S. county, in which MelanList has a principal business address, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

You may only resolve disputes with us on an individual basis,and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MELANLIST AND THE RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION TO THE EXTENT THAT YOU PARTICIPATE IN A REWARDS PROGRAM.

Judicial Forum for Disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and MelanList agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the Georgia. Both you and MelanList consent to venue and personal jurisdiction there.

Choice of Law

You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state or provincial law concerning arbitration. You otherwise agree that the law of the Georgia governs these Official Rules and any claim or dispute that you may have against us, without regard to Georgia's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

MelanList members have two (2) choices of membership: Patron and Business Partner. You may log in to www.melanlist.com and check your Orders to confirm which Subscription You currently have. You may learn about the various benefits offered in each Plan by visiting www.melanlist.com. The benefits of Your MelanList Member subscription are available only while Your Subscription is active and Your MelanList account is in good standing. MelanList reserves the right to modify the Subscription at any time and in its sole discretion.

Available globally. Void where prohibited.

Members can manage or cancel your membership at any time. Payments for membership are non-refundable. Following cancellation, you will continue to have access to the service through the end of your current billing period. Membership in the Service is void where prohibited.

MelanList does not guarantee the performance of any Business Partner or the accuracy of information provided regarding a Business Partner, and disclaims any responsibility for claim, loss, or liability as a result of a Business Partner’s acts or omissions.

Membership Fee

MelanList will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for one term of Your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. For questions, email Team MelanList at hello@melanlist.com

You acknowledge that MelanList reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, Stripe, or other money exchange applications.

Automatic Renewal

If You have paid membership, MelanList will automatically renew Your membership for the frequency selected in Your order (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with MelanList. Such renewal payment will take place on or about Your Renewal Date. Your membership will continue, and Your payment method will be charged, the Membership Fee until You cancel the Plan, which You may do at any time.

If the payment processing for the renewal of Your Subscription fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by MelanList). Except as otherwise required by applicable law, You agree that MelanList will not provide You with any notices prior to each renewal payment.

Confidentiality

Member records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer(s) and if legally required to do so to the appropriate authorities. Members have the right to request sight of, and copies of any and all Member Records we keep, on the proviso that we are given reasonable notice of such a request and the request is deemed reasonable and relevant by The Company. Members are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Member’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

Conduct

In connection with Your use of the Service, You represent and warrant that You:

1. are at or above the age of eighteen (18);

2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;

3. will not engage in communication that may be considered by MelanList to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;

4. will submit thorough and thoughtful recommendations of the Business Partners You review (for example, submitting a review describing a service as “It was okay.” without additional commentary is not a winning review).

5. will not submit reviews that comment on other users or the reviews of other users;

6. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with MelanList, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

7. will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;

8. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);

9. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

10. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;

11. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

12. will not use the Service in any way that could interfere with the rights of MelanList or the rights of other users of the Service;

13. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to MelanList in connection with the Service;

14. agree not to re-sell or assign Your rights or obligations under this Agreement;

15. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;

16. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of MelanList, which consent may be withheld by MelanList in our discretion;

17. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;

18. agree not to create an account or use MelanList services if Your account previously has been terminated by MelanList or if You previously have been banned from using the services; and

19. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, MelanList personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

The recommendations that You provide do not reflect the views of MelanList, its officers, managers, owners, employees, agents, designees or other users. In addition, MelanList retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. MelanList may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, MelanList may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.