CIVIC VICTORY CLUB TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE CIVIC FINANCIAL SERVICES, LLC ("CIVIC") VICTORY CLUB REWARDS PROGRAM (the "PROGRAM"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PARTICIPATE IN THE PROGRAM AND EMAIL VICTORYCLUB@CIVICFS.COM TO UNENROLL.
1. ELIGIBLE CUSTOMERS: Eligible Customers (as defined below) are automatically enrolled in one of the Program's two structures (the "Retail Channel Structure" and the "Wholesale Channel Structure") after completing at least one funded loan during the Program Period (as defined below). "Eligible Customers" shall mean all Civic customers, brokers, and investors that are in the 50 United States, including the District of Columbia, in good standing as pertaining to Civic. Participation in the Program constitutes the Eligible Customer's full and unconditional agreement to these Terms and Conditions. Those Eligible Customers who are accepted into the program by Civic shall be hereinafter referred to as "Enrollees".
2. PROGRAM PERIOD: The current phase of the Program begins at 12:01 AM Pacific Standard Time ("PST") on the first day of the calendar year and is scheduled to end at 11:59 PM PST on the last day of the calendar year (the "Program Period"). Tier points and levels are reset annually.
3. PROGRAM AWARD LEVELS: Enrollees are eligible to participate in one of the Program's two structures: The Retail Channel Structure or the Wholesale Channel Structure.
For each loan closed in Civic's retail channel during the Program Period, Enrollees will earn one point ("Retail Channel Points").
For each loan closed in Civic's wholesale channel during the Program Period, Enrollees will earn one point ("Wholesale Channel Points").
Each funded loan will accrue only one Retail Channel Point or a Wholesale Channel Point (collectively, "Program Points"). In each channel, Enrollees can accrue Program Points to qualify for one of three levels, as set forth below. Once an Enrollee earns enough Program Points to qualify at the Venturer level, the Enrollee also becomes a member of the Victory Club.
A full listing of current redemption options is available on www.civicfs.com/VictoryClub.
Enrollees will receive rewards corresponding to their level. For information on current rewards, please visit: www.civicfs.com/VictoryClub. Civic retains discretion to change rewards at any time.
Enrollees must be in good standing to participate in the Program. Civic retains full discretion to determine whether Enrollees are in good standing. Good standing means (1) Enrollees account is current with loan payments and (2) Enrollees account is not more than 60 days past due or otherwise in default. If any of an Enrollee's funded loans is in default (including loans funded prior to the Program Period), the Enrollee's membership in the Program will be suspended until all defaults are cured. While an Enrollee's membership is suspended, the Enrollee will forfeit all rewards and will not be eligible to earn any prizes or benefits.
Civic reserves the right to change the number of Program Points required for eligibility in any level shown above to stimulate sales or for any other reasonable purpose, in its sole and absolute discretion. Enrollees will be notified of any increase in Program Points together with the start and, if applicable, end date of such increase. To benefit from such an increase, Enrollees must close loans and earn Program Points during the applicable time periods.
You can review your points balance by contacting Civic at the mailing address and email address set forth in Paragraph 16.
4. NOTIFICATION & PRIZES: All communications will be sent to Enrollees email address currently provided in Enrollees account.
Important Notice: Except as set forth above, Enrollees will be responsible for all gratuities, meals, transportation, and any other incidental costs or expenses not identified in these terms and conditions. If events are delayed, postponed, or canceled for any reason, Enrollees will be reimbursed at Civic's sole discretion. All prizes are provided "as-is" without any warranty.
5. PUBLICITY: By participating in the Program, Enrollees accept and agree to be bound by this agreement and consent to the use of their names photographs, biographical information, reward(s), images and/or testimonies for advertising or marketing purposes in any advertising or communications medium whatsoever, without compensation, unless prohibited by law. Proof of eligibility and compliance with these terms and conditions may be required. Participants may be required to complete and return an affidavit of eligibility and a liability release.
6. RELEASE: By participating in the Program, the Enrollee and its officers, directors, employees, agents and affiliates (collectively, the "Releasor") hereby releases Civic, its officers, directors, employees, subsidiaries, affiliates, agents and representatives (and their officers, directors, employees and agents) (collectively, the "Released Parties") from any and all actions, causes of action, suits, out-of-pocket expenses, claims, losses, demands and damages whatsoever, in law or equity, which the Releasor may have, now or in the future, against the Released Parties, as a result of or arising out of the Releasors participation in the Program or the Releasors acceptance or use of any products hereunder.
7. LIABILITY: Each Enrollee, including any Enrollee receiving a reward under the Program assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Program or receipt of or use of any reward. By participating in this Program, Enrollees agree to be bound by the official rules and the decisions of Civic in its discretion, which shall be final. No substitution or transfer of prize permitted, except Civic reserves the right to award a reward of equal or greater value. Civic is not responsible for any typographical or other error in the printing of these terms, administration of the Program or in the announcement of prizes. Civic is not responsible for incomplete, lost, late, damaged, illegible, or misdirected e-mail, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, or delayed computer transmission or any combination thereof. Civic is not responsible for any damage to any participants computer system/software related to or resulting from participation or downloading any materials in associated with this Program. Civic reserves the right to prohibit the participation of an Eligible Customer if fraud or tampering is suspected, or if such Eligible Customer fails to comply with any requirement of participation as stated herein or with any provision in these terms and conditions. CAUTION: ANY ATTEMPT BY AN ELIGIBLE CUSTOMER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, CIVIC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ELIGIBLE CUSTOMER TO THE FULLEST EXTENT PERMITTED BY LAW. Civic assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by an Enrollee's or Eligible Customer's Internet service provider and/or e-mail client or for insufficient space in users email account to receive e-mail. Civic reserves the right to modify the Program or disqualify an Enrollee if fraud, misconduct, or technical failures destroy the security, fairness or integrity of the Program as determined by Civic, in its sole discretion. In the event Civic is prevented from continuing with this promotion, or the integrity and/or feasibility of the promotion is severely undermined by any event beyond Civics control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), pandemic, terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Civic's control (each a Force Majeure event or occurrence), Civic shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Program at any time, for any reason without further obligation.
8. TAXES: Payment of taxes, if any, including all applicable federal, state, and local taxes, on prizes distributed pursuant to the Program are the sole responsibility of such prize winners. Winners may receive a 1099 tax form for the approximate retail value of their prize.
9. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Any controversy or claim arising out of or relating to this contract, or the breach thereof, or the Program shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules on an individual basis only, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement still applies.
10. GOVERNING LAW; JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Enrollees or Civic in connection with the Program or in connection with any submission or other material submitted in connection with the Program, shall be governed by and construed in accordance with the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and the internal laws of the State of California without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other states laws. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. DATA: By participating in the Program, each Enrollee acknowledges and agrees that Civic needs to collect and use personal data supplied to Civic to enable the Enrollee to take part in the Program and to claim any reward(s), if applicable. Information supplied as result of taking part in the Program will be kept by Civic exclusively for the purposes of enabling it to carry out (a) the verifications described in these Terms and Conditions and (b) marketing and communication activities described herein. Civic will take all reasonable precautions to safeguard the security of Enrollee data and to prevent such data from being disclosed to unauthorized third parties.
12. PROGRAM MODIFICATIONS: Civic reserves the right to modify all or part of these Terms and Conditions. Any change in the Program Terms and Conditions will be reflected in an updated on-line version on the Civic website and will enter into force from the date it appears in the on-line version and every Enrollee will be deemed to have accepted it by the very fact of her/his/its participation in the Program, from the date of entry into force of the modification. Any Enrollee who rejects the change(s), which have been made, must terminate her/his/its participation in the Program.
13. DISCONTINUATION: Civic has the right to discontinue the Program at any time immediately upon written notice to the Enrollees. Upon discontinuation, Enrollees will have no entitlement to any awards.
14. VOID WHERE PROHIBITED: This Program is void where restricted or prohibited by law.
15. QUESTIONS; COMPLAINTS: Any concerns or complaints must be made in writing and sent to the address in Paragraph 16 of these Program Terms and Conditions.
16. ADDRESS: All correspondence and questions pertaining to this Program should be directed to:
Civic Financial Services, LLC
2015 Manhattan Beach Blvd., Suite 106
Redondo Beach, CA 90278
Attention: Victory Club Program Manager
Email: VictoryClub@civicfs.com
Last revised: December 21, 2022