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: April 4, 2019
These Terms of Service (the "Terms") are a legal document between you ("you", "your") and Fetch Rewards, Inc ("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 not 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 does not knowingly collect or maintain personal information from children under 18 years of age.
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 firstname.lastname@example.org
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, 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 cannot be unsubscribed from. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. Unsubscribing from communication may prevent notices of changes to our Terms or a notice regarding termination of the Program.
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
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, and the receipt clearly describes a qualifying product, 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. 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 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.
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.
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 email@example.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.
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. Fetch may also send a text message to the phone number 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.
Any form of fraudulent activity violates these Terms and Fetch may at our sole discretion deduct any points it deems in its sole discretion to be fraudulent, terminate your account including all points, and take any legal or equitable action which may be applicable. This includes, but is not limited to, creating fake receipts, fake accounts, or buying products and returning them. Using fraudulent purchases to earn Points is prohibited. In such an instance you may dispute such deduction or termination due to fraud by contacting Fetch support (firstname.lastname@example.org) within thirty days of points deduction. 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. Online purchases must follow the process provided to submit said purchases.
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 or Rewards and any exchanges and distributions.
5. Digital Receipt Program Terms
6. 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.
7. 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.
Users must be over the age of 18 and be in good standing with Fetch. Accounts identified with fraudulent behavior will not be able to use FetchPay or any Fetch Services. Fetch can restrict access at any time, for any given reason.
Connecting to Banking Institution
To initiate FetchPay, you must login with your personal account from an accepted banking institution. Fetch is in no way affiliated with any issues that may arise with logging into your banking account. Use of your banking account with FetchPay is processed via trusted Partners. You may provide, through integrated services, login information required by your financial institution to access your account, such as your username and password, answers to challenge questions, or a security token. 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.
Fetch uses a Partner to verify availability of funds in your banking account. Funds in the banking account must be greater than the requested amount by an amount set 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 the specified amount out of the banking account. Fetch may limit the total amount per day or per transaction that may be redeemed by any user. This limit may be changed at any time, for any reason, without notice, and may be a different amount for different users.
Unless otherwise indicated, the purchase price will be billed at the time of authorization. You are solely responsible for the purchase of a Reward, both in regard to retailer 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. Reward limitations may be restricted in use, by a variety of reasons, such as location, amounts, materials purchased, or any other factors.
FetchPay awards Points on qualifying purchases. The amount of Points awarded is based off a variety of factors, and can change at any given time, 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 at the conclusion of the completed process. Fetch reserves the right to withhold Points for any reason, at any time.
By using FetchPay, you agree to adhere to the following:
- 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
- Single user per account; no sharing of devices or bank accounts; you will not utilize others’ accounts and will not allow others to access your account
- To be reinstated, you must contact Support at email@example.com
- Support reserves the right to reinstate if you prove it was unintentional violation
- You will not modify, adapt, hack, or emulate FetchPay
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access FetchPay or to extract data
- You will not develop third-party applications that interact with User Content of FetchPay without our prior consent
- You will not circumvent or attempt to circumvent any filtering, security measures, or other features designed to protect FetchPay or third-parties
9. 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).
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.
11. 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 firstname.lastname@example.org to request permission for uses of Content not included in the license.
12. 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.
13. 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.
14. 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.
15. Linking and Third-Party Websites
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.
16. Your Obligations
You agree that:
- You will use the Services only as authorized by us.
- You will comply with all applicable laws, rules, and regulations when using the Services.
- You will not take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages or impairs the Services, any materials or information available through the Services, our systems, or our networks.
- You will not reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) the Services (including but not limited to Content), including but not limited to using any software to suppress or alter the display of advertising through the Services, without our express prior written consent.
- You will not use the Services (including but not limited to Content) for any fraudulent, unlawful or unintended purpose.
- You will not use any Content other than in accordance with this Agreement and any other terms and conditions applicable to such Content.
- You will not attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, or to any of our servers by hacking, password mining, or any other unauthorized means.
- You will only create and hold one account and only for your personal use. You may not associate more than one user account with any mobile device.
- You may not transfer, sell, combine, or otherwise share your account with any person.
- You are responsible for updating and correcting your Registration Data and any other information you may provide via the Services.
- You will not share your password with other persons.
- You will, upon our request and in our sole discretion, provide additional proof of purchase.
- You will not submit receipts from stores outside of the United States of America and District of Columbia
- You will not submit any purchase information that is false, fabricated, inaccurate, counterfeit, changed, adjusted, altered, or any other form that is artificial or inauthentic for the purpose of attempting to earn or redeem Points or Rewards.
- You will not redeem or attempt to redeem any Rewards or complete any Offers or Rewards based on fraudulent purchases or incomplete transactions.
- You will not submit any purchase information or attempt to redeem any Rewards or complete any offers or Rewards with products that you returned, plan to return, or may return after submitting the receipt with an intent to fraudulently attain Points.
- You will not submit receipts that have been successfully uploaded previously by you or another user.
- You will not claim eligibility or attempt to redeem an Offer for which the date of a receipt is not within the active dates of an Offer or when an Offer has otherwise expired and is no longer eligible.
- You will not obscure, alter, omit, or block the date and/or time and/or store name listed on a receipt that is uploaded.
- You will not upload any receipt that is older than 14 days. Receipts uploaded more than 14 days after the date of purchase will be rejected.
- You will not submit or upload any receipt that does not accurately represent a purchase that you have completed. You may not upload a receipt that was acquired by means other than a valid purchase, such as gathering receipts from others, from a store, or by printing a duplicate receipt from a different transaction.
- You will not submit more than 14 receipts per week.
- You will not submit a reproduction or secondary photo of a receipt (picture of a picture).
- You will not submit a receipt photo that is not an original receipt printed from a participating merchant’s point of sale device on its original receipt paper. This excludes Digital Receipts.
- You will not submit digital or electronic receipts unless done so through appropriate means designated for these types of receipts.
Further, by using the Services, you may not and agree not to:
- Use any information from the Services for the purpose of using it with another service or program.
- Transfer, rent, loan, sell, sublicense, or distribute the licenses or any materials granted herein.
- Post or distribute any defamatory, harassing, abusive, threatening, inaccurate, or unlawful content, or any content that a reasonable person could deem to be objectionable, profane, offensive, indecent, threatening, embarrassing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
- Impersonate any other person such as another user, or a member of another business to contact or access Fetch Services or Support team.
- Perform any fraudulent activity such as access other's accounts, forge another person's digital signature, activate or redeem Offers or Rewards for another person.
- Redeem any Rewards that you have not validly earned per the terms of this agreement.
- Send users of the Service any unsolicited Offers, messages, promotions, chain mail, requests, or petitions.
- Participate in any illegal activity, or violate any law, including laws governing intellectual property rights and privacy/data protection.
- Attempt to collect personal information about users or third parties without their consent.
- Decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the Services, applications, or web pages.
- Interfere with security features, features that restrict use or copying, or features that enforce limitations of the Service.
- Use or alter the service in any way, including modifying, translating, copying, or distributing malicious code through the Services, App, or Website.
- "Crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
- Run any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure).
- Jeopardize the security of your User ID or anyone else's User ID (such as by allowing someone else to log in to the Service as you).
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.
17. Cessation, Suspension, and Termination
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.
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.
19. 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.
20. 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 email@example.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 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 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.
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
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.
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.