Fetch Rewards Terms of Service

Effective date: December 11, 2019

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.


SECTION 30 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.


These Terms of Service (the "Terms") are a legal document between you ("you", "your") and Fetch Rewards, Inc. ("Fetch", “Fetch Rewards,” "we" "our", or "us") a Delaware limited liability company.

Fetch may provide services including, but not limited to, the Fetch Rewards™ Program (the "Program") via our websites and mobile applications (“App”) (collectively the "Services") to you subject to these Terms. Fetch is the owner and operator of the Services. Please ensure you read these Terms carefully before using the Services. By using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies, and guidelines incorporated and referenced herein. If you do not agree to all provisions of these Terms, do not use the Services.

    OUR PROGRAM

  1. Your Interaction with Our Participating Brands. Fetch Rewards allows you to engage with our participating brands to acquire points and/or bonus points by purchasing their products. By using our App, website, and/or participating in our Program, you are using Fetch Rewards to intentionally interact with our participating brands on whose behalf we are providing you points and are directing Fetch Rewards to share your personal information with those participating brands. For a list of our participating brands, which we update from time to time, click here. Our participating brands may use your personal information according to their respective privacy policies and you understand that Fetch does not control and is not responsible for such policies. If you are a California consumer and want to learn more about how Fetch Rewards shares your personal information when you intentionally interact with our participating brands, please review our Fetch Rewards’ Privacy Notice for California Consumers.
  2. For Your Personal Use. The Services are for your own use only, and you many not resell, lease, or provide them in any other way to anyone else. You must be of the age of majority in your jurisdiction to use our Services. The Services are not directed at children under 13 years old, and Fetch does not knowingly collect or maintain personal information from children under 13 years of age.
  3. YOUR ACCOUNT

  4. Registration; Registration Data. Subject to your continued compliance with these Terms, you may register for one (1) account with Fetch. If you have been previously suspended, removed, or otherwise deactivated from using the Services, you may not create or register another account to use the Services. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); and (b) maintain and promptly update the Registration Data, and any other information you provide to Fetch Rewards, and to keep it accurate, current and complete. We are not responsible for any loss you suffer as a result of your not keeping your Registration Data current.
  5. Your Account Security. When you create and register your account with us, you choose a user name and password and may choose another device authentication method. You are responsible for maintaining the security of your password and device and to supervise use of your account. You must notify us immediately via the contact information provided below if you suspect any unauthorized use of or access to your account. You will not share or transfer your account or password with or to anyone. We assume that anyone using the Services or transacting through your account is you.
  6. Inactivity of Your Account Your account will be deemed inactive and your then currently existing unused Points will expire if you at any time request to stop participating in the Program by interacting with our Participating Brands as set forth in Section 1 above or if you do not do either of the following in any ninety (90) day period: a) scan, submit, and fully process a receipt for Points using the Services; or b) redeem any Points for a Reward. After sixty (60) days of inactivity, Fetch will provide you thirty (30) days notice by sending an email or text message to the email address or phone number provided in your Registration Data that your account will be considered inactive and your Points will expire. Prior to the effective account inactivation and Points expiration date, you may prevent your account from becoming inactive and your then currently existing unused Points from expiring by doing either of the following: i) logging in to your account and successfully scanning and fully processing a valid receipt for Points (with the Fetch Rewards mobile application); or ii) redeeming your Points for a Reward. While expired Points cannot be recovered, you may reactivate your inactive Fetch account by logging into your account and submitting a receipt (in the Fetch Rewards mobile application). If you reactivate your account, you agree to all the Terms as then currently stated.
  7. POINTS AND REWARDS

  8. How to Earn Points. Fetch’s App allows you to participate in our Program to interact with our participating brands to earn Rewards Points ("Points") from them for purchasing qualifying brands, completing special offers ("Offers"), purchasing qualifying products through FetchPay, or by completing other activities including taking surveys, entering a referral code, or engaging in any other activity as described in our App or Program. For more information on earning points, please review the document "How to Earn Points". In order to earn points, any receipt you scan must contain a description of the product specific enough to confirm that the purchase was made. When you provide Fetch a receipt, by uploading, linking an account with receipt information, or other means made available by Fetch, you allow Fetch to process the information and identify the details printed on that receipt. If you purchased a product qualifying for Points or a valid Offer according to the terms of that Offer, and the receipt clearly describes a qualifying product, we will provide you Points on behalf of the participating brand or in accordance with the Offer. We may not be able to accept or process receipts from some retailers, and so, Points will not be available for submitting those receipts. We do not accept receipts and will not award Points for purchases for transactions that are older than 14 calendar days. You may only upload a maximum of 14 receipts in any seven (7) day period. We do not accept receipts from stores located outside the United States.
  9. Points May Be Redeemed for Rewards. When your Points balance reaches the Minimum Redemption Amount, ("Minimum Redemption Amount" shall mean the minimum value of Points required to redeem any Reward offered in the Services ("Reward"), which is subject to change at any time at the sole discretion of Fetch), you may redeem your Points. Points can only be used in exchange for Rewards and have no other use or value. There is no automatic redemption of Points. No interest is accrued on Points. Points may be redeemed for Rewards at the rate specified in the Services at the time of redemption. Fetch does not guarantee that any particular Reward or Offer will be available on any given product for any specific user at any moment in time. Furthermore, not all Rewards or Offers may be available to all users at all times, and different Rewards or Offers may be available only to certain users. Items for which Rewards are or will be available are subject to change without notice. Fetch reserves the right to change, remove, discontinue or otherwise alter the available Rewards or Offers at any time.
  10. Redemption Process. When you make a request to redeem Points for a Reward, you must elect within the App the Reward, which could be a gift card or other product offered as a Reward, you want to receive in exchange for your Points. Once a redemption request is approved and the Redemption Item is authorized by us, your Points balance will be reduced by the number of Points designated to the Redemption Item selected by you. We are not responsible or liable for any loss or delay of any Redemption Item once you have redeemed your Points. If you have any questions or concerns with the redemption process, you may contact us at support@fetchrewards.com.
  11. No Cash Value; Points Cannot Be Transferred. Fetch Rewards users have no property rights in Points, and Points can only be used as described here. Points have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash. Your Points balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Points of any other member in the Program. Points may not be brokered, bartered, attached, pledged, gifted, or sold. Expired Points cannot be redeemed, and you must be an active member of the Program in order to redeem Points.
  12. Receipt Scanning and Item Accuracy. Receipt scanning technology is not always accurate. If an item is improperly identified, either by product name, size, or price, please consult the appropriate in App process to resolve this inaccuracy. If this does not resolve the issue, please contact our support team. In the Services, the receipt correction processes may not be available for certain receipt types. In addition, you may have a limited period of time, as stated in the App, in which you are allowed to correct your receipt(s). You are responsible for reviewing your scanned receipt to confirm accuracy. Fetch or any other affiliated business, participating brands, and/or retailers are not responsible for any inaccuracies in this process, and resolution through the in-App process and through our support team is your sole remedy.
  13. OUR DIGITAL RECEIPT PROGRAM

  14. Digital Receipt Program Description and Terms The Digital Receipt Program is currently the only way to earn points for online purchases or with the use of digital receipts through our Services. In order to participate in the Digital Receipt Program, you must link your email account(s) or your digital consumer account, such as your Amazon account, where you receive your receipts, to the Fetch App through the in-app process. In so doing, you provide your log-in credentials for that consumer account or email account, and you agree that we act as your agent in accessing relevant receipts through those accounts and processing that receipt information through our Services for you. Accordingly, you authorize Fetch as your agent to access your email account or consumer account, which may include any stores or websites that sell products for which our participating brands award you Points. You represent and agree that in providing any email or consumer account log-in credentials to Fetch that you are an authorized user of that account and that you have the authority to provide Fetch access to that account as your agent. Any information processed from those emails or digital receipts will be used and handled the same as any information you would submit via a paper receipt as set forth in these Terms and our Privacy Policy. Fetch holds your security with the utmost importance, and stores those log-in credentials on your device and not on our systems. Fetch is not responsible for the security of your mobile device.
  15. REFERRAL PROGRAM

  16. Referral Program Description and Terms. From time to time, and at Fetch's sole discretion, we may offer bonus Points, Points, or other rewards when a new user you choose to refer becomes a user of the Fetch Program (a "Referral Program"). Any such Referral Program shall be subject to the additional terms and conditions set forth in the offer or App. You agree that you will obtain all necessary permissions and consents from an individual before referring that individual to us in a Referral Program and inform the individual: (a) that we are not the sender or initiator of any messages or communications to that individual on your behalf; (b) that you are not acting as our agent in sending any such messages or communications; and (c) that you may be receiving a referral bonus if the individual becomes a new user of Fetch. Current or Inactive former users of the Services cannot qualify as new users for purposes of a Referral Program, and any attempt to create referrals to non-existent individuals or to multiple accounts for the same individual will be void and are in violation of these terms. We reserve the right to void or take any other action we deem appropriate with respect to referrals. Fetch may discontinue and/or revoke any Referral Program or incentive program in its sole discretion at any time without notice. Fetch Rewards reserves the right to decline to award referral bonuses, rescind bonus Points credited, or take any other action related to a Referral Program.
  17. FETCH PAY

  18. Fetch Pay Description and Terms. FetchPay allows you to connect with a supported banking institution to purchase items offered as Rewards, such as Gift Cards with participating retailers, for amounts that may vary . By participating in FetchPay, you agree to Dwolla's Terms of Service and Dwolla's Privacy Policy and Plaid's End User Privacy Policy.
    1. Eligibility. Users must be over the age of 18 and be in good standing with Fetch in order to participate in FetchPay. Fetch can deny use or restrict access to FetchPay at any time, for any given reason.
    2. Connecting to Banking Institution. To initiate FetchPay, you must login to your personal account from an accepted banking institution. Fetch is in no way responsible for any issues that may arise with logging into your banking account. FetchPay processes your financial account information via trusted Partners. You provide your financial institution login and other information on FetchPay, which integrates with your financial institution to access your account. You represent and agree that in providing any email or consumer account log-in credentials, that you are an authorized user of that account and that you have the authority to provide Fetch and their Partners access to that account as your agent. We may add or remove supported banking institutions at any time at our sole discretion.
    3. Use of Dwolla. In order to use the payment functionality of the FetchPay application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set forth in the Dwolla Terms of Service. You direct and authorize Fetch to share your personal information and Fetch account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that when you use FetchPay, you will access and manage your Dwolla account through the Fetch Rewards App, and Dwolla account notifications relating to FetchPay will be sent by Fetch, not Dwolla. Fetch will provide customer support for your Dwolla account activity relating to FetchPay, and can be reached at support@fetchrewards.com.
    4. FetchPay Reward Redemption. Fetch uses a Partner to verify availability of funds in your banking account. Available funds in the banking account must exceed the requested amount by a dollar amount determined by Fetch, which may be changed at any time for any reason and without notice. By initiating FetchPay, you are authorizing the Service to take any amount specified or authorized by you out of your banking account. Fetch may limit the total dollar amount per day or per transaction that may be redeemed by any user. Fetch may change this limit at any time, for any reason, and without notice, and may set a different amount for different users. Unless otherwise indicated, Fetch will bill you the purchase price at the time of authorization. You are solely responsible for the purchase of a Reward, including any issues relating to the retailer from whom you purchased the Reward and the amount purchased. All FetchPay transactions are final. Fetch is not responsible for the value of the Reward if lost, stolen, or incorrectly entered. Rewards are not redeemable for cash.
    5. FetchPay Points. FetchPay awards Points on qualifying purchases. The amount of Points awarded is based on a variety of factors, which may change from time to time and for any given reason. At the time of purchase, the total Points to be awarded will be displayed. Fetch will award the Points for purchasing Rewards upon completion of the transaction. Fetch reserves the right to withhold Points for any reason, at any time.
  19. FetchPay User Conduct.By using FetchPay, you agree to adhere to the following:
    1. You will not participate in any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or policies established from time to time by FetchPay
    2. Single user per account; you may not share devices or bank accounts in using FetchPay; you will not utilize others’ accounts and will not allow others to access your account
  20. MISCELLANEOUS

  21. Fraudulent Activity.Any form of fraudulent activity is a violation of these Terms. Fetch may take any action in its sole discretion against any activity it deems fraudulent, including deducting some or all of you Points, terminating your account, and taking any other legal or equitable action which may be available to us. Fraudulent activity includes any action that is deceptive or an attempt to gain Points not in accordance with these Terms and includes but is not limited to, creating fake receipts, fake accounts, submitting altered receipts, submitting receipts for purchases not made by you, and/or buying products and returning them. You may dispute an action that Fetch deems fraudulent by contacting Fetch support (support@fetchrewards.com) within thirty days of Points deduction (or other action) as a result of fraud. After 30 days, you waive any right to future claim or dispute to the deactivation decision by Fetch.
  22. Our Communications with You. We send notices to the email address you maintain in your Registration Data. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside Services ("Messages"). You have control over the Messages settings, and can opt in or out of these Messages through the features available for each specific means of Messaging, such as through the Services or through your devices' operating system. Some Messages are transactional in nature and you cannot unsubscribe from them. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. You are responsible for keeping your Registration Data current to avoid missing notices about your account or changes to our Terms or a notice regarding termination of the Program.
  23. Privacy Policy. Please refer to Fetch's Privacy Policy for information on how Fetch collects, uses and discloses personally identifiable information from its users. By agreeing to these Terms or using the Services, you agree to our collection, use and disclosure of your personally identifiable information and that we have provided you notification of our privacy practices in our Privacy Policy. The Privacy Policy can be found here: www.fetchrewards.com/privacy.jsp
  24. Intellectual Property. Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Fetch Rewards name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of Fetch Rewards or its licensors and are protected by United States and international copyright or trademark laws. All rights to the Content are expressly reserved by Fetch. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Fetch Rewards or any third party without the prior written permission of Fetch Rewards or such other party that may own such patent, trademark, copyright or other proprietary right(s).
  25. Limited License. Fetch Rewards grants you a personal, non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Fetch Rewards is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You may contact Fetch Rewards at support@fetchrewards.com to request permission for uses of Content not included in the license.
  26. Your Warranties. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
  27. Advertisements, Promotions, and Third Party Content. Fetch Rewards may, from time to time, run advertisements and promotions of behalf of third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, parties other than Fetch Rewards, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. All third party content, including without limitation, any descriptions and images of, and references to, third-party products or services available in connection with the Services, advice, recommendation or opinion, Offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such third party content is endorsed by us, nor is there any representation or warranty by us that the third party content is reliable, accurate, timely, complete, effective, or safe for your use. All third party content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any coupon, Offer or promotion featured through the Services are subject to change at any time without notice.
  28. Disclaimer of Warranties. We take reasonable steps to provide the Services in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Services may be incorrect or not current. Further, the Internet has inherent risks, and we cannot guarantee that your access to and use of the Services will be uninterrupted or error free or that the Services, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for reconstruction of any of your lost data. You are responsible for making sure your Registration Data is correct and current. The products that you purchase for Points that may be awarded that are associated with Fetch Rewards Offers are not sold or endorsed by us, and we have no responsibility for them or for any loss or damage you may suffer from purchasing or using them. Fetch Rewards is not responsible for typographical errors or omissions relating to pricing, text or photography. Fetch Rewards is not responsible or liable for any loss or damage of any sort incurred as the result of dealings third party promotions or as the result of the presence of third-party advertisers on the Services. YOUR USE OF THE SERVICES AND THE CONTENT PROVIDED ON THE WEBSITES AND MOBILE APPLICATIONS IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT PROVIDED THROUGH THE WEBSITE AND MOBILE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE SERVICES, THE MOBILE APPLICATIONS OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.
  29. Limitation of Liability. FETCH REWARDS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "FETCH REWARDS PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, CONTENT, OR APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM THAT YOU MAY HAVE RELATING TO THE SERVICES OR MATERIALS IS YOUR RIGHT TO CEASE USE OF THE SERVICES AND MATERIALS.
  30. Indemnification. You agree to defend, indemnify and hold harmless Fetch, its affiliates, officers, gents, employees, and partners arising from or in any way related to any third party claims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services other than as expressly authorized in these Terms of Service, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
  31. User Communications. You may be able to provide responses, comment, or suggestions and submit questions through the Services ("User Submissions"). To the extent you publicly post the User Submissions, you agree that they will not be harassing or otherwise inappropriate or unrelated to the Services. We are not responsible for the content of User Submissions, including their accuracy or quality, but we may monitor the submission of User Submissions in our sole discretion. We cannot control and have no duty to take any action regarding how you may interpret third party User Submissions, and you hereby release us from any all liability relating thereto. You are responsible for all your own activity in connection with the Services. User Submissions will become Fetch’s property. You hereby relinquish and assign to Fetch the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from those User Submissions, including any ideas, concepts, know-how, or techniques contained therein for any purpose.
  32. Linking and Third-Party Websites. The Services may contain links or connections to third party websites or services that are not owned or controlled by Fetch. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Fetch is not responsible or liable for your use of such third-party websites or third-party services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Your interactions with third-party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services (for example, your purchases of goods from your local grocery store), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
  33. Cessation, Suspension, and Termination. You are free, at any time, to stop using the Services by contacting us at support@fetchrewards.com, or if you stop using the App for 90 days or more, your account will automatically become inactive, as set forth above. Fetch may also terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including if you violate any of these Terms. Fetch has the sole discretion to determine whether you are in violation of these Terms. Account termination may result in destruction of any Content associated with your account. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, otherwise harmful to the rights or property of Fetch, or for any other reason deemed reasonable by us. Fetch may also stop providing the Services at any time. If we cease providing the Services, we will notify you at the email address you provide in your Registration Data, and if practicable, we will provide you thirty (30) days notice to make a redemption request (subject to our Minimum Redemption Amount of existing gift card requirement described above). If you do not make a redemption request within such thirty (30) day period, your entire Points balance will expire. If you cancel or inactivate your account, any then currently existing Points will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to our Minimum Redemption Amount of Points balance requirement described above) before cancellation or inactivation.
  34. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Fetch's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations in our sole discretion.
  35. Applicable Law and Venue. Subject to Section 30 below, these Terms are governed by and will be construed under the laws of the State of Wisconsin, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in a court of competent jurisdiction in the State of Wisconsin, Dane County. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Wisconsin.
  36. MANDATORY ARBITRATION; CLASS ACTION WAIVER. You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Madison, Wisconsin, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
  37. INFORMAL RESOLUTION. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except as provided below. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at: Fetch Rewards Inc., Legal Department, 131 W. Wilson St., Suite 400, Madison, WI 53703, Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you. IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICE IS SUBJECT TO SECTION 30 ABOVE.
  38. LIMITED TIME TO BRING A CLAIM. YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
  39. WAIVER OF JURY TRIAL. YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Fetch are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 30 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
  40. Taxes. You agree that you are solely responsible for all applicable federal, state, local or provincial withholding, taxes, and government fees or costs associated with Points or Rewards and any exchanges and distributions.
  41. Changes to the Terms. From time to time you should review the Terms of Service and any changes in policies, guidelines and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the 'last updated' date at the top. If you do not agree to any amended Terms, you must immediately stop using the Services. If you have any questions about the Terms, please submit a request at support@fetchrewards.com
  42. Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms that relate to any disputes between you and Fetch.
  43. Severability. If any provision of the Terms is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms shall be unimpaired and shall remain in full force and effect.
  44. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Fetch agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Fetch, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You agree that Fetch has not made, and you have not relied on, any representation by Fetch relating to the Rewards, the Services, or the Fetchrewards.com website or mobile application other than those expressly set forth in these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Fetch in any respect whatsoever. You and Fetch agree there are no third-party beneficiaries intended under these Terms.
  45. Changes to these Terms. Fetch reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline relating to the Services (including, without limitation, the Privacy Policy (as defined below) at any time and in its sole discretion, including terminating the Program which may result in expiration of any Points accumulated. From time to time you should review the Terms of Service and any changes in policies, guidelines and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the “Effective Date” at the top of the page. If you do not agree to any amended Terms, you must immediately stop using the Services and any balance of Points in your account will expire according to Section 5 under "Inactivity." If you have any questions about the Terms, please submit a request at support@fetchrewards.com. We will attempt to notify you at the email address provided in your Registration Data if there are material changes to our Terms. Unless otherwise specified, and subject to applicable law, any changes or modifications to our Terms will be effective immediately upon posting of the revisions through the Services that are changed or modified, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.
  46. Questions. If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us at: Fetch Rewards, Inc, 131 W. Wilson St., Suite 400, Madison, WI 53703.