KEDPLASMA LOYALTY PROGRAM

TERMS AND CONDITIONS

The Kedplasma Loyalty Program (“Loyalty Program”) lets you (“you”) participate in incentive programs offered by Kedplasma LLC (“Kedplasma” or “we” or “us”) from time to time that give you the opportunity to earn points (“Points”) that you can redeem for rewards as described below (“Rewards”), subject to these Terms and Conditions. There is no charge to you for your participation in the Loyalty Program. 

THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND KEDPLASMA. KEDPLASMA IS WILLING TO ALLOW YOU TO PARTICIPATE IN THE LOYALTY PROGRAM ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR PARTICIPATE IN THE LOYALTY PROGRAM.   

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH IN SECTION 8 BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT USER IS GIVING UP THE RIGHT TO SUE IN COURT OR IN CLASS ACTIONS OF ANY KIND.

• Account Registration and Responsibility

To participate in the Loyalty Program, you must be a resident of the United States, you must be at least eighteen (18) years of age, and you must complete the Loyalty Program account (“Account”) registration process, which may be done through Rewards section of our mobile application (the “Kedplasma App”). Registering an Account is required to earn and redeem Points. 

You must provide and maintain all information requested by Kedplasma during the Account registration process and promptly update your Account information with any changes. You acknowledge that Kedplasma may (i) communicate with you about Loyalty Program changes, Rewards and promotions, and other matters related to the Loyalty Program through any email address or phone number you provide to us; (ii) share your Account information with our trusted third-party providers and partners in connection with the operation of the Loyalty Program, and (iii) without limiting the foregoing, collect, use, disclose, and otherwise process personal information about you and your participation in the Loyalty Program as described in the Kedplasma App Privacy Policy and any additional applicable privacy policies or disclosures that we provide to you. 

You are not permitted to share your Account, Account credentials, or Account access with others and are solely responsible for any third-party Account access or activities, including any unauthorized Points redemptions. Your Account and the benefits and promotions available to you through the Loyalty Program are personal to you and may not be transferred to anybody else. You agree to keep your Account information current and to secure your Account credentials and log-in information. You should alert us at [email protected] in the event of suspected unauthorized access to or misuse of your Account, but you will remain solely responsible for any such unauthorized use or misuse. 

• Earning Points 

Once you establish your Account, you can use it to earn Points by taking certain actions, as described from time to time on the Kedplasma App or online at https://www.kedplasma.us/ (the “Kedplasma Website” and together with the Kedplasma App, the “Kedplasma Platform”).  Kedplasma may offer time-limited opportunities to earn Points and may change the criteria for earning Points at any time in its sole discretion, with or without providing notice to you, by updating the Kedplasma Platform.  Kedplasma reserves the right to correct Point descriptions and the accrual or balance of Points in the event of any technological, typographical, or human error related to such Points.

Points have no cash value or equivalency. Points may not be assigned, transferred, redeemed for cash, or substituted and may be used only by the individual associated with the Account.

Points will expire and be removed from your Account if you have not successfully donated plasma at a Kedplasma center located within the United States for six (6) consecutive months. Once Points have expired, they are no longer valid for any redemption or Reward and they may not be reinstated to Member’s account for any reason.

The Loyalty Program may, in Kedplasma’s sole discretion, include the ability for Loyalty Program participants to climb in ranked loyalty tiers (“Loyalty Tiers”) based on criteria established and described by Kedplasma on the Kedplasma Platform, which are subject to change in Kedplasma’s sole discretion from time to time. For example, Participants may earn more Points at one Loyalty Tier as compared to a lesser Loyalty Tier, or one Loyalty Tier may confer a different advantage not available to participants at a lesser Loyalty Tier, subject to the actual descriptions of any Loyalty Tiers on the Kedplasma Platform at any particular time.

• Redeeming Points

Points may be redeemed for Rewards as set forth in the Kedplasma Platform from time to time (the “Rewards Gallery”).  Kedplasma utilizes a third-party provider (the “Rewards Provider”) to maintain and operate the Rewards Gallery, and your use of the Rewards Gallery is subject to any and all terms and conditions included or made available to you by the Rewards Provider in connection with the Rewards Gallery.  Points can only be redeemed at the time of checkout in the Rewards Gallery, and the type and nature of the Rewards are subject to change in the sole discretion of the Kedplasma and the Rewards Provider.  

You may obtain a Reward for the amount of Points that is indicated for each Reward in the Rewards Gallery. The price of Rewards and any reward-specific fees shall be provided via the Rewards Gallery and are subject to change.  If a Reward listed has an incorrect price due to a technological, typographical, or human error, Kedplasma and the Rewards Provider have the right to refuse or cancel orders placed for such Reward. 

You must have the total required number of Points available in your Account for the Reward at the time of redemption. Points that are not yet accrued and credited to your Account at the time you place your redemption request are not available for Reward redemption. Points are deducted from your Account as soon as the full amount of required Points for the Reward is redeemed. Once Points have been redeemed for a Reward, they are no longer valid for any subsequent redemption and they may not be returned or reinstated to Member’s account for any reason. Rewards may not be returned. 

Rewards listed in the Rewards Gallery are subject to availability at the time you redeem your Points. By accessing and/or using the Rewards Gallery, you authorize the Kedplasma to consider any person using your information a legitimate user.

Rewards may include prepaid cards which can be used to purchases services and merchandise from specified retailers or networks (“Gift Cards”). All third-party providers of Gift Cards (each a “Merchant”) are subject to change without notice. The availability of Gift Cards may be subject to approval from the Merchant providing each such Gift Card.

You acknowledge that Gift Cards ordered or obtained through the Rewards Gallery are provided by Merchants who provide issuing, fulfillment, customer service, and transaction-related services and Kedplasma is not liable for any claims related to those services.  Neither Kedplasma nor the Rewards Provider serves as the issuer of any Gift Cards or provides any ongoing transaction related services after the Reward has been claimed.

By ordering a Gift Card, you accept any and all Merchant terms and conditions (if required for a particular merchant) or terms of use associated with the use of any such Gift Card. 

For the avoidance of doubt, you acknowledge and agree that Kedplasma has no affiliation with any Merchant and does not approve or endorse, is not responsible or liable for, and makes no representations with respect to any such Merchant, Gift Card, or products or services available for purchase in connection therewith.  The inclusion of any such Gift Card shall not be interpreted to imply any association, sponsorship, endorsement, or affiliation with any Merchant.  Kedplasma is not an agent, distributor, re-seller, or broker of any such Merchant’s products or services.

Physical Rewards shall be shipped via the United States Postal Service (USPS) or other carrier.  Digital Rewards shall be distributed digitally or electronically.  You acknowledge and understand that the use of USPS and other carriers, electronic mail or short message service (“SMS”), involves risks and the potential for misdirected mail, email, SMS, or delays in delivery of the mail, email or SMS, and you agree that Kedplasma shall under no circumstance bear any losses or liability resulting from or attributable to undeliverable, misdirected, or delayed mail, emails or SMS, except to the extent attributable to the negligence or intentional misconduct of Kedplasma. Fees are inclusive of associated postage via regular mail, though all such fees will automatically be adjusted without any action by the parties following any increase in the relevant postal rates. Kedplasma is not responsible for the loss of any value associated with a Reward once it has been claimed. To reduce the likelihood of any potential loss, Kedplasma encourages Recipients to redeem Rewards on a timely basis.

• Restrictions, Legitimate Use

You may only use the Rewards Gallery to make non-commercial, legitimate Point redemptions for your personal use. You shall not use the Kedplasma Platform or the Rewards Gallery for any other purpose, including to make any speculative, false, or fraudulent redemptions. Kedplasma reserves the right to refuse access to the Kedplasma Platform or Rewards Gallery in cases it determines to constitute misuse. 

Kedplasma reserves the right to invalidate Points from a Member’s account, with notice, if it determines, in its sole discretion, that such Points were improperly credited to such Member account, or were obtained fraudulently, or are otherwise in violation of these Terms and Conditions. Kedplasma reserves the right to require proof of accrual of Points and reserves the right to delay the processing or redemption of any Rewards without notice, in order to assure compliance with these Terms and Conditions. Kedplasma reserves the right to require additional information to verify your Account information, payment methods, and use of Points. Kedplasma reserves the right to reject any Accounts, orders, and payments.

Kedplasma is not responsible for lost or stolen rewards. The use of automated software or computer programs to redeem Points or to otherwise participate in the program is prohibited. Any individual who uses or attempts to use, or who Kedplasma or the Rewards Provider suspects of using, such methods to redeem, will have their Account voided. The Parties reserve the rights to restrict registrations from any IP address and/or email address, if suspicious activity is detected. Kedplasma reserves the right, in its sole discretion, to disqualify any participant from the Loyalty Program or any other promotion conducted now or in the future by Kedplasma or any of its affiliates if it determines that such individual has tampered with the program process, attempted to circumvent these Terms and Conditions, or has committed fraud or misconduct that has affected the integrity or fairness of the Loyalty Program. 

In the event that we detect any fraud or misuse in connection with your Account, we may freeze your Account. While your Account is frozen, you may continue to earn Points, but you will not be allowed to redeem the Points until it can be determined that there was no fraud or misuse in connection with your Account. If we determine, in our sole discretion, that there has been fraud in connection with your Account, (i) we may reduce the number of Points accumulated in your Account that were earned by such fraudulent activity, and (ii) we may terminate your Account. In the event of such termination, you will no longer be allowed to earn Points and you will only be allowed to redeem any remaining Points accumulated in your Account as of the date of termination, which were not obtained by fraudulent activity.

• Cancellation, Amendment, Termination

You may cancel your Loyalty Program participation at any time by contacting us at [email protected]. Once cancelled, you will not accrue any additional Points, and any existing Points in your Account shall expire immediately.  

Kedplasma reserves the right to amend or change these Terms and Conditions, including with respect to participation, Points, Loyalty Tiers, Rewards, and benefits for the Loyalty Program, including terminating the Loyalty Program, at any time, by providing notice to you.  YOUR CONTINUED PARTICIPATION IN THE LOYALTY PROGRAM FOLLOWING SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

• Program Ownership

Title, ownership rights, and intellectual property rights in and to the Kedplasma Platform and Loyalty Program shall remain in Kedplasma, including with respect to all improvements, modifications, and derivative works thereto and including with respect to its content, logos, taglines, and trademarks. All rights are reserved.  

• Limitation of Liability  

1. 1. 1. NEITHER KEDPLASMA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE YOUR COMPUTER HARDWARE OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF OR RELATED IN ANY WAY TO THE LOYALTY PROGRAM (INCLUDING THE COLLECTION, GENERATION, USE, DISCLOSURE, AND OTHER PROCESSING OF DATA THROUGH OR IN CONNECTION WITH THE LOYALTY PROGRAM) BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF KEDPLASMA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
      2. KEDPLASMA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER AND FOR ALL CLAIMS AND DAMAGES WILL BE LIMITED TO ONE DOLLAR ($1). THIS LIMIT IS AN AGGREGATE LIMIT THAT WILL NOT INCREASE ACCORDING TO THE NUMBER OF CLAIMS BROUGHT BY YOU. 

• Governing Law; Mandatory Arbitration; Class Action Waiver  

This Agreement is to be construed and governed in accordance with the internal laws of the State of New York without reference to conflict of law principles. 

This arbitration provision provides for binding arbitration of all Claims by either you or us against the other if either you or we choose to refer the Claim to arbitration. A “Claim” covered by this provision is any claim, dispute or controversy by either you or us against the other, arising from or relating in any way to this Agreement or the Loyalty Program, our relationship, data collected, accessed, or generated through or in connection with the Loyalty Program and the use, disclosure, and other processing of such data, or products or services provided by us or a third party in connection with this Agreement or your Account, including (without limitation) claims, disputes, or controversies based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement). All issues shall be for the arbitrator to decide except issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, which shall be for the court to decide. 

In arbitration, a neutral arbitrator—not a judge or a jury—decides whether to award relief. Procedures are also simpler in arbitration than in court. For example, discovery is more limited. Review of the arbitrator’s decision by appeal is also limited (as described below in this arbitration provision). You and we agree that all Claims must be arbitrated on an individual basis between you and us, and not on a class, representative, or any other kind of collective basis. As a result, class actions and other representative or collective basis proceedings are not available for resolution of Claims. Apart from Claims arising from the same Account, no claims may be joined together in the arbitration. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding.

TO BE CLEAR, ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.

If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial. Notwithstanding the above, you and we both agree that neither of us waive or limit our rights to (a) bring an individual action in a U.S. small claims court, (b) bring an individual action that relates to intellectual property rights, or (c) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.

The arbitration shall be administered by the American Arbitration Association (the “Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The arbitration hearing may be conducted in person, by telephone, or based on documents, as appropriate. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law.

If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to us as set forth in Section 9 below. If we commence arbitration, we will provide you notice as set forth in Section 9 or otherwise at your last known address. Any in-person arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.

A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award issuance. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request.

This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the assignment or termination of this Agreement and your Account. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.

For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under applicable law as to a particular Claim brought by one party against the other, then legal proceedings involving only that Claim may be instituted solely in the state courts of the State of New York or in the United States District Court for the Southern District of New York. For all purposes of this Agreement, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.

• Notices 

All notices by Kedplasma to you in connection with this Agreement may be made by email with confirmation of response, registered mail, or overnight delivery service to the email address or other contact information provided by you in connection with your Account or may be disseminated by a general posting within the App.  All notices to Kedplasma by you in connection with this Agreement shall be made by email with confirmation of response, registered mail, or overnight delivery service to KEDPLASMA LLC, 400 KELBY ST, FORT LEE, NJ 07024.  All notices shall be effective upon receipt by the party to which notice is given.  It is your responsibility to ensure that the contact information in your Account is accurate and up-to-date.

• Miscellaneous  

Our failure to enforce any particular term or condition hereunder will not constitute a waiver of any of our rights.

We are not responsible for any taxes or fees imposed on you as a result of your participation in the Loyalty Program or your receipt of benefits in connection with the Loyalty Program.

We reserve the right to take any action we deem necessary or appropriate to comply with any applicable laws or regulations in connection with the Loyalty Program. 

These Terms and Conditions describe the entirety of our agreement with you with respect to the Loyalty Program.

If any court having proper jurisdiction hereof shall subsequently determine any portion of this Agreement to be invalid or unenforceable, such portion shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law and as so modified this Agreement shall continue in full force and effect. 

[End of Terms and Conditions]

Last Updated: 12- December- 2024