Ron Clark Academy

Terms and Conditions

Thanks for using RCA House Points.

Please read these Terms carefully. By using RCA House Points or signing up for an account, you're agreeing to these Terms, which will result in a legal agreement between you and RCA House Points ("Agreement"). We'll start with the basics, including a few definitions that should help you understand these Terms. RCA House Points ("RCA House Point System," "Ron Clark Academy House Point System," "Ron Clark Academy House Points," "Ron Clark Academy," "we," or "us") is an online application platform (the "Service," "application," "software," "system") offered through the URL www.rcahousepoints.com (we'll refer to it as the "Website") that allows you to, among other things, manage, create, and monitor houses(Rêvuer, Isibindi, Amistad, and Altruismo) within a school (public, private, boarding, or independent). RCA House Points is an entity of the Ron Clark Academy, which is a registered nonprofit organization in the state of Georgia. RCA House Points has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member" according to this Agreement (or "you").

These Terms of Use ("Terms,") define the terms and conditions under which you're allowed to use the Service in accordance with the Agreement, and how we'll treat your account while you're a Member. If you don't agree to these Terms, you must immediately discontinue your use of the Service.

Account

1. Eligibility

In order to use the Service, you must:

be at least eighteen (18) years old to create an account and able to enter into contracts;
complete the registration process;
agree to these Terms;
provide true, complete, and up-to-date contact and billing information;
be based in the United States; and
not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations and also not encourage or permit anyone else to do so. Note that by representing and warranting, you are making a legally enforceable promise.

RCA House Points may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Terms

When you sign up for the Service and agree to these Terms, the Agreement between you and RCA House Points is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have an RCA House Points account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

3. Closing Your Account

You or RCA House Points may terminate the Agreement at any time and for any reason by terminating your RCA House Points account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we'll refund a prorated portion of your monthly prepayment. We won't refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 12 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Modification to Agreement

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We'll post notice of modifications to this Agreement on this page or elsewhere in the Services and/or as required by law. Changes will become effective when you continue to use the Service following notice of the change. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

Ron Clark Academy House Point System will not change how information contained in student data are used or shared under these Terms of Service without advance notice, including prominent notice to affected Users. If a change with respect to how information contained in student data is used or shared under these Terms of Service has a material adverse impact on the students, School Personnel or Institution and the School Personnel or Institution does not agree to the change, the School Personnel or Institution must notify Ron Clark Academy within thirty days of receiving the notice of change as described under the caption "Contact Information" below. If School Personnel or Institution notifies Ron Clark Academy as required, then the School Personnel or Institution will remain governed by the Terms of Service in effect immediately prior to the change until the end of the then current Term. If the Service is renewed, they will be renewed under Ron Clark Academy House Point System's then current Terms of Service.

5. Account and Password

You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account (other than activity that RCA House Points is directly responsible for that isn't performed in accordance with your instructions), whether or not you authorized that activity. You'll immediately notify us of any unauthorized access or use of your accounts. We're not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don't have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes

We don't know the inner workings of your organization or the nature of your personal relationships. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we'll require you to resolve the matter through proper channels outside of RCA House Points.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.

Payment

7. Monthly Plans

When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.

Our charges for Monthly Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the "Pay Date"). If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next Pay Date. If the Term ends before that payment is due, you'll still be required to make one payment at the higher level.

8. Credit Cards

As long as you're a Member with a paid account or otherwise have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we're authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.

9. Refunds

We'll give you a refund for a subscription if we stop providing the Service and terminate your account without cause. You won't be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.

10. Charges for Add-Ons

If you use an Add-on that has a charge, then you'll be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Monthly Plan or other Services, and certain Add-ons may require upfront payment for their entire billing cycle.

11. Billing Charges

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don't include sales or other transaction-based taxes of any kind.

Rights

12. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren't limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). You may only use our brand assets according to our Brand Guidelines

13. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to RCA House Points in the course of using the Service ("Content"). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement.

14. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

15. Right to Review Content

We may view, copy, and internally distribute Content from your account to create algorithms and programs ("Tools") that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.

16. Right to Review Accounts

We may view or access your system with permission of the school's system administrator. Access to your system can be for various reasons including access for technical support, to remove malicious users, and to advance RCA's internal efforts to determine whether users and school are in compliance with the provisions of the federal Family Educational Rights and Privacy Act (FERPA), and the Children's Online Privacy Protection Act (COPPA).

Rules and Abuse

17. Eligibility

By agreeing to these Terms, you promise to follow these rules:

You won't misuse our RCA House Points ("RCA House Points Systems") software for derogatory, threat of Physical Harm, or Hateful Content purposes as defined by our team solely.
RCA House Points doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you distribute any Content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a RCA House Points Member, please report it to our abuse team at requests@ronclarkacademy.com. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright and Trademark Policy.

19. Bandwidth Abuse/Throttling

You may only use our bandwidth for your RCA House Points images. We provide image and data hosting only for your RCA House Points, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

20. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You're responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations (like HIPAA) and you use the Service, then we won't be liable if the Service doesn't meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce.

If you collect any personal information pertaining to a minor and store such information within your RCA House Points account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an "EEA Member") in creating your Campaign distribution list, sending Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to RCA House Points that:

You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to RCA House Point's Privacy Policy.
You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to RCA House Points and to enable such data to be lawfully collected, processed, and shared by RCA House Points for the purposes of providing the Service or as otherwise directed by you.
You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable RCA House Points to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Statement.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.

United States Federal and State Education Privacy Laws

Ron Clark Academy House Point System, in its role as a vendor to educational agencies and institutions, both public and private entities ("Educational Agencies"), receives disclosures from the Educational Agencies, which include the personal information and other data ("Student Data") contained in student records as well as directly from students and parents of students. Only information that is needed for Ron Clark Academy House Point System to perform services, which are outsourced to Ron Clark Academy House Point System by the Educational Agencies, is disclosed to Ron Clark Academy House Point System. These disclosures are authorized by the federal Family Educational Rights and Privacy Act (FERPA). Ron Clark Academy House Point System considers Student Data to be strictly confidential and do not use Student Data for any purpose other than improving and providing our products and services to the Educational Agencies or on the Educational Agencies' behalf. Our collection, use, and sharing of Student Data is governed by our contracts with the Educational Agencies, the provisions of FERPA, the Children's Online Privacy Protection Act (COPPA), and other applicable state and federal laws and regulations that relate to the collection and use of personal information of students. If you have questions about reviewing, modifying, or deleting personal information of a student, please contact the relevant Educational Agency(ies) directly..

By agreeing to these Terms, you promise to adhere to the provisions of the federal Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA), and other applicable state and federal laws that relate to the collection, distribution, and use of personal information of students while using the Ron Clark Academy House Point System application.

RCA disclaims any and all responsibility for third party school's use of the services and compliance with these laws.

21. Export Controls

The software that supports the Service (the "Software") is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, "Export Control Laws"). Therefore, you agree that you won't, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, teacher, staff, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

It's important to note that this Section 21 isn't meant to provide a comprehensive summary of the Export Control Laws that govern RCA House Points, the Service, or the Software. You're downloading and using the Software at your own risk, and it's your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.

22. Postings

To the extent that certain areas of this Site provide Users an opportunity to post messages or other information (collectively, "Postings"), BE ADVISED THAT RON CLARK ACADEMY HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of Ron Clark Academy. To the fullest extent permitted by applicable laws, Ron Clark Academy House Point System shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other users of this Site. Ron Clark Academy House Point System reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby authorize Ron Clark Academy to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Ron Clark Academy or such other parties see fit. You shall have no claim or other recourse against Ron Clark Academy for infringement of any proprietary right in Postings.

23. Information We Collect

Directly from you. We collect information necessary to provide the educational technology services as directed by you. The information collected from you depends on the specific product and what is needed to integrate with your systems and to set up and maintain accounts. This includes information in the following data categories:

Account information: The exact elements will depend on the product and what specific information you as a customer provide us, but often we receive from you include pupil records of students and parents of students enrolled in your school or district, such as directory information, email addresses, student IDs, account credentials, courses students are enrolled in, health information kept in student records.
We also collect employee account information including user names, email addresses and titles to initially set up products and services for you.
Depending on your needs as a customer, we may also collect financial information of students and parents of students as you make available to us in order to provide services.

Indirectly from you. We collect device and usage information when you access and use our products and services, including information that your browser or the mobile app sends when you are using it. This data may include your unique device identifier, IP address, your browser type and configuration, the date and time of your use of the product or service and cookie data. Learn more about our use of cookies in our Cookie Statement.

From third parties. We may receive information from affiliates with Ron Clark Academy House Point System and other third parties. For example, we may receive limited personal information from third-party services that integrate with or complement the Ron Clark Academy House Point System products or services in order to provide you with the best possible user experience.

How We Use This Information We use your information to provide you the features and functionality of the Ron Clark Academy House Point System products and services, as well as to communicate directly with you and allow you to communicate with other Ron Clark Academy House Point System users.

24. Communication

It is necessary for us to use your information in this manner in order to provide you with the services your school district has requested pursuant to its agreement with Ron Clark Academy House Point System. We will use your information to provide you with news and information about new products and services. Any such marketing communications from us may be discontinued at any time. We may also use de-identified and aggregated information to understand and improve our products and services. We may share general customer contact information with certain Partners as is necessary to offer and provide our products and services to our current and prospective clients. No customer data other than general institution contact information is provided for these purposes. For absolute clarity, we do not provide any identifiable student data to any Partners for marketing purposes in violation of FERPA.
We also will use your information to provide you with notifications about our services via text message, SMS, email, etc.

25. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the upon purchase.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.

26. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don't provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn't limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can't guarantee that it'll meet your specific needs.

27. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you've made to us.

28. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

29. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

30. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

31. Disclaimers

We and our Team aren't responsible for the behavior of any third parties, linked websites, or other Members.

Fine Print

32. Notice to U.S. Government End Userss

The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:

only as Commercial Items,
with the same rights as all other end users, and
according to the Terms.

Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is The Ron Clark Academy, 228 Margaret St Atlanta, Georgia 30315.

33. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

34(a). Choice of Law

The State of Georgia's laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.

34(b). Arbitration

If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration governed by the Federal Arbitration Act ("FAA"). You are giving up the right to litigate (or participate in litigation as a party or class member for) all disputes in court before a judge or jury. Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the Parties may enforce the arbitrator's award.

34(c). No Class Action Procedure

Notwithstanding any of the foregoing or any other provision of this Agreement, class arbitration is not permitted under any circumstance. The Parties agree that, by entering into this Agreement, THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

35. Force Majeure

We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

36. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

37. Severability

If it turns out that a section of these Terms isn't enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

38. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won't affect the way the Agreement is interpreted.

39. Amendments and Waiver

Amendments or changes to the Agreement won't be effective until we post revised Terms on the Website. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.

40. No Changes in Terms at Request of Member

Because we have so many Members, we can't change these Terms for any one Member or group.

41. Further Actions

You'll provide all documents and take any actions necessary to meet your obligations under these Terms.

42. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your student lists (each a "List"), we'll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you'll promptly do so.

43. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Anthony Glosson, Kilpatrick Townsend & Stockton LLP, RCA House Points, 1100 Peachtree Street NE, Atlanta, Georgia, 30309.

44. Entire Agreement

The Agreement and any Additional Terms you've agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.

Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Congratulations! You've reached the end.

Thanks for taking the time to learn about RCA House Points' policies.