Kantata Stars Terms of Use

IMPORTANT - PLEASE READ CAREFULLY BEFORE YOU PARTICIPATE IN THE KANTATA STARS PROGRAM (“PROGRAM”)

By clicking on the “accept” button at the end of this document or by accessing and/or using the Program, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. If you are not willing to be bound by the terms of this Agreement, do not access or use the Program.

These terms and conditions (“Agreement”) are made by and between Kantata (including its affiliates and subsidiaries), a California corporation, having its principal place of business at 6501 Irvine Center Drive, Suite 200, Irvine, CA 92618, United States (“Kantata”) and you as a current customer of Kantata in good standing and who is registered in the Program (“Participants”).

1. ELIGIBILITY

This Program is open to Participants who are age 18 years or older at the time of entry. This Program is not open to: (1) employees or third-party vendors of Kantata or its parent/subsidiaries, agents or affiliates; (2) the immediate family members or members of the same household of any such employee or third-party vendor; (3) anyone professionally involved in the development or administration of this Program; (4) employees or internally contracted vendors of governments and government-affiliated companies or organizations; (5) any employee whose employer's guidelines or regulations would otherwise not allow entry in the Program or acceptance of the rewards offered under this Program; (6) where prohibited or restricted by applicable law; (7) individuals or entities who are not current customers of Kantata; (7) current customers of Kantata who are not in good financial standing or are otherwise in breach of any agreement with Kantata; or (8) citizens of countries sanctioned by U.S. law. By participating in this Program as described herein, you are formally representing that you are eligible to participate and agree to being bound by (i) these Program Terms and (ii) Kantata Terms of Service, found at https://kantata.joinzealot.com/, which is incorporated herein by reference.

IMPORTANT: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION.

2. HOW TO PARTICIPATE

To participate in the Program, visit https://kantata.joinzealot.com/, accurately and truthfully complete the online registration form, agree to the terms and conditions of this Agreement, and follow all other instructions specified on the website listed above.

3. REWARDS

Subject to continued compliance with the terms and conditions of this Agreement, and once confirmed by Kantata, Participants will be able to complete exercises, activities, and challenges to accrue “points” that can be redeemed for reward(s) at various point levels and in limited quantities. Participant agrees that completion of any Program challenges, exercises and activities and Participant’s eligibility for rewards shall be determined by Kantata in its discretion. Participant acknowledges and agrees that ALL POINTS EXPIRE AND SHALL BE DEEMED FORFEITED IF NOT REDEEMED WITHIN TWELVE (12) MONTHS FROM THE DATE THEY ARE EARNED OR IMMEDIATELY IF THE PROGRAM IS TERMINATED FOR ANY REASON.

The approximate retail values of rewards are subject to change based on current market conditions at the time of reward redemption. Participants are not entitled to any surplus between actual retail value of a reward and stated retail value. Points do not have any cash value and may not be redeemed for cash. No substitution, assignment, transfer, or cash redemption of any reward is permitted. Rewards are subject to availability and Kantata reserves the right, but not the obligation, to substitute a reward of equal or greater value should the advertised reward become unavailable for any reason. Kantata will not replace any lost or stolen rewards at any time.

4. CONDITIONS

This Program and participation in the Program is subject to applicable national/federal, state, provincial, and/or local laws. By participating in the Program, Participants agree: (a) to be bound by these terms and conditions and the decisions of Kantata which shall be final and binding and made in its sole and absolute discretion; (b) to waive any right to claim ambiguity in the Program or these terms and conditions, except where prohibited by law.

Taxes, if any, are the sole responsibility of the Participants. By participating in the Program, all Participants agree to release and hold harmless Kantata and its directors, employees, officers, and agents from any and all liability arising from their participation in the Program or for the use of a reward. Rewards are provided without warranty of any kind and are provided “as is” “where-is”.

5. USER CONTENT & PUBLICITY

Participants acknowledge and agree that Kantata may use the Program for publicity, advertising or other marketing purposes. Participant grants Kantata a non-exclusive, worldwide, perpetual, royalty-free, fully paid up, irrevocable right and license to use any content or data shared in connection with the Program (“User Content”). Participant represents that they own the User Content and that its use does not violate the rights of any third party.

6. COMPUTER, INTERNET, AND PROGRAM ADMINISTRATION

Kantata is not responsible for electronic transmission errors, technical failures, or unauthorized human intervention in the Program. Kantata reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program for any reason at any time.

7. PRIVACY

Any personal information collected by Kantata will be used in accordance with the Agreement and Kantata’s privacy policy, located at https://www.kantata.com/privacy-policy.

8. LIMITATIONS OF LIABILITY

IN NO EVENT WILL KANTATA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST DATA, LOST PROFITS OR REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR OTHER LOSS OF ECONOMIC ADVANTAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF CAUSE, AND WHETHER IN CONTRACT, TORT (INCLUDING FOR NEGLIGENCE), STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY.

THE AGGREGATE, CUMULATIVE LIABILITY OF KANTATA ARISING OUT OF OR RELATED TO THE PROGRAM, WHETHER IN CONTRACT, TORT (INCLUDING FOR NEGLIGENCE), STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE TOTAL VALUE OF POINTS EARNED BY PARTICIPANT DURING THE PRECEDING 12 MONTHS.

THE LIMITATIONS SET FORTH HEREIN APPLY (A) EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (B) EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THE PROGRAM, AT LAW, OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE.

9. ADDITIONAL PROVISIONS

Confidential Information: Participants shall hold confidential any proprietary Kantata information received in connection with the Program.
Force Majeure: Kantata shall not be liable for any delay or failure in performance due to Acts of God, riots, war, fire, epidemics, or similar occurrences or any other circumstance that is not within Kantata’s reasonable control.
Entire Agreement: This Agreement is the entire agreement between the parties concerning the Program and replaces any prior oral or written communications.
Assignment: Participant may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise.
Termination: Kantata reserves the right to end this promotion at any time without notice.
Governing Law: This Program shall be governed under the laws of the State of California. Participant agrees that any legal action brought relating to this Program shall be brought in the state of federal courts located in Irvine, California.