Privacy Policy & Terms of Use
Updated January 2020
ATTENTION: PLEASE READ THESE TERMS, CONDITIONS, AND NOTICE (the “AGREEMENT”) CAREFULLY BEFORE USING THE THEFAMILYSAVINGS.COM WEBSITE. THE PRIVACY POLICY AND TERMS OF USE APPLY EXCLUSIVELY TO THE USERS’ (“USER”) ACCESS TO, AND USE OF, THIS WEBSITE. THEFAMILYSAVINGS.COM IS OFFERED TO THE USER CONDITIONED ON USER ACCEPTANCE OF THE TERMS AND CONDITIONS WITHOUT MODIFICATION. BY ACCESSING AND USING THEFAMIYSAVINGS.COM, THE USER IS DEEMED TO HAVE ACKNOWLEDGED AND AGREED THESE TERMS.
WEBSITE CONTENT & OWNERSHIP
THEFAMILYSAVINGS.COM (also referred to as “Company”, “we”, “our”, “us”, or “website”) contains a variety of materials and other items related to third party products and services, including information, text, images, designs, graphics, pictures, advertising, trademarks, logos, and all other forms of intellectual property. THEFAMILYSAVINGS.COM and the content included on this website are owed by THEFAMILYSAVINGS.COM and certain other licensors and third parties. All right, title, and interest in and to the content available via this Website is the property of THEFAMILYSAVINGS.COM or its licensors or certain other third parties and is fully protected by intellectual property rights and laws possible. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer, or sell any information, software, products, or services obtained from this website.
PRIVACY POLICY
THEFAMILYSAVINGS.COM has created this privacy statement in order to demonstrate our firm commitment to privacy. This privacy statement discloses the information collection and disclosure practices for this Website, including your options to control what communications you receive from us and our marketing partners and third parties. By accessing this Website, you expressly consent to the collection and use of information as described herein. We reserve the right to revise this Privacy Policy at any time simply by posting such revision, so we encourage you to review it periodically. We will include the date this Privacy Policy was last updated at the top of this document.
USER AGREEMENT
This Website is NOT intended for use by individuals under the age of eighteen (18) or those who are not legal residents of the United States. By using our website or submitting information to us, you expressly consent to our use and sharing of information collected or submitted as described in this Privacy Policy. If you are not eighteen (18) years of age or older and a valid resident of the United States or you do not agree with the terms of this Privacy Policy, do NOT provide us with any information or use any of the products or services offered or provided on this Website or through our technology.
COLLECTION OF INFORMATION
THEFAMILYSAVINGS.COM provides its Users with interactive features and the ability to subscribe to certain products, programs, and services online. While you may use many of the features of the Website without providing any personal information, we may at times ask you to provide us with the following personal information so that we can perform the service that you request.
We may request, collect and combine personally identifiable information (“PII”) and non-personally identifiable information (“Non-PII”) through various interactive features found on the Website. Please note, PII is data collected with an intention to specifically identify, contact, or locate a person, and such PII information may include, but not be limited to, a User’s name, address, telephone number, email address, fax number, credit card information, and birth date. Alternatively, Non-PII information is data that is not used to specifically identify, contact or locate an individual, including gender, age, and information about your interests in and use of various products, programs, and services.
We will never collect PII from you without your knowledge or consent, and you may always choose not to provide us with this information. Please note, however, that your access to certain features of the Website may be limited if you choose not to provide us with requested information.
WHAT PERSONAL INFORMATION DO WE COLLECT?
When you are registered or sign up as a member (“Member”) on one of our Sites, we will collect and store your personal information, including your name, address, e-mail address, telephone number, and any other information from which your identity is discernible. We will also collect and store payment information, including your credit card number. We may also collect and store demographic information such as your ZIP code, age, gender, and interests. Sometimes we collect or may collect a combination of the two types of information. We also gather or may gather certain information about your use of the Site, such as what areas you visit and what services you use. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include, without limitation, your IP address, browser type, domain names, access times and referring Web site addresses. This data is used to manage the Site, track usage and improve the Site services. Some of this data is linked to your personal information in order to protect Company from fraud.
USE OF INFORMATION
We may use the collected PII and Non-PII for any legally permissible purpose in our sole discretion, including but not limited to the following:
From time to time, we may use the PII and Non-PII provided by our Users to send them information regarding THEFAMILYSAVINGS.COM features and subscriptions. We may use the information provided by you, via any and all mediums for which contact information is provided, to contact you about your account or to notify you if you win one of our contests or sweepstakes. We may also contact you to offer you other products, programs, or services that that may interest you. Additionally, by providing us with information you may be contacted by the following Marketing Partners. Accordingly, by providing information to us and/or registering on the Website, you are knowingly providing your express written consent to be contacted by the Company, or the Company’s marketing partners, with the phone number provided using automated technology regardless of any Federal or State Do Not Call registration. Please be advised, you will always have the choice to opt out of receiving these offers, products, and information. Please see this Privacy Policy’s Contact Us section for additional information.
Our Users have the option to provide their cell phone numbers. Please notice, if you decide to provide your cell phone number, you are providing your express written consent to allow the Company, and third parties acting on behalf of the Company, or a third party marketing partner to contact you at the cell phone number provided, both by a manual or predictive dialer. We may use unique identifiers commonly called “cookies” to identify users and customize their experience on this Website based on information they give us. Cookies are small pieces of information or files that are stored on a user’s computer by the Web server through a user’s browser for record keeping purposes. A cookie itself is not designed or intended to read any information from a user’s computer (other than the contents of the cookie); rather, it is an identifier used by the Website that originally placed it on User’s hard drive. The actual contents of the cookie information can be retrieved by the same website’s web server in order to personalize, monitor, or regulate the use of the website.
SHARING AND DISCLOSURE OF INFORMATION WITH THIRD PARTIES
Company may share your information with the following entities:
• Carefully selected third parties for marketing purposes;
• Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention;
• Business partners with whom we may jointly offer products or services;
• Other companies within our Company network.
You always will be given the opportunity to unsubscribe from commercial messages in any such messages we send you. Please note we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account on one of our Sites or to your transactions on any of the Sites, without offering you the opportunity to opt out of receiving them.
We also may share your information:
• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our Company, our customers, or others; and in connection with our Terms of Service and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. From time to time, Our Company or a partner may sponsor a promotion, sweepstakes or contest on one or more of the Sites. Members may be asked to provide personal information, including name, e-mail address or home address, or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have requested to receive information from.
NEVADA PRIVACY RIGHTS
Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them.
To exercise this right, please contact us:
• By phone at: 1-800-336-8757
• By email at: cs@thefamilysavings.com
• Online at: www.thefamilysavings.com/do-not-sell-my-personal-information
• You may also visit your membership website, if applicable, and click on the link “Do Not Sell My Info”
Residents of California have the following privacy rights:
THE CALIFORNIA CONSUMER PRIVACY ACT
The California Consumer Privacy Act provides that California residents may (subject to certain limitations):
• Request the personal information we collect about them.
• Ask that we delete the personal information we collect about them.
• Opt out of having their personal information sold (We do not sell California residents personal information. We disclose certain information to third parties to support service when an order for service is placed. We share info with our Marketing Partners with consumer consent and California law treats such sharing as a “sale” even if no money is exchanged.)
DO NOT SELL MY INFORMATION
Exercise Your Privacy Rights
When we receive your information, we’ll use it to verify your identity and review your request. You can only submit one type of request at a time. Need to make more than one request? Complete a new submission form for each request. Company will disclose and deliver the required information to consumer within 45 days of receiving a verifiable request from the consumer. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, when consumer is provided notice of the extension within the first 45-day period.When we receive your information, we’ll use it to verify your identity and review your request. You can only submit one type of request at a time. Need to make more than one request? Complete a new submission form for each request.
You can:
• Request the personal information we collect about you.
• Ask that we delete the personal information we collect about you.
• Opt out of having your personal information sold, (We do not sell California residents personal information. We disclose certain information to third parties to support service when an order for service is placed and California law treats such sharing as a “sale” even if no money is exchanged.)
IMPORTANT NOTE REGARDING REQUESTS TO OPT OUT OF SALES
If you submit a request to opt out of having your personal information sold, we will the use the information you provide to verify your identity. After verifying your identity, we will associate the information you provided with information we hold to prevent further sales of that information.
Making a Request
Click here to make a request online. A working email address is required to complete your request online. Call 1-800-336-8757 to speak to a representative if you don’t want to provide an email address.
For each request you submit, we may send a verification email to the email address you provided. This may take up to 72 hours. Check your spam folder if you don’t see it. You’ll have 3 days to verify your email before your request expires. If you don’t, you’ll have to submit another request.
If you are making a request on behalf of another person, please send your request to cs@thefamilysavings.com and include the following information about you and the person on whose behalf you are making the request: full name, mailing address, email address, and phone number. You should also provide proof of your authorization to act on the other person’s behalf. We will contact you for additional information once your request has been received.
PERSONAL INFORMATION WE COLLECT, DISCLOSE FOR A BUSINESS PURPOSE, AND SELL
We collect the categories of personal information about California consumers identified in the chart below. As further set forth in the chart below, in the past 12 months, we have disclosed and sold California consumers’ personal information to third parties for business or commercial purposes.
Categories of personal information |
Collected in the last 12 months |
Categories of sources from which information is collected: |
Business or commercial purposes for collection, use, and sharing: |
Disclosed for business purposes to the following categories of third parties: |
Sold to the following categories of third parties |
Personal and online identifiers (such as first and last name, physical address email address or unique online identifiers |
Yes |
Consumers. Call Centers. Service Providers. Direct Mail Service Bureaus.Commercial Transaction Data Resellers. Government entities-USPS. |
Marketing of Services.Advertising. List Rental. Lead Generation. Direct Mail Solicitations. Account Servicing. Auditing. Customer Service. Legal Compliance. Detecting Security Incidents, Fraud and Illegal Activity. Processing Orders and Payments. Internal Operations. Activities to Maintain and Improve Our Services. Other One-Time Uses. |
Service Providers. Customer Service Call Centers. Third Party Verification Companies. Payment Processors & Gateways. Payment Service Providers. |
Advertising/Marketing Companies. Advertising Networks. Affiliate Networks. Auto Warranty Companies.Internet Service Providers. Cable Service Providers. Collectible Companies. Business Service/Agencies. Business to Business Companies. Communication Service Companies. Consumer Credit Card Companies. Consumer Packaged Goods Companies. Financial Service Companies. Good & Gift Companies. Health & Wellness Companies. Home Security Companies. HomeGoods/ Furnishing Companies. Insurance Companies. Lifestyle & Interest Product Companies. Magazine Subscription Companies. Medical Device Companies. Membership Companies. Not-For-Profit Companies. Tobacco/Cigar Companies. Telecommunication/Cellular Companies. Travel, Leisure & Entertainment companies. |
Categories of information described in Section 1798.80(e) of the California Civil Code (such as bank account number, credit card number, debit card number or any other financial information. |
Yes |
Consumers. Credit Card Processors. |
Market of Services. Account Servicing. Auditing. Customer Service. Legal Compliance. Detecting Security Incidents, Fraud and Illegal Activity. Processing Orders and Payments. Internal Operations. Activities to Maintain and Improve Our Services. Other One-Time activities. |
Service Providers. Call Centers. Third Party Verification Companies. Payment Processors and Gateways. Payment Service Providers. |
Membership Companies. Magazine Subscription Companies. |
Characteristics of protected classifications under California or Federal Law (such as race or gender) |
Yes |
Service Providers. Direct Mail Service Bureaus. |
List Rental |
None |
Health & Wellness Companies. |
Commercial or Transactions Information (such as records of products or services purchased, obtained or considered. |
Yes |
Commercial Transaction Data Resellers |
List Rental. Lead Generation. Direct Mail Solicitations. |
None |
Membership Companies. |
Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement) |
Yes |
Consumers. Call Centers.Internet Service Providers. |
Advertising.Account Servicing.Auditing Related to Our Interaction.Customer Service.Legal Compliance.Detecting Security Incident, Fraud and Illegal Activity.Processing Orders and Payments. Internal Operations.Activities to maintain and Improve Our Services. Other One-Time Activities. |
Service Providers. Payment Processors & Gateways. Data Analytics Providers. |
Advertising Networks. |
Biometric Information (such as call recordings) |
Yes |
Call Centers |
Account Servicing. Auditing. Customer Service. Legal Compliance. Detecting/Protecting Against Fraud. Internal Operations. Activities to Maintain and Improve Our Services. Other One-Time Uses. |
Third Party Verification Companies. Call Centers. |
Membership companies. Magazine Subscription companies. |
Geolocation Information |
Yes |
Internet Service Providers. |
Detecting security incidents, fraud, and illegal activity. |
None |
None |
Other information about you that is linked to the personal information above. |
Yes |
Credit Card Processors.Payment Service Providers. |
Account Servicing. Auditing. Customer Service. Legal Compliance. Detecting/Protecting Against Fraud. Internal Operations. Activities to Maintain and Improve Our Services. Other One-Time Activities. |
Call Centers. Payment Processors and Gateways. Payment Service Providers. |
None |
WHY WE COLLECT, USE, AND SHARE CALIFORNIA INFORMATION
We use and disclose the personal information we collect for our commercial and business purposes, as further described in this Privacy Policy. These commercial and business purposes include, without limitation:
• Our commercial purposes, which include:
o Marketing of services;
o Advertising;
o List rental;
o Lead generation for products/services;
o Direct mail solicitations of products/services;
• Our business purposes as identified in the CCPA, which include:
o Account Servicing;
o Auditing;
o Customer service;
o Legal compliance;
o Detecting security incidents, fraud, and illegal activity;
o Processing orders and payments;
o Internal operations;
o Activities to maintain and improve our services; and
o Other one-time uses.
RECIPIENTS OF CALIFORNIA PERSONAL INFORMATION
We may choose to sell the categories of personal information designated above to the categories of third parties listed below:
- Advertising/marketing companies;
- Advertising networks;
- Affiliate networks;
- Auto warranty companies;
- Internet service providers;
- Cable service providers;
- Collectible companies;
- Business services/agencies;
- Business to business companies;
- Communication services companies;
- Consumer credit card companies
- Financial services companies
- Food & gifts companies;
- Health & wellness product companies;
- Home security companies;
- Home good/furnishing companies;
- Insurance companies;
- Lifestyle & interest product companies;
- Magazine subscription companies;
- Medical device companies;
- Membership companies;
- Not-for-profit organizations;
- Tobacco/cigar companies;
- Telecommunications/cellular companies;
- Travel, leisure, & entertainment companies;
VERIFICATION PROCESS AND REQUIRED INFORMATION
For your protection, we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We may, depending on your specific request, require you to provide, at a minimum, two data elements which we will use to verify your identity.
INTEREST BASED ADVERTISING
We may partner with third-party service providers to serve ads on our behalf on non-affiliated third-party sites. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information we or the online advertising network serving the ad collect about your online activities here and elsewhere over time. For example, anonymous information collected across multiple sites that you visit over time may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. Please note that we do not share any information that identifies you personally with the third-party service providers who serve ads on our behalf. To opt out of these types of ads, please visit the Network Advertising Initiative for information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://optout.networkadvertising.org for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about online behavioral advertising and how to opt-out from online behavioral ads served by some or all participating companies.
SECURITY
We take the protection of your personal information seriously. Our databases are stored in a secure location and your information is guarded by firewalls and other technology. Although we take appropriate precautions to ensure the security of your information, we cannot assure you that the personal information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice.
GENERAL
We reserve the right to deny access to this Website to anyone at any time. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of this Agreement or use of this Website. This Agreement constitutes the entire agreement between the User and Company with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, written, or oral, between User and THEFAMILYSAVINGS.COM with respect to this Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in a judicial or administrative proceeding based upon or relating to this Agreement. Any rights not expressly granted herein are reserved.
APPLICABLE LAW AND VENUE
This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Minnesota. User agrees that any action at law or in equity arising out of or relating to this Privacy Policy can be filed only in state or federal court located the Minnesota and User hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Privacy Policy.
CONTACT US
This Website is owned and operated by Family Savings, Inc. If you have any questions concerning this policy or the content and material on our website, or if you would like to update or delete personal information previously provided, opt out of receiving communications from us, and/or report problems, please contact us at:
Family Savings, Inc. Attention: Customer Relations, TheFamilySavings.com
P.O. Box 201556 Bloomington MN 55420 Phone: 800-419-3084 email: cs@thefamilysavings.com
INCORPORATION OF TERMS OF USE
THEFAMILYSAVINGS.COM’s Terms of Use are hereby incorporated by reference into this Privacy Policy.
TERMS OF USE
These Terms of Use govern your use of this Website, regardless of how you access or use it. By “Website”, we mean the internet domain address within which this Agreement is posted and all features, applications, content, and downloads that are operated by THEFAMILYSAVINGS.COM and that are available through or interact with it, and/or post links to this Agreement.
User represents and warrants that they are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use this Website in accordance with the Terms of Use. If User is under the age of 18, then User’s parents or guardian may be liable for some or all of User’s activities on this Website.
User agrees to be financially responsible for all use of the Website, and User agrees to abide by the terms and conditions of purchase imposed by any supplier with whom User elects to deal, including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of products or services. User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Website.
EXTERNAL LINKS
THEFAMILYSAVINGS.COM may provide links to third party websites from this Website as a service to our Users and is not responsible for the content or information collection practices of those websites. THEFAMILYSAVINGS.COM has no ability to control the privacy and data collection practices of such other websites and the privacy policies of such sites may differ from that of THEFAMILYSAVINGS.COM. Therefore, we encourage you to review and understand the privacy policies of such websites before providing them with any information. From time to time, THEFAMILYSAVINGS.COM may offer promotions, contests, or sweepstakes that are sponsored or co-sponsored by other companies. These companies may have access to the personal information you provide in order to participate in these promotions, contests, and/or sweepstakes. WE DO NOT HAVE ANY CONTROL OVER, AND ARE NOT RESPONSIBLE FOR, OUR SPONSORS’ OR CO-SPONSORS’ USE OF YOUR INFORMATION.
THEFAMILYSAVINGS.COM and Family Savings, Inc. assume no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites.
LIMITATION OF LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN AN EFFORT TO PROVIDE THE BEST PRODUCTS AND SERVICES TO THEFAMILYSAVINGS.COM USERS, CHANGES ARE PERIODICALLY MADE TO THE INFORMATION FOUND HEREIN, AND THEFAMILYSAVINGS.COM AND/OR OTHER THIRD PARTIES MAY MAKE IMPROVEMENTS TO THIS WEBSITE AT ANY TIME. THEFAMILYSAVINGS.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE INCLUSION OF ANY PRODUCT OR SERVICE ON THIS WEBSITE OR ANY OTHER ENDORSEMENT OF A THIRD PARTY’S PRODUCT OR SERVICE SHALL NOT BE CONSTRUED TO BE A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR SERVICE, TITLE, AND NON-INFRINGEMENT AS TO THAT THIRD PARTY’S PRODUCTS. IN NO EVENT SHALL THEFAMILYSAVINGS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
MODIFICATION OF THESE TERMS & CONDITIONS
THEFAMILYSAVINGS.COM reserves the right to change these Terms of Use at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions, and User’s continued use of this Website shall constitute acceptance of such changes.
INDEMNITY
As a condition of use of this Website, the User agrees to indemnify THEFAMILYSAVINGS.COM and Family Savings, Inc. from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of this Website, including, but not limited to, any claims alleging facts that would constitute a breach by User of these terms and conditions.
GENERAL TERMS
If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect. Except as expressly stated herein, the Terms of Use constitute the entire agreement between User and THEFAMILYSAVINGS.COM with respect to this Website.
APPLICABLE LAW AND VENUE
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota. User agrees that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located the Minnesota and User hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
CONTACT US
This Website is owned and operated by Family Savings, Inc. If you have any questions concerning this policy or the content and material on our website, or if you would like to update or delete personal information previously provided, opt out of receiving communications from us, and/or report problems, please contact us at:
Family Savings, Inc. Attention: Customer Relations, TheFamilySavings.com
P.O. Box 201556 Bloomington MN 55420 Phone: 800-419-3084 email: cs@thefamilysavings.com
INCORPORATION OF PRIVACY POLICY
THEFAMILYSAVINGS.COM’s Privacy Policy is hereby incorporated by reference into this Agreement.