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Funded Today, LLC (“Company”) offers individuals a Cashback Rewards Program (“Rewards Program”). These rewards rules (the “Rewards Rules”) govern the Rewards Program, and the Company’s relationship with members of the Rewards Program (“Members,” individually, a “Member” or “You”). Membership in the Rewards Programs is subject to the Program Rules set forth below, and these Program Rules supersede all previous Program Rules. By opening a Membership Rewards Program account (“Account”), You agree that: (a) You have read, understood and accepted these Program Rules; and (b) You consent to the Company’s processing of data that is personal to You, and disclosure of such data to third parties, in accordance with the Company’s Privacy Statement. (See Section 1 Supra.)
Member will receive communications from Company. Participation in the Rewards Program is subject to the Program Rules, rules, regulations, policies and procedures that the Company may, in its discretion, adopt from time to time. The Company may amend the Program Rules at any time without notice. The Company has the sole discretion to interpret and apply the Program Rules.
The accumulation of Points is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, emails, and online Account statement in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards (“Rewards”, individually, a “Reward”).
The Rewards structure is subject to modification, cancellation, or limitation at the Company’s discretion, with or without notice. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption (“Reward Redemption”) may be imposed at any time.
The Company has the right to change, limit, modify or cancel the Rewards Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards. The Company may, among other things: a) increase or decrease the number of Points received for backing a Kickstarter project or required for a Reward; b) withdraw, limit, modify or cancel any Reward; c) restrict the continued availability of Rewards; d) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Rewards. In accumulating Points, Members may not rely upon the continued availability of any Reward.
Additionally, the Company has the right to terminate the Rewards Program by providing notice via email to its Members one month in advance of Rewards Program termination. In that event, the right to earn Points and redeem Rewards may end one month after notification, no matter the extent of Member participation in the Rewards Program. The Company may terminate the Rewards Program earlier in whole or in part in any jurisdiction(s) if required to do so by applicable law.
After creating an Account on the Rewards Program, a Membership Username will be assigned to each applicant. Upon receiving this Username, an individual becomes a Member eligible to earn Rewards Program Points.
A Membership Account may be closed at the Company’s discretion if no Points are accrued during a 18-month period. All Points in the Membership Account will be forfeited at that time.
Rewards Program Points and Rewards earned through participating in the Rewards Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Rewards Program Points or Rewards is the sole responsibility of the Member.
The Company reserves the right to reject applications for Membership, to revoke, cancel or suspend any Rewards Program Membership, Reward, and/or any and all unredeemed Points, or take other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Company believes: (a) the Member has (1) violated any of the Program Rules, (2) acted in a manner inconsistent with applicable law, regulations or ordinances, (3) engaged in any misconduct or wrongdoing in connection with the Rewards Program, including without limitation, involving Point credit or Reward use or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, or the Company or its employees; or (b) Company’s provision of the Rewards Program and/or any associated benefits (including but not limited to Points) to Member may violate any applicable laws to which Company is subject from time to time.
Nothing in these Program Rules will limit Company from exercising any legal rights or remedies that it may have.
Membership in the Rewards Program, the awarding of Points, and the redemption of Rewards are automatically void where prohibited by applicable law.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions (“access codes”) of the www.funded.today site (the “Website”). The content contained in such restricted areas is confidential to the Company, and is provided to the Member for his or her personal use only. The Company reserves the right to prohibit the use of such access codes by the Member or on his or her behalf by third parties where the Company determines that such use interferes with the Website’s operation or results in commercial benefits for other entities to the Company’s detriment.
Accrued Points do not constitute property of the Member. Points accrued by a Rewards Program Member are for the Member’s benefit only and may not be transferred to anyone except as provided below. Points are transferable to a legal spouse or domestic partner in the case of documented death of the Member. Points are not transferable to another person for any other reason, including divorce or inheritance. Any Points which Company deems in its sole discretion to have been transferred in violation of Rewards Program Terms and Conditions may be confiscated.
The Company has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by the Company in its sole discretion.
In the event of any claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Ogden, Utah, United States of America. The arbitration shall be governed by the laws of the State of Utah. If the dispute is less than $100,000 there shall be no discovery other than the exchange of documents. If the dispute is over $100,000 USD, discovery shall consist of no more than 2 depositions of 7 days or less. The award shall be made within 1 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees.”Costs and fees” mean all reasonable pre award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out of pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or crossexamine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the nonpaying party in the absence of evidence presented as provided for above.
Company or Member may notify the other in writing of the occurrence of a dispute and they will meet within seven (7) days of the notice at a mutually convenient time and place or by telephone or Skype conference. If after 21 days Company and Member have not resolved the dispute to their satisfaction as agreed in writing then either party may proceed in accordance with its remedies at law.