Sycuan Market Rewards Mobile Application Privacy Policy Sycuan Market Rewards Mobile Application Privacy Policy Last Updated March 18, 2024 Please read the following Privacy Policy to learn about how information is collected, used, disclosed, and protected by Sycuan Tribal Development Corporation (“STDC,” “we” or “us”) when you create an account, or access and use our websites, or other online or mobile services or applications (collectively, the “Services”) or otherwise interact with us. By using the Services, you are consenting to the terms of this Privacy Policy and the ways STDC collects, uses, and shares your Personal Information (as detailed below). Additionally, by using our Services, you expressly and unconditionally release and hold harmless STDC, the Sycuan Market, the Sycuan Band of the Kumeyaay Nation, and its subsidiaries, affiliates, Tribal Council, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the collection, use, or misuse of your Personal Information. If you do not consent to the terms of this Privacy Policy, please immediately cease use of our Services. Personal Information Collected Personal Information You Provide to Us. We collect personal information you provide directly to us, including but not limited to, your first and last name, date of birth, email address, and any other information you choose to provide. Personal Information We Collect When You Use Our Services. We automatically collect information about you when you use our Services. For example, we may collect: Transaction Information: When you use our Services, we may collect information about your transaction or order, including but not limited to the transaction amount, date, time, and location. Location Information: In accordance with your device permissions, we may collect information about the location of your device each time you access or use our Services. Log Information: When you visit our websites, some information is automatically logged, such as your Internet Protocol (“IP”) address, access times, browser type, language, and the page you visited before navigating to our websites. Information Collected by Cookies: We use various technologies to collect information, and this may include placing cookies on your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory by a website. Among other things, cookies help us improve our Services and your experience, see which areas and features are popular, and count visits to our Services. Information Collected by Web Beacons: We may collect information using web beacons. Web beacons are electronic images that may be used on our websites or in our emails. We may use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and to tell if an email has been opened and acted upon. Personal Information We Collect from Other Sources. We may also obtain personal information from other sources and link or combine it with the information we collect from you. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site. Personal Information We Derive. We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address. Use of Personal Information We use the personal information we collect for purposes described in this Privacy Policy or as otherwise disclosed to you. For example, we may use personal information to: operate and improve our Services, provide and deliver products and services to you and send related information, including confirmations, notices, updates, alerts, surveys, support, and administrative messages; monitor and analyze trends, usage, and activities in connection with our Services; personalize the Services and provide advertisements, content, and features that are targeted toward your interests; display advertisements that are targeted toward your interests (see “Third-Party Advertising and Analytics Services” below for details); respond to your comments and questions and provide customer service; communicate with you about contests, sweepstakes, promotions, rewards, upcoming events and other news and information about products and services offered by STDC and other companies; process and deliver contest, sweepstakes, and promotion entries and rewards; detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of STDC and others; comply with applicable legal and regulatory obligations; link or combine with information we collect from third parties to help understand your needs and provide you with better service; and carry out any other purpose disclosed to you at the time the information was collected. Sharing of Personal Information We may share personal information as follows: with any current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; with third-party vendors, consultants and other service providers who perform a variety of functions on behalf of STDC, including filling orders, assisting with promotions, and providing technical services for us. These companies may have access to information about you as needed to perform such functions; however, they agree to use such information only for the purpose of performing these functions; with third parties, including law enforcement, to detect, investigate, and prevent fraudulent activities or any action that is inconsistent with our user agreements or policies, and/or to protect the rights, property and safety of STDC, our affiliated companies and others; in response to a request for information if we believe disclosure is in accordance with, or otherwise required by, any applicable law, regulation or legal process; in connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company; and with your consent or at your direction. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. By accessing or using our Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the United States and other countries. Security STDC takes commercially reasonable steps to protect and secure information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Third-Party Links This Privacy Policy does not apply to the practices of companies that STDC does not own or control or to people that STDC does not employ or manage. Some of the sites linked to by the Services are developed by people over whom STDC exercises no control. These other sites may place their own cookies on your computer, collect data and/or solicit information from you. STDC does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose information to others. For more information about each such third party, please refer to the third party’s privacy policy. Our Services may allow you to access Google Maps. Please note that when you use Google Maps, you are subject to Google’s privacy policy (available at the time of publication at http://www.google.com/policies/privacy/), as amended by Google from time to time. Our Services on iOS allow you to access Apple Maps. Please note that when you use Apple Maps, you are subject to Apple’s Terms of Service (available at the time of publication at https://www.apple.com/legal/privacy/data/en/apple-maps/), as amended by Apple from time to time. Third-Party Advertising and Analytics Services We may allow others to serve advertisements on our behalf and to provide analytics services. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by STDC and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activities. We may also work with third parties to serve ads to you as part of a customized campaign on third-party platforms (such as Facebook or Instagram). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads. Your Choices Promotional Communications. You may opt out of receiving promotional emails and text messages from STDC by following the instructions in those communications. If you opt out, we may still send you non-promotional emails related to your account or our ongoing business relations. Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and/or reject cookies. If you choose to remove or reject cookies, this could affect certain features of our Services. Location Information. When you first launch any of our mobile applications or visit one of the pages on our website that collect location information, you will be asked to consent to the collection of location information. If you initially consent to our collection of location information, you can later stop this collection by changing the settings on your mobile device or Internet browser. If you do so, certain features of our Services will no longer function. You can also stop our collection of location information by our mobile applications by following the standard uninstall process and removing all STDC applications from your mobile device. Mobile Push Notifications/Alerts. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can elect to stop receiving these messages at any time by changing the notification settings on your mobile device. Ability to Edit and Delete Account Information. While logged into your registered account, you can edit your account information, including communication preferences, at any time. You may also delete your account at any time within the mobile application, by visiting us in-store, or by contacting us via email at marketrewardssupport@sycuanmarket.com or by phone at 619-445-4564. Sale of Personal Information. STDC values your privacy and does not sell your personal information to third parties in exchange for money. However, STDC does share this information as described in “Use of Personal Information” and in “Third-Party Advertising and Analytics Services”. We may allow our advertising partners to use cookies and other technologies to collect identifiers, commercial information, and internet or other electronic network activity information in order to show advertisements that are targeted to your interests. Retention Personal information we collect may be retained for as long as needed to fulfill legitimate business purposes, including the purposes outlined in “Use of Personal Information” and “Sharing of Personal Information” sections, or for a time period specifically required or allowed by applicable regulations or laws. MinorsDisclaimers THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STDC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON‐INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THUS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. STDC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR‐FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. Limitation of Liability NEITHER STDC NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES. WE ARE NOT LIABLE FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THIRD-PARTY COMPANIES, PROMOTIONAL PARTNERS OR VENDORS. ADDITIONALLY, WE ARE NOT LIABLE FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND RESULTING FROM OR IN CONNECTION WITH YOUR ELECTRONIC DEVICES WHILE COMMUNICATING WITH US. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. STDC, AS A WHOLLY OWNED ENTITY OF A FEDERALLY-RECOGNIZED INDIAN TRIBE IS AN ARM OF THE SYCUAN BAND OF THE KUMEYAAY NATION, AND IS CLOAKED WITH, AND COEXTENSIVELY SHARES THE TRIBE’S SOVEREIGN IMMUNITY FROM UNCONSENTED SUIT, WHICH IS EXPRESSLY ASSERTED HEREIN. Changes to this Privacy Policy STDC will occasionally update this Privacy Policy as our business and products evolve. If we make changes, we will provide notice of such changes by revising the date at the top of this Privacy Policy and, in some cases, we may provide you with more prominent notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review this Privacy Policy from time to time to stay informed about our information practices and the ways you can help protect your privacy. If you have questions, concerns or suggestions, please visit us in-store or contact us via email at marketrewardssupport@sycuanmarket.com or by phone at 619-445-4564. Sycuan Market Rewards Mobile Application Terms and Conditions of Use Last Updated March 18, 2024 PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR MOBILE APPLICATION YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITE, MOBILE APPLICATION, OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS. These Terms and Conditions of Use (“Terms of Use”) govern the relationship between Sycuan Tribal Development Corporation (“STDC,” “we,” or “us”) and you with respect to creating an account, or your use of our website, mobile application, and other online or mobile services (collectively, the “Services”). We reserve the right to change or modify the Terms of Use at any time and in our sole discretion. If we make changes to the Terms of Use, we will provide you with notice of such changes, such as by providing notice through the Services or updating the “Last Updated” date at the top of these Terms of Use. By continuing to use the Services after such notice is provided, you confirm your acceptance of the modified Terms of Use. If you do not agree to the modified Terms of Use, you must stop using our Services. 1. ELIGIBILITY, REGISTRATION, AND ACCOUNTS. You must be 18 years or older to use our Services. You represent and warrant that you have full power and authority to agree to these Terms of Use and that, in doing so, you will not violate any other agreement to which you are a party nor any applicable law or regulation. In order to use some features of the Services, including the Sycuan Market Loyalty Program and promotions, you will need to register for an account. To register for an account, please visit us at the Sycuan Market and ask the cashier or staff for assistance in signing up. You must provide certain information about yourself, including, without limitation, your name, date of birth, and email address (“User Data”), and you must select a password. You acknowledge and agree that STDC will collect and store your User Data and that it may be used and shared in accordance with our Privacy Policy [hyper link]. You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify STDC if you discover or otherwise suspect any security breaches related to the Services. You are solely responsible for the use of your account credentials and for all orders placed when using your account. You agree to, and release STDC from any liability in connection with, these activities. We reserve the right to suspend or terminate your account or ability to use our Services at any time, with or without notice to you. You may close your account at any time within the Sycuan Market Rewards mobile application, by visiting us in-store, or by contacting us via email at marketrewardssupport@sycuanmarket.com or by phone at 619-445-4564. 2. PRIVACY POLICY Please read our Privacy Policy [hyper link] for information about how STDC collects, uses, and discloses information about you. 3. LOYALTY PROGRAM, REWARD POINTS, AND PROMOTIONS By signing up for an account, you are automatically enrolled in the Sycuan Market Loyalty Program (“Loyalty Program”). Sycuan Market Loyalty Program is a customer loyalty program that offers participants the ability to earn points with all qualifying purchases at Sycuan Market and Sycuan Square, excluding alcohol and tobacco. Participants can earn four (4) points (“Points”) for every whole $1 spent on purchases of qualifying products, excluding alcohol, tobacco, and fuel. For each full gallon of fuel purchased, participants can earn ten (10) Points. STDC has the sole right and discretion to make the final decision on whether a purchase qualifies for earning Points under the Loyalty Program. It is the participant’s responsibility to properly insert or scan their Loyalty Program card at the fuel pump or present their Loyalty Program card to a Sycuan Market cashier before paying. Processing of posting Points to a participant’s account is usually immediate but may take up to forty-eight (48) hours from the time the purchase was made and received by STDC. Participants are responsible for ensuring that their Points are properly credited. If proper credit does not appear on the participant’s activity statement, the participant should visit us in-store or contact us via email at marketrewardssupport@sycuanmarket.com or by phone at 619-445-4564. No adjustments to a participant’s account will be made after fifteen (15) days from the actual purchase date, except at STDC’s sole and absolute discretion. Points subsequently determined, in the sole discretion of STDC, to be invalid, will be removed from a participant’s Points accumulation total. Points calculations are based upon the net purchase amount paid for the qualifying products spent at checkout which does not include coupon savings, store discounts, other promotional offers or discounts, rebates applied at time of purchase, taxes, and any other savings or reductions from stated price or other add on costs. The net purchase amount of total qualifying products purchased will be rounded down to the nearest whole dollar before Points are calculated. STDC reserves the right, in its sole discretion, at any time during the duration of the Loyalty Program, to: (a) change the number of Points awarded, or to award no Points, for any particular qualifying activity, (b) offer additional or new qualifying activities for a limited time or permanently, (c) delete any or all means to earn Points, (d) limit the number of times or frequency a participant may earn Points for engaging in a qualifying activity or engaging in the activity during a specific time period, (e) offer Points earning opportunities to select groups of participants, (f) set Points redemption thresholds, and (g) determine how and when Points may be redeemed for rewards or promotions. STDC reserves the right to modify the Sycuan Market Loyalty Program and/or to modify the Points balance held by any participant at any time and without notice. Loyalty Program participants may check their current Points balance via the mobile application under the section Rewards & Points. Points earned through the Loyalty Program have no cash value and cannot be transferred, redeemed, or sold for cash. You understand and agree that we may set the Points conversion ratio for any rewards in our sole and absolute discretion and we may change such conversion ratio at any time throughout the Loyalty Program with or without notice. You further agree that you have no property, proprietary, intellectual property, ownership, or monetary interest in your Points, which remain STDC property at all times. Points can be exclusively redeemed at the Sycuan Market for promotional items or as in-store credit. Points cannot be redeemed for alcohol, tobacco, fuel, or cash. Other restrictions may apply. STDC reserves the right, in its sole discretion, to interpret and apply the policies and procedures communicated in these Terms of Use and Loyalty Program. All determinations by STDC, including determinations of eligibility, and allocation of Points and Points redemption, shall be final and conclusive in each case, without the right of appeal. All Points redemptions for items are final. By enrolling in the Loyalty Program, you consent to the collection, use, sale, sharing, and retention of your personal information in connection with the Loyalty Program. You agree that STDC may contact you using the contact methods you provided at sign-up with program information, promotions, special offers, and other marketing and transactional communications. To apply a promotion code or Points to your order, you must present your Loyalty Program card to a Sycuan Market cashier prior to payment and indicate the promotion code or Points you would like to apply. Promotion codes are limited in nature and may expire or be discontinued with or without notice, after which they cannot be used for any order. We reserve the right to reject or cancel the use of a promotion code where fraud or misuse is suspected. You will have no claim against STDC in connection with such rejection or cancellation of a promotion code. Promotion code values may be adjusted if the total discount value is greater than the value of your order. SDTC is not liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason. Promotion codes may not be copied, sold, or otherwise transferred. By using a promotion code, you warrant that you are the duly authorized recipient of it. Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the Sycuan Market Rewards may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any promotions, please review the applicable rules. If the rules for a promotion conflict with these Terms of Use, the promotion rules will govern. Promotion codes may not be redeemed for cash and are non-refundable and non-transferrable. STDC reserves the right to modify, suspend, terminate, or alter the terms of any promotion code or promotion at any time. Promotion codes may not be reused in the event of a cancellation and/or refund. Promotion codes may not be applied towards taxes, fees, purchases of alcoholic beverages, fuel, or tobacco. Unless otherwise indicated, promotion codes are single use only and cannot be combined. Any use of promotion codes or reward Points is final and will not be refunded or returned. Other restrictions may apply. 4. ORDER AHEAD AND PAYMENT The Sycuan Market Rewards mobile app offers an “Order Ahead” function, allowing users to pre-order select food items from Sycuan Market for convenient pickup. We may establish limitations concerning use of the Order Ahead feature, including without limitation, individual or aggregate transaction limits on the dollar amount or number of orders you may make within certain time periods. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your order at the end of the checkout process, you agree to accept and pay for the products, as well as all applicable taxes. Payments for all orders must be made in-store with a Sycuan Market cashier. It is the participant’s responsibility to present their Loyalty Program card to the Sycuan Market cashier before paying. After placing a pickup order through Order Ahead, you’ll receive an order confirmation via the mobile app. When your order is ready for pickup, you’ll also receive confirmation through the app. We aim to fulfill your order promptly, but do not guarantee that your order will be available for pickup on or by a certain time. Wait times may vary. STDC will not be liable for delays or the unavailability of items in your order at the time of pickup. STDC reserves the right to change or modify the Sycuan Market menu or alter menu prices at any time, and without notice. 5. COPYRIGHT COMPLAINTS If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: Name of Designated Agent: Mark Radoff, General Counsel Address of Designated Agent: 2 Kwaaypaay Court, El Cajon, CA 92019 Telephone Number of Designated Agent: 619-445-4564 Fax Number of Designated Agent: 619-445-0238 E‐Mail Address of Designated Agent: legalreview@sycuan-nsn.gov Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We may at our discretion suspend or terminate access to our Services and/or take other action against users, subscribers, or account holders who infringe the copyright rights of others. 6. MATERIALS AND TRADEMARKS The information and materials provided through the Services, including any data, text, graphics, images, audio and video clips, logos, icons, software and links, and any intellectual property contained therein, (collectively, the “Materials”) constitute the property of STDC or its licensors or suppliers. You are granted a limited, non‐sublicensable license to access and use the Materials for your personal use; provided, however, that such license does not include the right to (a) use unauthorized data gathering or extraction methods, (b) access or use the Materials other than for their intended purposes, or (c) distribute, modify, transmit or publicly display the Materials without the written consent of STDC or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by accessing or using the Materials. The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of STDC and our licensors and suppliers. The Trademarks owned by STDC, whether registered or unregistered, may not be used in connection with any product or service that is not STDC’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages STDC. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of STDC or our licensors or suppliers. The terms “Materials” and “Trademarks” as used in these Terms of Use do not include third-party trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with STDC. 7. THIRD-PARTY CONTENT We may provide third-party content on the Services as a service to those interested in this information. We do not control, endorse or adopt any third-party content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third-party content and undertake no responsibility to update or review such content. You access and use such content at your own risk. Our Services allow you to access Google Maps. Please note that when you use Google Maps, you are subject to Google’s Terms of Service (available at the time of publication at http://www.google.com/policies/terms/), as amended by Google from time to time. 8. THIRD-PARTY PRODUCTS AND SERVICES We may display advertisements and promotions from third parties on our Services or may otherwise provide information about or links to third-party products or services. STDC does not endorse or make any representations or warranties regarding any third-party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable in any manner for any third-party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third-party information on the Services. 9. FEEDBACK You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, originals or creative materials or other information that you provide to STDC regarding our products or services are nonconfidential and shall become the sole property of STDC. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. 10. DISCLAIMERS THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STDC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON‐INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THUS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. STDC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR‐FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. 11. LIMITATION OF LIABILITY NEITHER STDC NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF STDC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY DOLLARS ($50). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. STDC, AS A WHOLLY OWNED ENTITY OF A FEDERALLY-RECOGNIZED INDIAN TRIBE IS AN ARM OF THE SYCUAN BAND OF THE KUMEYAAY NATION, AND IS CLOAKED WITH, AND COEXTENSIVELY SHARES THE TRIBE’S SOVEREIGN IMMUNITY FROM UNCONSENTED SUIT, WHICH IS EXPRESSLY ASSERTED HEREIN. 12. APPLICABLE LAW, VENUE, AND LIMITATION OF ACTIONS STDC, AND THE SYCUAN MARKET ARE ENTITITES THAT ARE WHOLLY OWNED AND OPERATED BY A FEDERALLY-RECOGNIZED, SOVEREIGN, AMERICAN INDIAN NATION. THESE TERMS OF USE SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS, CUSTOMS, AND TRADITIONS OF THE SYCUAN BAND OF THE KUMEYAAY NATION. REGARDLESS OF WHERE YOU ACCESS THE SERVICES, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE TERMS OF USE SHALL REQUIRE EXHAUSTION OF ANY TRIBAL REMEDIES, AND BE FILED AND ADJUDICATED IN SYCUAN TRIBAL COURT. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURT OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS OF USE. 13. INDEMNIFICATION You agree to indemnify, defend, and hold STDC, the Sycuan Market, and our affiliates, licensors, suppliers, advertisers and sponsors, and our respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) your activities in connection with the Services; (c) any User Content you post, store or otherwise transmit on or through the Services; (d) any feedback you provide; and (e) your violation of the rights of any third party. 14. TERMINATION We reserve the right, without notice and in our sole discretion, to suspend or terminate your account or ability to use our Services at any time, with or without notice to you. You may close your account at any time within the mobile application, by visiting us in-store, or by contacting us via email at marketrewardssupport@sycuanmarket.com or by phone at 619-445-4564. 15. SEVERABILITY If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 16. CONTACT US If at any time you would like to provide feedback, need assistance, or are experiencing difficulties using our Services, please visit us in-store or contact us via email at marketrewardssupport@sycuanmarket.com or by phone at 619-445-4564. Lost or stolen Sycuan Market Rewards cards should be reported to Sycuan Market personnel immediately.