Terms of Service

Welcome to Reflexiv+, where we empower athletes to earn for their education. By registering with us and using our services, you agree to these Terms of Service (“ToS”), which form a binding legal agreement between you (the “Participant”) and Reflexiv+ (the “Company”). Please read them carefully.

Eligibility: To participate, you must be an athlete either currently enrolled in a high school or college or planning to attend one. You must agree to use our program in a manner consistent with all applicable laws and regulations and in line with the ethical standards of your educational institution.

Promo Code Usage: Upon registration, you will be assigned a unique promotional code. This code may be used to purchase products, and you are encouraged to share your code to maximize potential earnings. The code must not be used for any fraudulent or illegal activities, and the Company reserves the right to investigate and revoke your code if misuse is suspected.

Commission Structure: You will earn a 20% commission on all sales made using your promotional code. These commissions will be credited to your personal scholarship fund account with Reflexiv+. Detailed commission tracking will be provided through your participant dashboard.

Account Terms: All commissions earned will be held for the purposes of educational expenses only. Should you choose not to pursue further education, the funds may be transferred to a general scholarship fund or to an immediate family member attending college as per the guidelines stated in section [specific section].

Changes to ToS: The Company may modify these ToS at any time. If we make changes that materially affect your rights, we will notify you by email or through our platform. Continued use of our services after such changes constitutes your acceptance of the new ToS.

Eligibility and Parental Consent for Minors

  • The Reflexiv+ program is open to athletes of all ages, including those under the age of 18. However, if a participant is considered a minor in their jurisdiction of residence, they must obtain consent from a parent or legal guardian before registering and participating in the program.
  • To register a minor, the parent or legal guardian must review and agree to these Terms of Service on behalf of the minor. By providing consent, the parent or guardian agrees to be bound by these terms and accepts responsibility for the minor’s participation in the program.
  • Reflexiv+ requires that a consent form be completed by the parent or legal guardian. This form will be provided during the registration process and must be submitted before the minor’s account is activated.
  • The parent or legal guardian is responsible for monitoring the minor’s use of the program and ensuring that all program activities are conducted in compliance with our terms.
  • Reflexiv+ reserves the right to request proof of parental consent at any time and to terminate a minor’s participation in the program if such consent cannot be verified.

Legal Representation:

  • By providing consent, the parent or legal guardian represents that they have the legal capacity to enter into binding contracts and are not barred from doing so under any applicable laws.

Participant Acknowledgment:

  • If a participant is a minor, both the participant and the parent or legal guardian acknowledge that they have read, understood, and agree to be bound by these Terms of Service, including all responsibilities and obligations herein.

Reflexiv+ is committed to protecting the welfare and privacy of all its participants, especially minors. We encourage parents or legal guardians to be actively involved in and aware of their children’s online activities and participation in our program.

Conditions for Fund Transfer and Usage:

  • Ineligibility or Non-Enrollment: In cases where a participant is unable to meet the eligibility requirements for college enrollment, including but not limited to admission denial, decision to not attend college, or any other factors that prevent enrollment, the participant will have options regarding the disposition of accumulated funds in their scholarship account.
  • Transfer to Immediate Family Members: Reflexiv+ allows participants the option to transfer their accumulated scholarship funds to an immediate family member who is currently attending or planning to attend a college or university. Immediate family members include parents, siblings, or children of the participant.
  • Transfer Process:
  • To initiate a fund transfer, the participant must submit a written request to Reflexiv+ outlining the details of the transfer, including the relationship to the family member and the intended recipient’s educational institution.
  • Reflexiv+ will verify the eligibility of the transfer recipient and the educational institution before processing the transfer.
  • The transfer of funds will be subject to the same terms and conditions as originally agreed upon, including the use of funds for qualifying educational expenses only.
  • Timeframe for Transfer Decision: Participants will have a specified period, for example, 12 months from the date they are deemed ineligible or decide not to enroll in college, to request the transfer of funds. If no transfer request is made within this timeframe, the funds will be reallocated.
  • Reallocation of Funds: In the event that a transfer request is not made within the specified period, or if there are no eligible immediate family members, Reflexiv+ reserves the right to reallocate the funds to the Reflexiv+ general scholarship fund. This fund is used to support other eligible and deserving participants in their educational endeavors.
  • Acknowledgment of Terms: By participating in the Reflexiv+ program, the participant acknowledges and agrees to these terms regarding the transfer and usage of scholarship funds.

Reflexiv+ is committed to supporting education and providing flexible options for our participants and their families. This policy is designed to ensure that the benefits of our program extend to support the educational goals of our participants or their immediate family members.

Privacy Policy

Information Collection: We collect personal information necessary to establish your account, manage your earnings, and ensure you receive your rewards. This may include contact details, educational status, and payment information.

Data Protection: We are committed to protecting your personal information and will implement appropriate security measures against unauthorized access, alteration, disclosure, or destruction.

Compliance: We adhere to privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), ensuring that your data rights are respected and maintained.

User Rights: You have the right to access, correct, or delete your personal information. You may also request that we restrict the processing of your data or provide a copy of your information for portability.

Data Usage: Your information will be used to administer your participation in our program, process payments, communicate with you regarding your account, and improve our services.

Consent: By using our services, you consent to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our ToS.

Contact Us: If you have any questions or concerns about these terms or your personal information, please contact us at [contact information].

These ToS and Privacy Policy are effective as of date of registration. By accepting these terms, you acknowledge that you have read, understood, and agreed to be bound by them.

  1. Anti-Fraud Measures

Integrity of the Program: Reflexiv+ is committed to maintaining the integrity of our promotional code program. To ensure fairness and prevent abuse, we have implemented robust anti-fraud measures that all participants are required to adhere to.

Prohibited Conduct:

  • Self-Referral: Participants are prohibited from using their own promotional code to make purchases for themselves. The program is designed to incentivize the promotion of Reflexiv+ products to new customers.
  • Artificially Inflated Sales: Participants may not engage in activities that result in artificial sales. This includes, but is not limited to, collaborating with others to exchange or return products after earning commissions, or using the code for transactions that are not bona fide purchases.
  • Misrepresentation: Participants must accurately represent Reflexiv+ and the program in all promotions. Deceptive, misleading, or unethical practices, including spamming and unsolicited communications, are strictly prohibited.

Detection and Monitoring:

  • Our system includes automated and manual checks to monitor for unusual patterns of activity that could indicate fraudulent behavior. We reserve the right to conduct investigations into any such patterns.
  • Any participant suspected of fraud may be subject to an audit, where they will be required to provide evidence of legitimate code promotion and sales activity.

Consequences of Fraudulent Activity:

  • If a participant is found to have engaged in fraudulent activity, they will be subject to appropriate consequences. This may include, but is not limited to, forfeiture of earned commissions, termination of their account, and legal action.
  • We also reserve the right to adjust commission payments retrospectively if they were earned through fraudulent means.

Reporting Fraud:

  • Participants are encouraged to report any suspicious activity or concerns about potential fraud. This can be done anonymously, and all reports will be investigated thoroughly.
  • Reflexiv+ will maintain confidentiality and protect the identity of anyone reporting suspected fraud to the best of our ability.

Continuous Improvement:

  • We will continually review and update our anti-fraud measures to adapt to new threats and ensure the ongoing security and integrity of our program.

Participant Acknowledgment:

  • By participating in the Reflexiv+ promotional code program, participants acknowledge their understanding of these anti-fraud measures and agree to comply with them in full. Any violation may result in immediate expulsion from the program and forfeiture of any accrued benefits.

These measures are in place to protect all stakeholders involved, including our participants, customers, and the Reflexiv+ brand. We are committed to ensuring that every participant has an equal opportunity to benefit from our program in a secure and trustworthy environment.

  1. Tax Implications

Scholarship Fund Disbursements:

The Reflexiv+ program is designed to contribute earned commissions directly to non-profit educational institutions for the benefit of the participant’s education. These contributions are typically earmarked for tuition and other qualifying educational expenses, which are generally not considered taxable income for the recipient under most tax jurisdictions.

Compliance with Educational and Tax Regulations:

  • Reflexiv+ is committed to complying with all applicable educational funding and tax laws, ensuring that contributions are made in a manner that aligns with the tax-exempt status of scholarship funds.
  • We coordinate with educational institutions to ensure that funds are applied directly to the participant’s educational expenses, as defined by tax authorities.

Tax Documentation:

  • Participants will not receive tax statements from Reflexiv+ for funds disbursed directly to educational institutions for qualifying expenses.
  • Participants may receive a report or acknowledgment from the educational institution detailing the amounts applied to their educational costs.

Tax Advice:

  • While Reflexiv+ takes all necessary steps to ensure compliance with tax laws, we recommend that participants consult with a tax advisor to understand the specific tax implications of scholarship funds in their jurisdiction, particularly if they receive any benefits that may not qualify as tax-exempt educational expenses.

Participant Acknowledgment:

  • Participants acknowledge that they are not receiving these funds as income but rather as a direct payment to an educational institution for qualifying expenses.
  • It is the participant’s responsibility to report any funds that are not used for qualifying educational expenses to the appropriate tax authorities.

Reflexiv+ provides this information as a general guideline and not as tax advice. We encourage all participants to seek professional advice to ensure compliance with their individual tax obligations.

  1. Intellectual Property Rights

Respect for Intellectual Property:

Reflexiv+ values and respects the intellectual property (IP) rights of all entities, including our own and those of third parties. Participants in our promotional code program are required to uphold these standards of respect and are granted a limited, revocable, non-exclusive license to use Reflexiv+ trademarks and branded materials solely for the purpose of promoting our products in accordance with these Terms of Service.

Use of Reflexiv+ Trademarks:

  • Participants may use Reflexiv+ trademarks and branded materials as provided by Reflexiv+ for the purpose of promoting products within the scope of the promotional code program.
  • All promotional materials created by participants that include Reflexiv+ trademarks must adhere to our brand guidelines, which will be provided upon registration in the program.
  • The Reflexiv+ logo or other trademarks may not be altered, modified, or used in a misleading or disparaging manner.

Third-Party Trademarks:

  • Participants must not use any third-party trademarks or copyrighted materials without the explicit permission of the trademark or copyright holder.
  • This includes unauthorized use of logos, slogans, or proprietary graphics from other companies, teams, or organizations in any materials related to the Reflexiv+ program.

Intellectual Property Infringement:

  • Participants are prohibited from actions that may infringe upon the IP rights of others, including the unauthorized use, reproduction, or distribution of copyrighted materials.
  • Reflexiv+ reserves the right to review all participant-created promotional content and may require the removal of any content that infringes or violates IP rights.

Consequences of IP Violations:

  • Violations of IP rights may lead to the immediate revocation of the participant’s promo code, termination from the program, and potential legal action by Reflexiv+ or third-party IP owners.
  • Participants agree to indemnify Reflexiv+ from any legal claims or damages that result from the participant’s violation of IP rights.

Reporting Infringements:

  • If participants become aware of any misuse of Reflexiv+ IP or infringement by third parties, they are encouraged to report this to Reflexiv+ immediately for further action.

Participant Acknowledgment:

  • By participating in the Reflexiv+ promotional code program, participants acknowledge their understanding of these Intellectual Property Rights terms and agree to abide by them.
  • Participants understand that the use of Reflexiv+ trademarks is a privilege associated with the program and that this privilege can be revoked if misused.

Reflexiv+ reserves all rights not expressly granted herein. The permissions granted to participants under this section are solely for the purposes of promoting Reflexiv+ products within the framework of the promotional code program and do not extend to any other use.

  1. Dispute Resolution

Commitment to Fair Resolution:

Reflexiv+ is dedicated to resolving disputes with participants in a fair, timely, and efficient manner. Should a disagreement arise, the following procedures outline the steps to be taken to resolve the matter.

Initial Dispute Notification:

  • Participants are required to notify Reflexiv+ of any dispute or disagreement concerning the promotional code program in writing within thirty (30) days of the incident that gave rise to the dispute.
  • Upon receipt of such notification, Reflexiv+ will engage in good faith negotiations to resolve the dispute.

Informal Resolution Attempt:

  • Both parties agree to attempt to resolve any disputes informally first, which includes direct communication and, if necessary, mediation. Reflexiv+ will provide a point of contact for such discussions.

Formal Dispute Resolution:

  • If the dispute cannot be resolved informally, the parties agree to submit the matter to binding arbitration. The arbitration will be conducted by a neutral arbitrator, in accordance with the rules of the American Arbitration Association (AAA) or another recognized arbitration institution, mutually agreed upon by the parties.
  • The arbitration will take place in the jurisdiction where the Company is headquartered, unless both parties agree to an alternate location.
  • Participants agree that they will be responsible for

their own attorney fees, and the costs of the arbitration will be shared equally between the participant and Reflexiv+, unless the arbitrator determines that the costs should be otherwise allocated.

  • The arbitrator’s decision will be final and binding on both parties, and the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Limitation on Class or Representative Actions:

  • Participants agree to resolve any disputes on an individual basis only, and not as part of any class, consolidated, or representative action.
  • The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions to Arbitration:

  • Either party may seek relief in a small claims court for disputes or claims within that court’s jurisdiction.
  • Both parties retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual

property rights.

Governing Law:

  • These dispute resolution procedures and the arbitration agreement are governed by the Federal Arbitration Act to the maximum extent permitted by law.
  • If the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding will be brought in the federal or state courts of Reflexiv+’s headquarters’ jurisdiction. You and Reflexiv+ consent to venue and personal jurisdiction there.

Opt-Out of Agreement to Arbitrate:

  • Participants may opt out of the agreement to arbitrate by providing written notice of their decision within thirty (30) days of the date that they first consent to this dispute resolution procedure.

Modification of Dispute Resolution Procedure:

  • Reflexiv+ reserves the right to modify this dispute resolution procedure in its Terms of Service. However, such changes will not apply to disputes of which we had notice on the effective date of the change.

Participant Acknowledgment:

  • By engaging with the Reflexiv+ promotional code program, participants acknowledge and agree to the dispute resolution procedures as described in this section.
  • This Dispute Resolution section will survive any termination of your participation in the program or the termination of the Terms of Service.

Your agreement to this Dispute Resolution section constitutes an agreement to engage in a dispute resolution procedure, which is a transaction involving interstate commerce and shall be subject to the Federal Arbitration Act.

  1. Modifications and Termination of the Program

Flexibility of Program Terms:

Reflexiv+ reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms of Service and the structure of the promotional code program at any time. We understand that changes can impact our participants, and we are committed to implementing changes responsibly and transparently.

Notification of Changes:

  • Any significant changes to the program or the ToS will be communicated to participants through email, program dashboard notifications, or a notice on our website. We encourage participants to regularly review the ToS for any updates.
  • The date of the last modification will always be posted at the top of the Terms of Service.

Program Termination:

  • Reflexiv+ may terminate the promotional code program or any part thereof, for any reason, including but not limited to changes in market conditions, legal constraints, or business strategy adjustments.
  • In the event of program termination, participants will be notified at least 30 days in advance through their registered email and announcements on our platform.

Effects of Program Termination:

  • Upon termination of the program, participants will have a specified period to redeem any accrued benefits or commissions, after which all unredeemed benefits may expire.
  • Reflexiv+ will make reasonable efforts to ensure that participants are able to redeem valid and accrued benefits subject to the terms of the program.

Participants’ Acknowledgment:

  • By participating in the Reflexiv+ program, you acknowledge and agree that Reflexiv+ may, in its sole discretion, modify or discontinue the program, and that Reflexiv+ will not be liable to you or any third party for any such modification or discontinuance.

We appreciate the trust you place in us by participating in the Reflexiv+ promotional code program and are dedicated to ensuring transparency and fairness in all our program-related changes.

  1. Compliance with Educational Institutions’ Policies

Alignment with Institutional Policies:

Reflexiv+ is dedicated to operating in harmony with the policies and regulations of educational institutions. Our program is designed to support athletes in their pursuit of education while respecting the rules that govern amateurism and scholarship within their educational environments.

Adherence to Amateurism:

  • Participants are responsible for ensuring that their participation in the Reflexiv+ promotional code program does not violate the amateur status requirements set forth by their educational institution or any governing athletic bodies.
  • Reflexiv+ requires all participants to declare any affiliations with educational institutions and to provide assurance that their participation in our program is in compliance with such institutions’ regulations.

Educational Institution Approval:

  • If required by the participant’s educational institution or athletic body, Reflexiv+ may seek direct approval or acknowledgment from the institution to ensure compliance with its policies.
  • Participants must obtain any necessary approvals or confirmations from their educational institutions that the receipt of funds through our program is permitted.

Monitoring and Reporting:

  • Reflexiv+ will establish processes for monitoring compliance with educational institution policies and will cooperate with institutions to report earnings or contributions made on behalf of participants.
  • We will provide necessary documentation to educational institutions to facilitate their oversight and compliance checks.

Changes in Policy:

  • Participants are required to inform Reflexiv+ of any changes to their educational institution’s policies that may affect their participation in our program.
  • Reflexiv+ will adapt its program to reflect any new policies or regulations communicated to us by educational institutions or participants.

Training and Resources:

  • Reflexiv+ will provide participants with information and resources to help them understand the compliance requirements related to their participation in the program.
  • We will conduct regular reviews of our program to ensure alignment with evolving educational policies and regulations.

Sanctions for Non-Compliance:

  • Any participant found to be in violation of their educational institution’s policies as a result of participating in the Reflexiv+ program may face sanctions, including disqualification from the program and forfeiture of accumulated funds.
  • Reflexiv+ will not be held responsible for any penalties or actions taken by educational institutions against participants who fail to comply with their institution’s policies.

Participant Acknowledgment:

  • By participating in the Reflexiv+ program, participants affirm their commitment to comply with all policies of their educational institutions.
  • Participants agree to release Reflexiv+ from any liability related to non-compliance with educational institution policies and understand that it is their responsibility to maintain eligibility as per their institution’s standards.

We at Reflexiv+ take pride in our role in supporting student-athletes and are committed to ensuring that our program remains a beneficial and compliant tool for their educational advancement.

  1. Limitation of Liability

Scope of Liability:

Reflexiv+ is dedicated to providing a robust and fair promotional code program. However, it is important for participants to understand that our liability is limited in certain respects. This Limitation of Liability clause outlines the extent to which Reflexiv+ can be held responsible for issues arising from the use of the promo code or participation in the program.

Limitation on Direct Liability:

  • Reflexiv+ shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to, use of, or inability to use the promotional code program, or any errors or omissions in the content thereof.
  • This limitation applies to damages for loss of profits, goodwill, use, data, or other intangible losses, whether in an action of contract, negligence, or other tortious action, even if Reflexiv+ has been advised of the possibility of such damages.

Liability in Relation to Third-Party Actions:

  • Reflexiv+ is not liable for any actions, claims, damages, costs, or liabilities arising from the unauthorized use of the promo codes by third parties, or for any fraud, manipulation, or other unauthorized activity that occurs without the direct involvement of Reflexiv+.

Limitation in Case of System Failure:

  • Reflexiv+ shall not be liable for any failure of the program that results from accidents, acts of God, direct acts of third parties, equipment or software failures, or other causes beyond our reasonable control.

Product Liability:

  • Reflexiv+ disclaims all liability in connection with any harm, loss, or damage of any kind arising from the use of products purchased using the promotional codes, to the extent permitted by law.

Compliance with Institutional Policies:

  • Reflexiv+ shall not be held responsible for any participant’s non-compliance with the policies and regulations of their educational institution or any governing athletic bodies.

Participant Responsibilities:

  • Participants are responsible for ensuring their use of the promotional codes complies with all applicable laws and regulations. Reflexiv+ is not liable for any participant’s failure to comply with such laws and regulations.

Acknowledgment of Risk:

  • Participants acknowledge that they participate in the Reflexiv+ program at their own risk and agree that Reflexiv+ shall not be liable for any risks associated with the program.

Legal Maximum:

  • In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Reflexiv+’s liability is limited to the greatest extent permitted by law.

Participant Acknowledgment:

  • By participating in the Reflexiv+ program, participants agree to the terms of this Limitation of Liability clause, acknowledging that Reflexiv+ is not liable beyond the terms outlined herein.
  1. Customer Support and Contact Information

Commitment to Participant Support:

At Reflexiv+, we are dedicated to providing exceptional support to our participants. If you have any questions, concerns, or need assistance with any aspect of the promotional code program, our customer support team is here to help.

Contact Methods:

  • Email Support: For inquiries, support requests, or feedback, participants can reach us at [info@email.com]. Our team aims to respond to all emails within 24-48 hours.
  • Online Contact Form: Additionally, a contact form is available on our website refelxivplus.com. Please fill out the form with your query, and our support team will get back to you as soon as possible.

Program Dashboard Support:

  • For immediate assistance, participants can access a FAQ and support section within their program dashboard. This resource contains answers to common questions and guides on program participation.

Feedback and Suggestions:

  • We value your feedback and are continually looking to improve our program. Please feel free to share your suggestions or feedback through any of our contact channels.

Escalation Procedures:

  • If your concern requires escalation, our customer support team will forward it to the appropriate department or management level to ensure it is addressed promptly and effectively.

Participant Acknowledgment:

  • By participating in the Reflexiv+ program, participants acknowledge that they understand the available support channels and agree to utilize these resources for any program-related inquiries or issues.

We are committed to ensuring that your experience with the Reflexiv+ program is as smooth and enjoyable as possible. Our customer support team is always ready to assist you and provide the necessary guidance to help you maximize the benefits of our program.