The My Oracle Rewards Program Terms (“Agreement”) governs Your participation in the My Oracle Rewards Program. The Agreement includes the terms set out below, the My Oracle Rewards Program Policy and any additional written terms posted on the My Oracle Rewards Program website. This Agreement is not effective until accepted by Oracle. If accepted, Oracle will notify You of the start date for Your participation.

1. Definitions
“Oracle” refers to Oracle America, Inc. “You” and “Your” refer to the individual that wishes to participate in the My Oracle Rewards Program (the “Program”). “Program Policy” means the My Oracle Rewards Program FAQ which is incorporated into this Agreement, is subject to change and may contain additional terms. The Program Policy is available at https://go.oracle.com/myoraclerewards.

2. Eligibility and Enrollment
Employees of Oracle private sector customers, that are not Health and Life Sciences Organizations (public or private sectors) (as defined below), and who are resident in the United States, are eligible to enroll as a customer advocate in the Program subject to the Program Policy. Before enrolling in the Program, we advise You to check Your employer’s guidelines for participation in rewards programs. By enrolling, You represent that You are not prohibited by the terms of Your employment from participating in the Program.

Employees of United States government entities (including federal, state & local, public utility and higher educational entities) are not eligible to enroll in the Program. “Public Sector” refers to any government organization (including federal, provincial, state & local, public utility and higher educational entities), a government-owned or controlled entity (including ownership of 30% or more, voting control, or ability to appoint officers or director), a public international organization, or a political party or candidate for political office. “Health and Life Sciences Organizations (public and private sectors)” refers to healthcare providers (e.g., hospitals, academic medical centers, research organizations, clinics, medical practices, including dental, therapy, chiropractic, and other services), pharmaceuticals, laboratories, medical device manufacturers, health insurers and any other health or life sciences organization that may receive government reimbursements for their product or services.

In order to participate in the Program You must enroll via the Program website at https://go.oracle.com/myoraclerewards. Individuals who participate in other Oracle programs may be ineligible to participate in the Program. You may only enroll using Your employer email address which will be used for all communications related to the Program. Only individuals who meet the eligibility criteria and are accepted into the Program by Oracle will be able to accrue and redeem points (as described below) for completed activities. Acceptance into the Program is at Oracle’s sole discretion, and Oracle reserves the right to prevent any individual who was previously accepted from continuing to participate if Oracle believes that the individual no longer meets the elibility requirements.

You represent that all statements you make about Oracle, its products, or services will represent your honest opinions, findings, and experiences regarding Oracle, its products, or services.

3. Points
The Program awards points (“Points”) for participation in certain Oracle customer reference and marketing activities. The activities and amount of Points awarded for each are described in the Program Policy. You can earn Points for each activity that You participate in as part of the Program. Points will only be awarded for (a) activities initiated and/or approved by the Oracle Customer Reference Program; and (b) activities made available via the My Oracle Rewards Program dashboard.

You will begin earning Points on the date that Your enrollment in the Program is accepted by Oracle. It is Your responsibility to monitor and ensure the accuracy of the Points awarded. Points are valid for twelve (12) months from the date that they are earned. You can earn a maximum of 10,000 Points annually. Oracle reserves the right to review the award of Points and deduct any points that are erroneously claimed and/or awarded.

Points can be redeemed for Oracle branded merchandise and Oracle University vouchers as further described in the Program Policy. Oracle may change the activities for which you can earn Points and the items available in exchange for Points at any time. Points will be redeemed in the order they were earned. By participating in the Program, You represent and warrant that the earning and redemption of Points is not prohibited by the terms of Your employment, contract, law, regulation, practice or any code of conduct and, if necessary, You will obtain Your employer’s approval prior to redeeming Points.

The accumulation and redemption of Points is subject to the terms of this Agreement and the Program Policy. Points cannot be (i) transferred or assigned; (ii) redeemed for cash; (iii) used to pay an Oracle invoice or offset an outstanding debt to Oracle; (iv) used to pay for travel costs related to Oracle activities; or (v) combined with any other discount or other Oracle promotion.

4. Additional Terms and Termination
Oracle reserves the right, in its sole discretion, to modify the Program, the Program Policy, the rules for Points (including earning, redeeming, retaining, using or forfeiting them), the redemption value of the Points, the conditions of participation or any other aspect of the Program, in whole or in part, with or without notice, even though such modifications may affect your ability to earn Points or redeem existing Points. Your participation in the Program is subject to this Agreement, as well as the Program Policy and any procedures that Oracle may adopt or modify from time to time. Your continued participation in the Program following any modification to the Program, the Program Policy or any of these terms will indicate Your acceptance of any such modifications. You may object to the modification to the Program, the Program Policy or any of these terms by emailing Oracle at ask-myoraclerewards_ww@oracle.com and requesting that Your participation in the Program be terminated. If you do so, you will lose any unredeemed Points in your account. Any failure to abide by this Agreement or any policies or procedures implemented by Oracle, any conduct detrimental to Oracle, or any misrepresentation or fraudulent activities in connection with this Program, or failure to act in a manner consistent with federal, state, or local laws, regulations, institutional policies, or ordinances, may result, in addition to any rights or remedies available to Oracle in law or equity, in the termination of participation in the Program, as well as forfeiture of any Points accrued to date, and any other benefits earned in connection therewith, in Oracle’s sole discretion.

Oracle may terminate the Program and this Agreement at its sole discretion. In the event of termination, Oracle will give notice at least thirty (30) days prior to the date that such termination becomes effective (unless a different notice period is required by applicable law), during which time You may still accrue and redeem Points. All Points must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Program or any Points accumulated in connection therewith.

5. Disclaimer of Warranties
ORACLE MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ORACLE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. ORACLE FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. ORACLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

6. Relationship of the Parties
This Agreement does not create a partnership, joint venture, agency, employee/employer, lobbyist/lobbyist employer relationship, or franchisee/franchisor relationship between the parties. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employer, employee, franchisee, or in any other capacity.

7. Relationship of the Parties
For the purpose of or in connection with this Agreement, You understand that Oracle may process Your personal information in accordance with the Oracle General Privacy Policy, available at https://www.oracle.com/legal/privacy/.

8. URLs
It is Your responsibility to regularly monitor all applicable URLs referenced in this Agreement. You confirm that You have access to the Internet and confirm that prior to entering into this Agreement You have read the policies identified in this Agreement and agree to the terms and conditions set out in those policies. You undertake that You will visit the websites referenced above on a regular basis so that You are aware of any amendments Oracle may make to those policies from time to time.

9. Entire Agreement
You agree that this Agreement and the information which is incorporated into this Agreement by written reference (including reference to information contained in an URL or referenced policy), together with any applicable additional written terms posted on the Program site are the complete Agreement and that this Agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding the Program. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of this Agreement. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online by You and an authorized representative of Oracle. Any notice required under this Agreement shall be provided to the other party in writing.

10. LIMITATION OF LIABILITY
ORACLE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, (B) ANY FAILURE OR DELAY BY ORACLE IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON- PERFORMANCE OF THE PROGRAM BY ORACLE, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, Oracle is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

11. Other
a. This Agreement is governed by and construed in accordance with the substantive and procedural laws of the State of California, without giving effect to the conflict of law rules thereof, and shall be deemed to be executed in California. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in San Francisco County or Santa Clara County, California. You and Oracle agree to submit to the jurisdiction of, and agree venue is proper in, these courts in any such legal action or proceeding.

b. You may not assign this Agreement to another individual or entity.

12. Force Majeure
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either of us may terminate this Agreement upon written notice.