PerkStreet Disclosures

Website Policy

Notice

Please carefully review the following Terms and Conditions for Use of this web site ("Terms and Conditions"). In these Terms and Conditions, "we," "us," "our" and "PerkStreet" all refer to PerkStreet Financial. By accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.

Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. The information contained in this web site is not intended to provide any specific legal, accounting, financial, or tax advice to individuals or entities, and shouldn't be relied on or used for any such purposes. Downloading, printing or copying from this web site must be for noncommercial, personal use only.

Copyright Information

Content in the pages, in the screens displaying the pages, and in the information, materials and other content contained in the site is owned by PerkStreet Financial unless otherwise indicated and is protected by United States and international copyright laws and treaties. The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to created a derivative work, sold, or otherwise used for public or commercial purposes without the express written consent of PerkStreet.

Trademarks Belonging to PerkStreet Financial and Others

PerkStreet is a trademark of PerkStreet Financial. Unauthorized use of any logos and/or name or trade names belonging to PerkStreet Financial or any of its affiliates or subsidiaries is prohibited. Certain graphics, logos, icons, designs, words, titles or phrases contained in this web site may constitute trade names, trademarks or service marks of PerkStreet Financial or others. Trademarks may be registered in the United States and in other countries as applicable. The display of trademarks on the pages of this web site does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of law, and could subject the copier to legal action.

Amazon, Amazon.com, Amazon MP3, the Amazon MP3 logo and the Amazon.com logo are trademarks of Amazon.com, Inc. or its affiliates. iTunes® and iTunes Logo® are registered trademarks of Apple Inc. BEST BUY, the BEST BUY logo and the tag designs are trademarks of BBY Solutions, Inc. Bruegger’s and the Bruegger’s logo are trademarks of © Bruegger’s Enterprises, Inc. The Dunkin’ Donuts trademarks/ trade dress are owned by DD IP Holder LLC. Used under license. GAP, Inc. and the GAP logo are trademarks of © GAP, Inc. Peet’s and the Peet’s logo are trademarks of © Peet’s Coffee & Tea, Inc. Rhapsody and the Rhapsody logo are trademarks of © RealNetworks, Inc. Starbucks, the Starbucks logo and the Starbucks Card design are either trademarks or registered trademarks of Starbucks U.S. Brands, LLC. The Bullseye Design and Target are registered trademarks and Target GiftCard is a service mark of Target Brands, Inc. All rights reserved. Ticketmaster and the Ticketmaster logo are trademarks of Ticketmaster Entertainment, Inc.

Links

Please note that once you leave this web site, PerkStreet Financial accepts no responsibility for the content, products, services or privacy policies of non-PerkStreet web sites. Links to other web sites or references to products, services or publications other than those of PerkStreet Financial don't imply the endorsement or approval of such web sites, products, services or publications by PerkStreet Financial.

Warranty Disclaimer

The information contained in this site, including texts, graphics,, links, or other items are provided “as is.”. Neither PerkStreet nor its suppliers warrant the availiability, accuracy, adequacy, completeness or timeliness of the information, materials, products, and services accessed on or through the site and expressly disclaims liability for errors or omissions in the information or materials accessed on or through the site. No warranty of any kind, whether implied or express, including but not limited to the warranties of non-infringement, title, merchantability, fitness for a particular purpose and freedom from computer virus is given in conjunction with the information, materials, products, or services.

Governing Law and Jurisdiction

You agree that your use of the site shall be governed by all applicable Federal laws and the laws of the State of Delaware without giving effect to any principles of conflicts of law. You expressly agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Wilmington in the State of Delaware.

Limitation of Liability

In no event will PerkStreet be liable for any damages, including without limitation direct or indirect, special incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PerkStreet, or representatives thereof, are advised of the possibility of such damages, losses, or expenses.

Questions?

If you have any questions, or would like additional information, you may contact PerkStreet Financial by email at support@myperkstreet.com, by telephone at 866.792.2834 or write to Customer Service Center at 409 Silverside Road, Suite 105, Wilmington, DE, 19809.

Revised 9/08/09

PerkStreet Rewards Program Agreement

1. Introduction

This agreement sets forth the terms and conditions that govern the PerkStreet Rewards Program (the “Rewards Program”). By establishing a PerkStreet checking account with our banking partner (the “PerkStreet Checking Account), you are automatically eligible for and become a member of the Rewards Program. By maintaining your PerkStreet Checking Account and becoming a member of the Rewards Program, you agree to the terms and conditions in this agreement.

2. Defined Terms

“You” and “your” refers to the customer or customers in whose name or names the PerkStreet Checking Account is listed. “We,” “us” and “our” refers to PerkStreet Financial, Inc. “Perks Account” refers to your PerkStreet rewards account. “Perks” refers to the rewards you have accumulated by making Qualifying Purchases (as defined below) with your PerkStreet Financial Debit MasterCard^® (the “PerkStreet Card”). “Perks Website” refers to https://rewards.perkstreet.com, which can only be accessed by going to https://www.myperkstreet.com, signing into your PerkStreet Checking Account, and clicking on “My Rewards.” “Perks Merchants” refers to merchants listed on the Perks Website. “Coffee Perks Merchants” refers to Perks Merchants listed on the Perks Website as participating in the Coffee Program, as defined below. “Music Perks Merchants” refers to the Perks Merchants listed on the Perks Website as participating in the Music Program, as defined below.

3. Eligibility

You may only open a PerkStreet Checking Account and have a Perks Account if you are a natural person using the PerkStreet Checking Account for personal, family or household purposes. You will only earn Perks on your PerkStreet Card purchases as long as we, in our sole discretion, determine that your PerkStreet Checking Account is in good standing and is eligible for participation in the Rewards Program. An ineligible PerkStreet Checking Account includes, without limitation, a PerkStreet Checking Account that is frozen, restricted, closed, terminated, expired, inactive or dormant, is subject to litigation or any adverse (or conflicting) claim of any third party, or has a negative balance. In the event of fraud or abuse of the Rewards Program privileges or violation of this agreement (including any attempt to sell, exchange or otherwise transfer Perks), we reserve the right to cancel your membership in the Rewards Program.

4. Perks Account Owners

Multiple PerkStreet Cards issued in connection with the same PerkStreet Checking Account will share the same Perks Account. Any person with signature authority on a PerkStreet Checking Account may redeem Perks, regardless of who earned the Perks. We are not responsible for and have no duty, obligation or liability regarding any disputes involving joint PerkStreet Checking Account holders or authorized users of the PerkStreet Card relating to Perks Account ownership, participation in or redemption of rewards under the Rewards Program.

5. Qualifying Purchases

You earn Perks by making Qualifying Purchases with your PerkStreet Card. “Qualifying Purchases” include:

• Purchases you sign for (purchases using your PIN code do not earn points)
• Internet purchases
• Phone and mail order purchases
• Contactless purchases (purchases made by holding your PerkStreet Card up to a secure reader instead of swiping your PerkStreet Card)

You cannot purchase Perks.

Any goods or services purchased with the PerkStreet Card that are returned or otherwise credited to your account are not Qualifying Purchases.

Purchases of currency, cash or cash equivalents are not Qualifying Purchases and includes, without limitation, currency from the U.S. Mint, travelers cheques, gift cards, prepaid debit cards or other cash equivalents. We may require you to provide documentation to validate that purchases are Qualifying Purchases.

We reserve the right to exclude Qualifying Purchases that we determine are not made for your personal, family or household purposes or are not made with the good faith intention of your consuming the item purchased.

6. Choosing a Perks Program

When you first sign up for a Perks Account, you must select a “Perks Program” described in section 8. You can change your Perks Program at any point in the future.

7. How You Redeem

Logging into the Perks Website will allow you to access your Perks Account. We have partnered with a variety of Perk Merchants to offer you choices in redeeming your Perks. We may add or remove Perks Merchants in our sole discretion. When you redeem Perks, we will load credits onto gift cards or your account at a Perks Merchant of your choice. Depending on the Perks Program you have selected and the Perks Merchant you select for redeeming your Perks, we may offer these credits via a variety of methods and at varying redemption thresholds, which we may change in our sole discretion. Information regarding the redemption thresholds and the method of redemption is available on the Perks Website. You cannot transfer or sell Perks, and all Perks must be redeemed by you.

8. Perks Programs

Currently, there are three Perks Programs from which you may choose: the Coffee Program, the Music Program or the Cash Back Program. We may add or remove Perks Programs in our sole discretion.

9. Perks Accrual

The amount and type of Perks earned are based on the Perks Program in which you are enrolled at the time we post Perks to your Perks Account. We will post Perks to your Perks Account periodically. The frequency with which we post Perks to your Perks Account is in our discretion and subject to change without notice. You are only able to redeem Perks in whole units. The Perks Website will show your accrued Perks but will only reflect whole units of Perks, so any partial progress towards earning your next Perk will not be shown.

10. Switching Perks Programs

You may switch Perks Programs at any time by going to the Perks Website and selecting one of the available Perks Programs. There is no penalty to switch between Perks Programs. Your accumulated Perks will be switched over to the Perks for the new Perks Program, based on the ratio of the credit upon redemption of the old Perks to the new Perks. For example, 10 cups of coffee would be converted to 20 songs. Partial progress towards earning your next Perk will also be converted. We reserve the right to deny a request to switch Perks Programs if we determine, in our sole discretion, that such switches could be fraudulent or that there have been an excessive number of switches.

11. Expiration

Your Perks are valid until the end of the 36th month after the month in which they are posted to your Perks Account. Perks Accounts that are closed with a positive Perks balance will have the remaining balance forfeited at the time of closure. Perks will expire and be redeemed on a first in, first out basis.

12. Account Reversals

You earn rewards based on the Qualifying Purchases that you make with your PerkStreet Card. If you receive a credit to your PerkStreet Checking Account for any portion of a Qualifying Purchase, we will deduct an equal amount of Perks from your Perks Account that you earned by making the original Qualifying Purchases. In the event that this reversal results in your Perks Account having a negative balance, you agree that we may deduct from your PerkStreet Checking Account an amount equal to the credit you would otherwise receive upon redeeming the number of Perks by which your account is negative.

13. Perks Forfeiture

If your PerkStreet Checking Account is closed for any reason, your Perks Account will also be closed, and any Perks in the Perks Account will be forfeited. Your Perks may also be forfeited if your PerkStreet Checking Account becomes ineligible in accordance with section 3 for any reason. If your PerkStreet Checking Account balance is $0 or less, you will not be able to redeem Perks until such time as you make additional deposits to bring your account balance positive. You agree to forfeit all Perks earned over the life of the Perks Account if we determine in our sole discretion that the Perks that have been earned were the result of fraud, abuse of Rewards Program privileges or violation of this agreement.

14. Bonus Perks

From time to time we may make announcements about special deals where you can earn up to 5% cash back for making Qualifying Purchases. We will communicate the specifics of these Bonus Offers via our blog (http://blog.perkstreet.com), Twitter (@perkstreet), our Facebook page (http://www.facebook.com/perkstreet) or other company communications.

The amount of Bonus Perks you can earn is limited to $250 per household annually (starting on the day your account was opened). This limit applies only to the amount you can earn in Bonus Perks. Your standard cash back earning from Qualifying Purchases is unlimited.

15. Qualifying Purchases Eligibility.

In certain instances the purchase information sent to us may not classify a non-PIN purchase you have made as a Qualifying Purchase, due to how the merchant processes the transaction. When this occurs you must notify us and we will make adjustments where necessary. We use data supplied by merchants and/or payment networks to determine Qualifying Purchases. Occasionally, this data will not be sufficient to make an appropriate determination on bonus eligibility. If that is the case, you can send us an image of the receipt for the Qualifying Purchases in an email addressed to PerksIssues@perkstreet.com or in a fax to (888) 737-5749. Please include your name, address and the last four (4) digits of your PerkStreet Card number in the email or fax. We will investigate your request and notify you with our decision. We will evaluate requests on a case by case basis and all decisions by us are final.

16. General

The Rewards Program and its benefits are offered at our sole discretion. We reserve the right to cancel, terminate, change or temporarily suspend the Rewards Program and to amend this agreement at any time without notice. Cancellation, change or suspension of the Rewards Program may result in the forfeiture of earned Perks, in our discretion. We may modify the Rewards Program and this agreement in any manner we choose, including without limitation, making changes that reduce or eliminate Perks earned; that modify the formula used to calculate how Perks are earned, that change or eliminate Perks Programs, that change or eliminate Perks Merchants, or that institute new fees, such as for membership in the Rewards Program or for redemption of Perks. The Rewards Program is void where prohibited by federal, state or local law. This agreement is governed by Delaware law. You are responsible for any tax liability related to participation in the Rewards Program or as a result of Perks earned or redeemed.

17. Severability

In the event any provision of this agreement is deemed to be void, invalid, or unenforceable that provision shall be severed from the remainder of this agreement so as not to cause the invalidity or unenforceability of the remainder of this agreement. All remaining provisions of this agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.

18. Limitation of Liability

Neither we nor or any other entity associated with the Rewards Program, shall have any liability arising from, or related to, the Rewards Program. You and every other beneficiary of the Rewards Program release, discharge, and hold harmless us and any other entity associated with the Rewards Program and each of our respective subsidiaries, affiliates, employees, officers, directors, successors and assigns from all claims, damages or liability, including but not limited to physical injury or death, arising out of participation in the Rewards Program. If you are denied a benefit of the Rewards Program to which you are entitled, our liability shall be limited to your earned portion of the value of the benefit. Neither we nor any other entity associated with the Rewards Program shall have any liability arising from, or related to, the rewards of the Rewards Program, except as expressly stated herein.

Neither we nor our banking partner is responsible for the terms and conditions imposed by Perks Merchants or other suppliers of gift cards or credits. Neither we nor any Perks Merchant is responsible for replacing lost, stolen or expired gift cards. Gift cards and credits are not refundable or exchangeable or redeemable for cash and may not be sold. Gift cards and credits are valid only at participating suppliers through their expiration date. Delivery of a gift card will be made by first class mail. Please allow 2-3 weeks from the time of your request. We are not responsible for gift cards that are not received. Gift cards are void where prohibited by law. Gift card rewards and credits will not be personalized and are transferrable to any person. Gift card rewards cannot be replaced or refunded if lost or stolen or if a merchant fails to honor them or goes out of business. Once you redeem Perks for a reward, neither we nor our banking partner is responsible for the merchant’s failure to honor the gift card or credit. Mechanical reproductions, copies or facsimiles of a gift card will not be accepted. Additional terms and conditions imposed by the merchant or retailer will also apply.

Perks Merchants and any other suppliers of rewards are independent contractors and are not our agents or the agents of our banking partner. We expressly disclaim any implied warranties of merchantability of fitness for a particular purpose with respect to any rewards.