Terms of Service and Privacy Policy


TERMS OF USE OF COPYRIGHTED WEB CONTENT

1. Web site Owner

The content of Web site (www.kodinga.com) is the property of TrueURewards, LLC (“Owner”).

2. Intellectual Property Protection

(a) The content of this of this Web Site is protected by copyright laws and other intellectual property laws. (b) The content contains proprietary and confidential information. To preserve its confidentiality, it has been transmitted to you encoded. You shall not disclose or dispose of the content to any third person without the prior express consent of the Owner.

3. Use Rights

(a) Permission is given to user to view the Owner's Web site content, and to save material therefrom for the user's future personal reference. Except for use as personal reference, the user shall not copy, modify, use, or distribute the content, or any portion thereof, in any way without the prior express consent of the Web site owner. (b) The content is to be used for the user's personal non-commercial use only.

4. Prohibited Uses

(a) The content on this web site may not be reproduced, re-transmitted, distributed, disseminated, or circulated to anyone without the express permission of the Owner, except that the user may disseminate an insubstantial portion of content for a noncommercial purpose, in non-electronic form, to a limited number of persons, provided all copyright and other proprietary rights notices are included with such portion of the content in the same form in which the notice appears on the screen.

TERMS AND CONDITIONS OF MEMBERSHIP

The use of www.kodinga.com is subject to the following terms and conditions: www.kodinga.com is owned and operated by TrueURewards, LLC. (referred to as ‘we’ or ‘us’ below). By entering our site or enrolling, you as a user (referred to as ‘you’ below) are accepting these terms and conditions:

1. Site Membership & Termination of Accounts

One account is allowed per individual legal person.

www.kodinga.com is marketed toward United States of America consumers. Cash rewards are paid in United States (USD) Dollars. Although Retail Merchants selling their products on Kodinga.com may allow transactions originating from outside the United States of America, these participating Retail Merchant may not choose to ship to an address outside to United States of America and/or may refuse to pay rewards on transactions originated outside the United States of America or by purchasers residing outside the United States of America.

Payments of monetary rewards to eligible Members residing outside the United States of America may only be made through PayPal™. Members residing outside the United States of America are responsible for all transaction costs imposed by PayPal™, including, but not limited to, currency exchange rate determinations by PayPal™ when converting monetary rewards payable in United States Dollars into a foreign currency at prevailing market exchange rates at the time of the transfer, fees imposed by credit card processors or transaction fees and taxes imposed by government instrumentalities that PayPal™ may be required to collect and remit by law on behalf of any federal, state or local government instrumentality.

Members are responsible for ensuring compliance with all international, federal, state and local laws surrounding the transportation of retail products purchased from Retail Merchant in the United States of America including, but not limited to, any import or export duties, taxes and any other fees associated with the exportation, transportation or importation of products purchased from participating Retail Merchants in the United States of America and subsequently delivered to any foreign destination by the purchaser or their agent.

We reserve the right to refuse membership to any person for any reason, or no reason, including, but not limited to, account inactivity for a period of more than 180 days, incorrect Member contact information or spam blocking official Kodinga.com email correspondence as allegedly junk, abusive or spam email.

2. Cashback Rewards

As an enrolled Kodinga member you may earn a reward from participating Retail Merchant as according to the terms and conditions described on the www.kodinga.com website.

Items you purchase on Kodinga.com involve the purchase of merchandize directly from participating Retail Merchants on Kodinga.com. Kodinga.com does not sell retail merchandise; rather, we provide a platform for retailers to reach individual consumers in order to sell their merchandise at a discount. We pass on the cashback we earn from merchants and their tracking agencies for your applicable transactions, where the credit can be traced directly to your account by means of an identification tag provided in the reports of the merchants and their tracking agencies.

From time to time merchants may increase or decrease the commission paid in which case the cashback offer illustrated on our site may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the website, however we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the commission reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay cashback on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding cashback.

Applicable transactions for cashback can be defined as transactions that fulfil the following criteria:

(a) Transactions which are tracked directly back to your account by means of an identifying tag, as reported to us by the merchants and/or their tracking networks. Please note that you must be logged into our site at the time you click through to the merchant in order to have your transaction tracked by means of the identifying tag.

We will however, take reasonable measures to warn you if you are clicking through to a merchant whilst not logged into the Kodinga website.

(b) You also must click through to the merchant via the main ‘Continue’ or ‘Continue to Merchant’ buttons on our site. If you click through via a sponsored advert on our website, then no commission or cashback will be earned. We will endeavor to make clear which links are advertising links and therefore will not be applicable links for earning cashback.

(c) Certain repeat purchases also may not qualify for cashback and you must purchase for genuine reasons. You must complete your transaction after clicking directly through to the merchant from whom you wish to purchase (not via any other third party sites) from the Kodinga website and purchases must then be completed immediately and wholly online.

(d) If your account is terminated or disabled for any other reason, then your cashback will be forfeit and any further transactions which might otherwise become credited to your account will not be deemed to be applicable.

Please note that you can maximize your chances of earning commission over several purchases if you click through to the merchant site from Kodinga directly before each purchase.

We cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine, i.e. an attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the merchant and may be discretionary.

If you are associated with more than one Kodinga account (i.e husband and wife) then allowed transaction recurrences may be determined across these multiple accounts as part of fraudulent usage prevention.

Whilst we will endeavor to recover non-payments from the retailer, the decision of ourselves, the retailer or retailer’s tracking agent is final. Whilst we will try and recover missing cashback, at any point we reserve the right not to chase missing cashback claims, particularly where no purchase has been made.

Where a cashback enquiry has been successfully paid by a merchant, you may receive a lower amount than expected, this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a merchant still hasn't paid a manual cashback claim after a period of six months then we reserve the right to close the enquiry claim.

Kodinga reserves the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a merchant or its agencies.

For referrals to be paid, the referred member must meet certain criteria such as minimum thresholds as detailed in the referrals section of our website along with exclusions of certain merchants or transaction types. Only referrals for genuine signups will be paid.

Referral bonuses earned through commercial means, including, but not limited to, comparison websites, will earn no more than $5 per referral subject to minimum thresholds, regardless of whether a ‘consumer member’ service email highlighting a higher rate has been received by the account holder, unless express written consent is given and signed by us. Any commercial company that tries to bypass or behave fraudulently towards this policy may be served notice to terminate their relationship with us immediately. Multiple accounts created for use by the same person or any fraudulent sign-ups will result in termination of your account. The criteria used to determine referral thresholds may be adjusted at any time. Please also see our Referral Terms from the Tell-A-Friend section before sending any invites.

Where a coupon code (also known as discount code or voucher code or other variations) has been advertised on the Kodinga website, either posted by Kodinga itself or by another member, Kodinga cannot be held responsible for the validity of the coupon code. The benefit implied by the coupon code cannot retrospectively be applied.

Further, Kodinga cannot be held responsible for any loss of cashback or loss of any other benefit which might otherwise have been gained had a supplied coupon code not been used.

For the avoidance of doubt and notwithstanding any other provision of this Agreement or the Website, you agree that in all circumstances payment of Cashback is at our sole discretion and further we may refuse to make payment of Cashback to you for any reason including but not limited to non-payment or late payment by the Merchant.

3. Payment Schedule

Cashback payments will be issued quarterly, and once we are paid by the merchant, and once your balance exceeds five ($5.00) United States Dollars. You will be able to request a cashback payment once you have any PAYABLE funds in your account. Once a payment has been made there will be a small period before you can request your next payment.

Commission payments received by ourselves are held as our funds until such time as they are sent in the form of cashback to our members.

Should a retailer delay payment or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to payment until funds have been received from the retailer or their agents.

Individual payment methods may be limited or withdrawn on a discretionary basis to ensure only localized payment methods are made as per our membership terms. You must keep payment details accurate to avoid losing any due payments. Payments made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays, in payment. At any point we reserve the right to put payment requests on hold pending any investigation; this may be the case where unusual account activity is detected and verification is therefore required in order to deem transactions as genuine.

It is your responsibility to ensure that any tax that may be due is paid accordingly.

4. Dormant or Abandoned Accounts

In order to minimize our administration overhead, or for any other reason, we reserve the right to terminate dormant accounts. In order to keep an account active and ensure it doesn’t get marked as dormant, we do not require purchase transactions, but we do require you to simply log into your account at least once every six (6) months. Failure to log into your account less than at least once every six (6) months may be regarded as an abandonment of your account and you agree to relinquish your account balance and assign the same to TrueURewards, LLC and forfeit any and all unclaimed property rights associated with your account in the event that an account is abandoned.

5. Modification of Agreement

We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website. The new terms will come into effect no later than 30 days after the modification.

6. Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement

7. Privacy Policy

Our Privacy Policy outlines exactly how we handle your account information and the steps we take to ensure your privacy.

8. Copyright

www.kodinga.com is protected by copyright. The site, in whole or in part, is for your personal use only. You may not reproduce, or make available any part of the site, with or without amendments, other than for your own private use. Nor may you reproduce or make available any of the data contained within the site without our express written consent.

You may not distribute or commercially exploit this site, without the express written consent of TrueURewards, LLC. We reserve all other rights.

9. Linking from External Websites

www.kodinga.com is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.

10. Links to External Websites

www.kodinga.com links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content.

We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.

11. Un-Authorized Use Of Our Website

If it is found that the Kodinga website is being tampered with in any way including modification of URLs, posting unauthorized URLs on public media, pages being spidered, email cloaking, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any earnings may become forfeit.

To protect our merchants, any suspected abuse of an offer may lead to transactions being revoked. Any transaction deemed to be of a suspicious nature may require verification by us and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies.

Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by TrueURewards, LLC or other entities. Where this is the case then you will be required to update this to a suitable name.

Impersonation of Kodinga within www.kodinga.com or external sites will not be tolerated. If a member is found to be impersonating Kodinga, and therefore misleading other members, then action may be taken and the account in question may be terminated.

12. Virus Disclaimer

We take all reasonable effort to test material before placing on our website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this website.

13. Disclaimer

The www.kodinga.com website is provided ‘as is’, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of www.kodinga.com.

These terms and conditions shall be governed by the laws of the State of Georgia of the United States of America. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Georgia. You hereby consent to the exclusive jurisdiction of the State of Georgia courts in all disputes arising out of or relating to the use of this website. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

ONLINE PRIVACY NOTICE

1. Introduction

(a) Web Site Owner. TrueURewards, LLC ("TUR") is the owner of this web site ("www.kodinga.com"). TUR can be contacted by mail at 1123 Zonolite Road, Suite 8A, Atlanta, GA 30306 by e-mail at info@kodinga.com. This online privacy notice discloses TUR information practices for this TUR Web Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared.

(b) Information Collection. TUR collects certain information from TUR Web Site visitors. This includes, but is not limited to, the home server domain name, e-mail address, computer and web browser, what pages visitor accessed, and limited information about search requests. This information is used to solve technical problems and to calculate overall usage statistics.

(c) Web Site Transactions. At times, TUR will need personal information regarding a customer or a prospect. For example to process an order or provide a subscription, TUR may need to know a customer's name, mailing address, e-mail address and credit card details. It is TUR's intent to inform you now before TUR collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, TUR will respect your wishes.

(d) Third Party Certification. TUR is a member of the [] an independent, nonprofit organization that promotes privacy policies of disclosure and informed consent. TUR also abides by the Safe Harbor framework as set forth by the United States Department of Commerce regarding the collection, use and retention of information collected from the European Union. 2. Personal Information That May Be Collected

(a) Identifying Information. In order to make a purchase or "to access designated subscriber services and /or restricted areas within the TUR Web site", TUR may request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, User ID name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. TUR may request additional information necessary to establish and maintain customer's account.

(b) Service Quality Monitoring. Some Web site transactions may require a customer to telephone TUR, or TUR to call the customer. TUR will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is TUR's practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.

(c) Minors TUR does not collect or maintain information from users actually known to be under the age of 13, and no part of TUR's Web sites are structured to attract anyone under the age of 13.

(d) Links to Other Web Sites. A TUR Web site may contain links to other web sites. TUR is not responsible for the privacy practices, customer information collected and retained or the content of those other Web sites.

3. Uses Made of the Information

(a) Limited Uses Identified. Without customer's prior consent, TUR will not use your personal identifiable information for any purpose other than that for which it is submitted. TUR uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping. TUR also processes billing and business requests related to TUR Web Site participation.

(b) Information Collection. The information you provide to the TUR Web site may also be collected, used, analyzed and/or processed by TUR, or selected third parties on TUR's behalf, for marketing and other business purposes. Before TUR uses the information, however, TUR will notify customers and offer customers the opportunity opt-out if a customer wishes not to have personal identifying information used in this way.

(c) Stored Information Uses. TUR stores the information entered on the TUR Web site". This information is used to compile a customer's purchase history in order to enable TUR to recommend products, services, or special offers that would be of interest to a customer.

(d) Online Advertising. Some companies that help TUR deliver interactive on-line advertising, such as banner ads, may collect and use information about TUR's customers to help TUR better understand the types of advertising or promotions that are most appealing to TUR's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please mark an "x" on the opt-out option box herein provided.

4. Disclosure of the Information

(a) Within Corporate Organization. TUR is a multinational organization, with legal entities, business processes, management structures, and technical systems that cross borders. TUR may share your personal information within the TUR corporate organization, and may transfer the information to countries in the world where TUR conducts business. Some countries may provide less legal protection for customer personal information.

(b) Mergers and Acquisitions. Circumstances may arise where for business reasons, TUR decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is TUR's practice to seek appropriate protection for information in these types of transactions.

(c) Agents. TUR employs or engages other companies and individuals to perform business functions on behalf of TUR. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.

(d) Affiliated Businesses. TUR works closely with affiliated businesses operating web site stores, providing services or selling products on each other's Web sites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.

(e) Marketing Analysis by Third Parties. TUR reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.

(f) Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.

5. Use of Computer Tracking Technologies

(a) No Tracking of Personal Information. TUR's Web Site(s) are not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs, TUR does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.

(b) Use of Cookies. TUR, or its third party vendors, collect non-identifiable and personal information through the use of various technologies, including "cookies." A cookie is an alphanumeric identifier that a Web site can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by TUR or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Web sites may not then work properly.

(c) Use of Web Beacon Technologies. TUR may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web site, a non-identifiable notice of that visit is generated which may be processed by TUR or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

(d) Collection of Non-Identifiable Information. TUR may collect non-identifiable information from user visits to the TUR Web site(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on TUR Web site(s); Web site and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." TUR or its contractors may use this data to analyze trends and statistics

(e) Collection of Personal Information. TUR collects personal identifying information from customer during a transaction. TUR may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help TUR understand trends and patterns. This information is not reviewed at an individual level.

6. Information Security

(a) Commitment to Online Security. TUR employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints.

(b) No Liability for Acts of Third Parties. TUR will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, TUR shall not be liable for unauthorized disclosure of personal information due to no fault of TUR including, but not limited to, errors in transmission and unauthorized acts of [TUR staff and/or] third parties.

7. Privacy Policy Changes and Opt-Out Rights

(a) Changes to Privacy Policy. This privacy notice was last updated on November 24, 2013. TUR reserves the right to change its privacy policy statement at any time. A notice of such change will be [prominently] posted on the TUR Web site home page for thirty (30) days prior to the implementation of such change.

(b) Opt-Out Right. Customer has the right at any time to cease permitting personal information to be collected, used or disclosed by TUR and/or by any third parties with whom TUR has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting TUR via e-mail, telephone or certified postal mail. After processing the cancellation, TUR will delete customer or prospective customer's personal information from its data base.

8. Access Rights to Data

(a) Information Maintained by TUR. Upon customer's request, TUR will provide a reasonable description of customer's personally identifiable information that TUR maintains in its data bank. TUR can be contacted by e-mail at info@kodinga.com, or postal mail to 1123 Zonolite Road, Suite 8A, Atlanta, GA 30306.

(b) Corrections and Changes to Personal Information. Help TUR to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that TUR has on file, please promptly e-mail TUR info@kodinga.com and provide the new or correct information.

9. Accountability

(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about TUR compliance with this privacy policy, you may contact TUR by e-mail info@kodinga.com.

(b) Terms of Use. If customer chooses to enter into a purchase order or to subscribe to TUR's services, customer's action is hereby deemed acceptance of TUR practices described in this policy statement. Any dispute over privacy between customer and TUR is subject to the provisions of this notice and to TUR's Terms of Use which is hereby incorporated herein and which can be read at [www.Kodinga.com/terms].

VARIOUS CONTENT DISCLAIMERS

1. General Content Disclaimer

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS." Information Provider makes no warranty or representation regarding the timeliness, content, sequence, accuracy, or completeness of any information or data furnished hereunder.

2. Disclaimer of Warranties

THE INFORMATION CONTAINED IN THE MATERIALS IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Limitation of Liability

Neither TUR nor any of its affiliates, or agents (the "Owner") shall be liable to you or anyone else for any loss or injury arising out of or relating to the information provided on this Web site. In no event will the Owner be liable to you or any third party for any decision made or action taken by you in reliance on the content contained herein. The Owner's liability, if any, arising out of or relating to any kind of legal claim (whether in contract, tort, or otherwise), in any way connected with the content shall be limited to direct damages (excluding, without limitation, consequential, special, incidental, indirect, or similar damages) even if advised of the possibility of such damages, and shall not exceed the amount paid to the Owner for the use of the content in the term immediately preceding the event giving rise to such claim.