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.

Terms of Service

Effective date: February 27, 2018

These Terms of Service (the "Terms") are a legal document between you ("you", "your") and Fetch Rewards, LLC ("Fetch", "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 (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 no use the Services. 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.

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. If you do not agree with the changes or modifications, you must discontinue use of the Services and your account with us, and any balance of Points in your account will expire according to Section 4 under "Inactivity." We will attempt to notify you at the email address provided in your Registration Data when our Terms are changed or modified. 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.

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@shopfetch.com

IMPORTANT NOTICE: These Terms of Service contain certain disclaimers and limitations on our liability and a binding arbitration clause and class action waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Services. These terms only apply to the use of the Services and not to any purchase of qualifying products from third party sellers.

1. Registration Data and Account Security

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"); (b) maintain the security of your password and supervise use of your account; (c) maintain and promptly update the Registration Data, and any other information you provide to Fetch Rewards, and to keep it accurate, current and complete; and (d) notify us immediately via the contact information provided below if you suspect a breach of security, including that your account may have been accessed or used without authorization. You are solely responsible for maintaining the security of your account and maintaining your preference settings. We send notices to the email address you maintain in your Registration Data. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current. You will not share or transfer your account or password with or to anyone, and you must protect the security of your account and your password. We assume that anyone using the Services or transacting through your account is you. You are responsible for any activity associated with your account.

As part of the Services, you may receive push notifications, text messages, picture 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. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. Text messages are used solely as a security feature for two-factor authentication and may not be disabled. Unsubscribing from communication may prevent notices of changes to our Terms or a notice regarding termination of the Program.

2. 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 in accordance with the Privacy Policy. The Privacy Policy can be found here: www.fetchrewards.com/privacy.jsp

3. Rights & Eligibility to use Fetch

Subject to your continued compliance with these Terms, you may register for one (1) account with Fetch for your personal and non-commercial use. You may be able to use your account to access other Fetch Services and applications subject to any terms and conditions provided for such other Fetch Services. If you have been previously suspended, removed, or otherwise deactivated from using the Services, you are not permitted to register another account to use the Services in any way.

4. Points Rewards

General

Fetch has created mobile applications that let our users earn Rewards Points ("Points") for purchasing qualifying brands, and for completing special offers ("Offers") by purchasing qualifying products or by completing other activities including taking surveys, entering a referral code, or engaging in any other activity determined by Fetch in our sole discretion. For more information on earning points, please review the document "How to Earn Points". The receipt containing the purchase must contain a description of the product specific enough to confirm that the purchase was made. When you allow Fetch to process a receipt, by upload, email, linking an account, or other means made available by Fetch, you are allowing Fetch to 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, you will earn the Points associated with that product or Offer.

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 and at the sole discretion of Fetch.) you may redeem your Points. Points have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash. 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 Offers at any time.

Fetch Rewards users have no property rights or other legal interest in the Points for any purpose. All Points remain the sole property of Fetch Rewards until redeemed in accordance with these Terms and any terms of the specific Service or Offer. 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. Points that have expired (see below) are no longer redeemable.

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. You are responsible for ensuring the accuracy and validity of the scanned receipt, and Fetch or any other affiliated business or retailers are not responsible for any inaccuracies in this process. By agreeing to these terms, you agree that Fetch is not responsible or liable for any of the above.

Points Redemption

When you make a redemption request, you must elect within the mobile application which gift card or other product ("Redemption Item") for which you will redeem your Points. Once a redemption request is approved and the Redemption Item is authorized by us, your Points balance shall be reduced by the Points amount associated with the Redemption Item selected by you. Using fraudulent purchases to earn Points is prohibited. If you return any products for which you accumulated Points with an intent to defraud Fetch, we reserve the right to deduct from your Points the value of the Offer related to such returned products and/or terminate your account. In such an instance you may dispute such deduction or termination due to fraud by contacting Fetch support (support@shopfetch.com) during such thirty-day period. Receipts which you submit through the Services must be on the original paper receipt issued by a retailer, which cannot have been altered in any way and must be the receipt from a purchase that you paid for personally. For online purchases, we may make available and you must follow the process or processes made available by Fetch to process online or digital receipts which may or may not include linking another account, forwarding a confirmation email, or uploading or emailing a photo of an invoice or itemized packing slip to verify that you have completed the purchase and received the items purchased. We have no responsibility and assume no liability for any loss or delay of any Reward once you have redeemed your Points. If you have an issue with the redemption process, you may contact us at support@shopfetch.com.

If we cease providing the Services, we will notify you at the email address you provide in your Registration Data and we shall provide you with thirty (30) calendar days 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 expires. If you ever cancel your account, it will be your responsibility to make a redemption request (subject to our Minimum Redemption Amount of Points balance requirement described above) before cancelling. If you do not make a redemption request before canceling your account, any Points balance in your account expires upon such cancellation.

Inactivity

Your account will be considered inactive if you fail to perform any of the following activities for a period of ninety (90) days: 1) If you fail to scan, submit, and finish any receipts with Fetch Rewards; 2) If you fail to redeem any Points for a Reward. Thirty (30) days before your account becomes inactive and your Points expire, Fetch will attempt to notify you of this by sending you an email to the address you provided in your Registration Data. You may, prior to your account being considered inactive and Points expiring, prevent inactivity and Points expiration by: 1) logging in to your account and successfully scanning and finishing a valid receipt (with the Fetch Rewards mobile application); or 2) redeeming your Points for a Rewards. Subject to Fetch's right to terminate your Points under these Terms, you may reactivate your Fetch account (after being inactive and your Points expiring) by logging into your account and submitting a receipt (in the Fetch Rewards mobile application). This does not re-issue, reactivate, or otherwise make available your Points which have expired.

Violations

If we determine in our sole discretion that you have violated the Terms, we may in our sole discretion and as permitted by law, terminate your account and any pending, current, or future Points balance you may have immediately expires. We will notify you of such termination at the email address you provide in your Registration Data, and such termination shall be effective immediately. 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 Rewards and any exchanges and distributions.

5. Mobile Services

Fetch Rewards offers mobile applications as a fast and easy way for our members to use the Services (the "Mobile Services"). If you download and access the Services through the Fetch Rewards apps, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Service by text message or other electronic means to your mobile device, in accordance with our Privacy Notice and applicable law. Text messages are used solely as a security feature for two-factor authentication and may not be disabled.

6. Referral Program

From time to time, and at Fetch's sole discretion, we may provide bonuses, Points, or other rewards when you choose to refer new users to Fetch (a "Referral Program"). Any such Referral Program shall be subject to the additional terms and conditions set forth in the App. You agree that you will obtain all necessary permissions and consents from an individual before referring that individual in a Referral Program and indicate to the individual: that we are not sending or initiating any messages or communications to that individual on your behalf; that you are you not acting as our agent in sending any such messages or communications; and that you may be receiving a referral bonus if the individual becomes a new user of Fetch. Current 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 that we determine to be inappropriate or otherwise in violation of any applicable terms, rules, or laws. Fetch may discontinue and/or revoke any Referral Program or incentive program in its sole discretion at any time without notice. Where you cannot produce examples of how referrals have taken place, including screenshots of where referrals were made, Fetch Rewards reserves the right to decline to award referral bonuses, rescind bonus Points credited, or take other remedial actions.

7. Ownership and Copyright

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 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 laws. All rights to the Content are expressly reserved. 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).

8. Trademarks

Fetch Rewards, its logo and all other product or service names or slogans displayed on or communicated through the Services are registered and/or common law trademarks of Fetch Rewards and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fetch Rewards or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fetch Rewards and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fetch Rewards. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fetch Rewards.

9. 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 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. You expressly agree to indemnify Fetch Rewards, its affiliates and their respective directors, officers, employees and agents, against any liability to any person (including, without limitation, any damages, losses, costs and expenses) arising out of (i) your access to, use of or alleged use of Content or the Services, (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

You may contact Fetch Rewards at support@shopfetch.com to request permission for uses of Content not included in the license.

10. Advertisements and Promotions

Fetch Rewards may, from time to time, run advertisements and promotions from 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 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 Content is endorsed by us, nor is there any representation or warranty by us that the Content is reliable, accurate, timely, complete, effective, or safe for your use. All 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. Fetch Rewards shall have no liability in the event a product or value of any coupon, Offer or promotion is listed at an incorrect amount due to a typographical error, error in information received from our suppliers or other error. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any Services, Content or Redemption Items; to impose or enforce conditions on the use of any coupon, Offer or other promotion; to bar any user from using the Services, Content or making a redemption(s); and/or to refuse to provide any user with any Redemption Item, Content or Service or to limit the quantity of Redemption Items(s), Content or Services available to him or her. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOUR USE OF CONTENT IS SUBJECT TO THIS AGREEMENT AND ANY THIRD-PARTY TERMS AND CONDITIONS APPLICABLE TO SUCH CONTENT.

11. Disclaimer of Warranties, Limitation of Liability and Indemnification.

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 any reconstruction of any 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. While Fetch Rewards attempts to enable your access to and use of the Services, Fetch Rewards cannot and does not represent or warrant that the Services or its servers are free of viruses or other harmful components therefore you should use industry recognized software to detect and disinfect viruses or other harmful components from any download. 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.

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 DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE PROGRAM, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED BY THE SERVICES OR YOUR PROVISION OF USER INFORMATION OR USER CONTRIBUTIONS TO THE SERVICES, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE FETCH REWARDS PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

Indemnification. You agree to defend, indemnify and hold harmless Fetch, its affiliates, officers, agents, 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.

12. User Communications

Except as set forth in our Privacy Notice, 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. 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.

13. 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.

In providing the Services, Fetch may link to websites operated by third parties. Fetch has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Fetch will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

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. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Fetch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of the Services and any third party, you agree that Fetch is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Fetch, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

14. Your Obligations

You agree that:

Further, by using the Services, you may not and agree not to:

We have the right, but not the obligation, to monitor the website and app, determine if any party's conduct violates these Terms, and remove any offending content. If your account is suspended, terminated, deleted, closed, or otherwise rendered inaccessible by Fetch, you will not have the right or ability to access, use, or redeem any remaining Rewards in your account as those Rewards will be void and terminated.

15. Cessation, Suspension, and Termination

You are free, at any time, to cease using the Services by contacting us at support@shopfetch.com or stop using the application for 90 days or more: please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Service.

Fetch is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your violation of any of these Terms. Fetch has the sole right to decide 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 reasonably by us.

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.

16. 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 without consent.

17. Applicable Law and Venue

These Terms are governed by and will be construed under the laws of the State of Wisconsin, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the State of Wisconsin, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Wisconsin.

18. Dispute Resolution and Arbitration

We expect that our customer service team will be able to resolve most issues you may have using the Services. You can contact our customer service team at support@shopfetch.com. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and we agree to the following resolution process.

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 L.L.C., 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 OF SERVICE (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, THE AGREEMENT TO ARBITRATE, THE SCOPE OF THIS ARBITRATION AGREEMENT, OR USE OF THE SERVICES (A "CLAIM") MUST BE RESOLVED THROUGH PRIVATE AND CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION BEFORE JAMS, PURSUANT TO JAMS’ COMPREHENSIVE ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMSADR.COM. ALL CLAIMS WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED OR JOINED IN ANY ARBITRATION WITH ANY CLAIM OF ANY OTHER PARTY. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR WE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT'S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS, AND YOU OR WE MAY AT ANY TIME BRING SUIT IN COURT AGAINST THE OTHER PARTY IN RELATION TO CLAIMS BASED ON INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY AND/OR MISAPPROPRIATION OF TRADE SECRETS. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. INJUNCTIVE RELIEF MAY BE SOUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF WISCONSIN, COUNTY OF DANE FOR U.S. RESIDENTS TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND WE AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED. YOU AND WE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS AND, WHERE APPLICABLE, YOU AND WE ALSO AGREE TO OPT OUT OF ANY SUCH CLASS PROCEEDING. THE FOREGOING WAIVER OF CLASS ACTION DOES APPLY TO QUEBEC RESIDENTS. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ARBITRATION PROVISIONS OF THIS SECTION SHALL BE NULL AND VOID, BUT THE REST OF THIS AGREEMENT WILL REMAIN IN EFFECT.

If your claim is for $10,000 or less, we agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a telephonic or in-person hearing. The arbitration hearings for U.S. residents will be held in Madison, Wisconsin.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR CLAIMS THAT ARE COVERED BY THIS "DISPUTE RESOLUTION AND ARBITRATION" SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE, AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

19. 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, LLC, 131 W. Wilson St., Suite 400, Madison, WI 53703

20. 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.

21. 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.