FONDUE REWARD PROGRAM TERMS AND CONDITIONS

Stodge Inc. DBA Fondue (“Fondue”) administers Reward Programs (as defined below) on behalf of certain ecommerce merchants (“Merchants”) primarily for loyalty, award, and/or promotional purposes. These Fondue Reward Program Terms and Conditions (“Reward Program Terms”) are a binding agreement between you and Fondue that governs all Reward Programs. By participating in a Reward Program, you accept and agree to be bound by these Reward Program Terms. If you do not agree to these Reward Program Terms, you may not participate in the Reward Program.

Fondue may update these Reward Program Terms at any time, in its sole discretion. Fondue may notify you of changes to these Reward Program Terms by posting the changes to this website, by email to the email address we have on file for you, or through any other reasonable form of notice. If you continue to participate in a Reward Program or use a Reward after Fondue posts updated Reward Program Terms, you agree to be bound by those updated terms.

Fondue administers Reward Programs on behalf of, and at the direction of, Merchants. All goods and services sold, marketed, or otherwise offered by a Merchant are the sole responsibility of the Merchant. Fondue has no liability for fulfillment of orders, returns or exchanges, delivery, or any other matter related to your purchase of a Merchant’s goods and services.

THESE TERMS REQUIRE ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION AND CONTAIN A CLASS ACTION WAIVER, AS OUTLINED IN SECTION 14 (DISPUTE RESOLUTION).

‍1. Definitions.

1.1. “Card” has the meaning set forth in the Cardholder Agreement.

1.2. “Cardholder Agreement” means the relevant agreement provided with your Card outlining the terms and conditions under which the Card has been issued to you, as updated from time to time, which may be the Prepaid Award Cardholder Agreement available at https://givecard.s3.us-east-2.amazonaws.com/policies/GiveCard+Cardholder+Agreement.docx.pdf, or the Fondue Award Prepaid Mastercard® Cardholder Agreement available at https://getfondue.com/cardholder-agreement.

1.3. “Coupon” means a code providing a discount on goods or services purchased from a single merchant or affiliated group of merchants.

1.4. “Dispute” the meaning ascribed to it in Section 14 (Dispute Resolution).

1.5. “Holding Period” means a period of time before you are eligible to qualify for a Reward.

1.6. “Merchant Terms” means additional terms and conditions of a Reward Program provided by the Merchant, and which are set and enforced by the Merchant.

1.7. “Privacy Policy” means the Fondue Privacy Policy available at https://www.getfondue.com/privacy-policy, as updated from time to time.

1.8. “Process” has the meaning ascribed to it in Section 14 (Dispute Resolution).

1.9. “Redemption Request” means the Reward redemption selection process you must complete in order for Fondue to determine your eligibility for a Reward, including providing any required information or selection of a Reward, as applicable.

1.10. “Reward” means a Card, Coupon, Store Credit, or other promotional reward we may offer in the future.

1.11. “Reward Balance” means the unused, unexpired balance of a Reward.

1.12. “Reward Program” means a program directed by a Merchant and administered by Fondue on behalf of such Merchant for loyalty, award, and/or promotional purposes.

1.13. “Store Credit” means a card, code, or other device in a specified amount that is redeemable upon presentation only at the online store of a single merchant or affiliated group of merchants for goods or services.

1.14. “You” and “your” refer to a person participating in a Reward Program.

The words “include” and “including” mean “including but not limited to.”

2. Eligibility. You represent and warrant that: (i) you are at least 18 years of age or the age of majority in your jurisdiction, capable of forming a binding contract with Fondue, and not otherwise barred from participating under applicable laws, (ii) any information you submit to us in a Redemption Request or otherwise in connection with the Reward Program is accurate, truthful, and current, (iii) your participation in the Reward Program, use or redemption of a Reward, and any other interaction with services related to the Reward Program does not violate any applicable law or regulation. Fondue reserves the right, at any time and at Fondue’s sole discretion, to decline any request to participate in a Reward Program, or to determine that you are ineligible to participate in a Reward Program or receive a Reward for any reason or no reason.

3. Holding Period. Rewards may be subject to a Holding Period, as determined by the Merchant. Merchants may set a Holding Period based on their refund or exchange policy. Your Holding Period is thirty (30) days or such other time as designated by a Merchant in their Merchant Terms or in the Redemption Request. Your eligibility to receive a Reward, or your Reward Balance, may be affected by actions you take during the Holding Period, such as returning or exchanging an eligible purchase. For example, if you make a qualifying purchase of goods, and return that purchase during the Holding Period, you may not be eligible for a Reward.

4. Qualifying for a Reward. In addition to any applicable Holding Period, requirements may apply before you are eligible for an award. You must satisfy all applicable requirements, whether set by Fondue or by a Merchant, including: (i) minimum purchase amount, (ii) eligible products and services, (iii) type and amount of Rewards available, and (iv) completion of other criteria such as signing up for email or SMS marketing. Merchants are solely responsible for disclosing any Merchant Terms relevant to a Reward Program. If Fondue or a Merchant determines that, at their sole discretion, you do not qualify for a Reward, you will not be provided with the Reward.

5. Redemption Request and Reward Selection. Once any applicable Holding Period has elapsed, and upon satisfaction of any applicable requirements, you may be eligible to receive a Reward. To receive a Reward, you must submit a Redemption Request and, if applicable, select a Reward type. YOU MUST SUBMIT THE REDEMPTION REQUEST WITHIN THE SOONER OF (i) THE PERIOD COMMUNICATED IN THE MERCHANT TERMS OR (ii) SIX MONTHS FOLLOWING THE EXPIRATION OF ANY HOLDING PERIOD, OR YOUR REWARD WILL EXPIRE AND YOU WILL NOT BE ABLE TO USE IT. You may submit the Redemption Request prior to the expiration of the Holding Period, however you will not be able to use the Reward until the Holding Period has passed and all other requirements have been satisfied. Upon submission of a Redemption Request, Fondue will process the Redemption Request to verify your personal and contact information, and determine your eligibility for participation in the Reward Program or to receive a Reward. Once completed, the Redemption Request is final and cannot be revoked or revised. A Redemption Request that does not comply with these Reward Program Terms or Merchant Terms, including any eligibility requirements, may be rejected without opportunity to resubmit. If you do not timely complete the Redemption Request, Fondue has no obligation to remind you to do so, or to provide you with any Reward. There is no automatic redemption. Fondue may, at its sole discretion, replace any Reward that you select with any other Reward of the same or higher dollar value, whether or not it meets your needs or preferences. IF YOU DO NOT QUALIFY FOR A REWARD, YOU WILL NOT RECEIVE A REWARD, EVEN IF YOU SUBMIT A REDEMPTION REQUEST.

6. Access to and Use of Rewards. You acknowledge and agree that Rewards are issued for loyalty, award, or promotional purposes, and will be used for personal, family, or household purposes. You have the right to use the Reward subject to these Reward Program Terms, any applicable Merchant Terms, and, with respect to Cards, the Cardholder Agreement. YOU DO NOT OWN OR HAVE ANY PROPERTY INTEREST IN REWARDS OR REWARD BALANCES. REWARDS HAVE NO CASH VALUE. To the maximum extent permitted under applicable laws, you have no property rights or other legal interest in Reward Balances, and all Rewards and Reward Balances remain the sole property of Fondue or the Merchant, as applicable. Fondue may cancel, revoke, or restrict the use of your Reward at any time and for any reason. 

7. Reward Limitations. Applicable Merchant Terms and the Cardholder Agreement may limit the use of Rewards. Rewards are not transferable, and cannot be brokered, bartered, assigned, or sold, or divided as part of a settlement, legal proceeding, or in the event of death. Rewards cannot be combined with other Rewards of any other member or participant in a Reward Program.  You may not add to your Reward Balance, or combine your Reward Balance with other Rewards, prepaid cards, payment instruments, or stores of value. Funds tied to suspected illicit or illegal activity may be subject to both internal investigation and investigation by relevant law enforcement agencies. Fondue may restrict your access to Rewards and Reward Balances to comply with applicable laws or to prevent suspected fraudulent or illegal activity. No interest is paid on Reward Balances, including during the Holding Period.

7.1 Additional Card Limitations. All Cards are subject to the Cardholder Agreement. You will not receive a physical card. Cards cannot be redeemed for cash or used to obtain cash at an automated teller machine (“ATM”). Use of Cards is subject to the Cardholder Agreement. Any violations of that agreement may cause your transaction to be declined or your Card suspended.

7.2 Additional Coupon Limitations. Coupons may be redeemed only once in a single transaction, unless otherwise stated on the Coupon or in the Merchant Terms. Coupons may be subject to other limitations, as set forth in the Merchant Terms, such as restrictions on the number of items that may be purchased, or the maximum discount amount, in the transaction where the Coupon is redeemed. Coupons cannot be combined with any Reward or any other coupon, rebate, discount code, offer, or other promotion. Any unused difference between the maximum value of the Coupon and the discount amount received in the transaction in which the Coupon is redeemed is forfeited.

7.3 Additional Store Credit Limitations. Store Credit may only be redeemed only at the online store of a single merchant or affiliated group of merchants for goods or services, as specified in the Merchant Terms. Store Credit may be subject to limitations as set forth in the Merchant Terms, such as restrictions on goods or services that may be purchased (e.g., gift cards).

8. Expiration. To the extent permitted by applicable laws, all Rewards expire on the earliest of: (i) the expiration date or period displayed on the Reward, (ii) the expiration date or period communicated by the Merchant in writing in their Reward Program terms, or (iii) twelve (12) months following issuance of the Reward. Following expiration of a Reward, you will have no right or ability to reclaim the Reward or any remaining Reward Balance. FONDUE MAY EXPIRE AND/OR CEASE TO MAINTAIN ANY REWARD THAT IS NOT USED WITHIN TWELVE (12) MONTHS FOLLOWING ISSUANCE. 

9. Fees and Taxes. For information about fees that may apply to your specific Reward, please refer to the applicable Merchant Terms and, for Cards, the Cardholder Agreement. You are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with the receipt of any Reward or other benefit.

10. Data Privacy. 

10.1 Privacy Policy. Fondue processes, analyzes, and manages information you provide in accordance with its Privacy Policy, which is incorporated by reference in these Reward Program Terms. The Privacy Policy explains how and for what purposes Fondue collects, uses, retains, discloses, and safeguards information provided in connection with Reward Programs, Rewards, and related services. Any information you provide to Merchants is subject to that Merchant’s privacy policy. 

10.2 US PATRIOT Act Notice. Anti-money laundering and counter-terrorism financing laws require that Fondue collect and verify identifying information before issuing a Card. When you submit a Redemption Request, Fondue may collect your name, address, date of birth, and other information that will allow us to identify you. You represent and warrant that all information you provide us for the purpose of verifying your identity is truthful and accurate, including your real name and date of birth. Fondue will not provide you with a Reward and may void or cancel an existing Reward if you fail to provide accurate and complete information to verify your identity, or as required to comply with applicable laws and regulations.

11. Disclaimers. ALL REWARDS, REWARD PROGRAMS, AND RELATED SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY, AND YOUR PARTICIPATION IN A REWARD PROGRAM AND USE OF REWARDS AND RELATED SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, FONDUE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FONDUE MAKES NO WARRANTY THAT THE REWARD PROGRAM AND RELATED SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Indemnification. You agree to indemnify and hold harmless Fondue and its affiliates, officers, partners, agents, service providers, and employees from and against any losses, liabilities, damages, claims, demands, costs or expenses (including reasonable attorneys’ fees) arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against Fondue or any of the other indemnitees specified due to your participation in a Reward Program or use of Rewards, breach of these Reward Program Terms, or violation of law, fraud, gross negligence, or willful misconduct. Fondue reserves the right to participate in the defense and control of any matter subject to indemnification by you.

13. Limitation of Liability. FONDUE IS NOT LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE REWARD PROGRAM TERMS, ANY REWARD PROGRAMS, OR REWARDS, EVEN IF FONDUE HAS BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A LIMITED REMEDY SET FORTH THESE REWARD PROGRAM TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT FONDUE WILL HAVE NO LIABILITY TO YOU WHATSOEVER IN CONNECTION WITH ANY BREACH, FAILURE OR OTHER PROBLEM OR ISSUE WITH RESPECT TO REWARDS OR A REWARD PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FONDUE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO REWARDS, ANY REWARD PROGRAM, OR THESE REWARD PROGRAM TERMS IS LIMITED TO THE GREATER OF (i) THE TOTAL UNUSED REWARD BALANCE OF REWARDS ISSUED TO YOU IN THE PRECEDING THREE (3) MONTHS, OR (ii) US $10.

14. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FONDUE WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

14.1 Binding Individual Arbitration. In the event that there is a dispute, claim, or controversy between you and Fondue arising out of or relating to these Reward Program Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party will be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

Dispute will be given the broadest possible meaning permitted by law. It includes: (a) any dispute or claim that arose before the existence of this or any prior version of these Reward Program Terms (including claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Reward Program Terms and your relationship with Fondue. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator will decide all issues that relate to the scope, validity, and enforceability of these Reward Program Terms. You and Fondue agree that these Reward Program Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

14.2 Mandatory Informal Dispute Resolution Process. If you and Fondue have a Dispute, you and Fondue agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with Fondue, you must send this notice, including all of the information referenced above, by email to legal@postscript.io or by mail to Stodge Inc., ATTN: Legal Department, 3370 N Hayden Road, Suite 123-251, Scottsdale AZ 85251. If Fondue has a Dispute with you, Fondue will send this notice, including all of the information referenced above, to you at the most recent contact information Fondue has on file for you or, if Fondue does not have a mailing address on file, you authorize Fondue to text you at the phone number Fondue has available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and Fondue (and counsel, if you and Fondue are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Fondue representative will personally attend (with counsel, if you and Fondue are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the sixty (60) day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Fondue may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Fondue commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding will be stayed pending resolution of the issue. A court of competent jurisdiction will have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or Fondue may commence arbitration only if the Dispute is not resolved through compliance with this Process.

14.3 Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Reward Program Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

14.4 Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures will apply:

• Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by these Reward Program Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court. Capitalized terms used in the following provisions will have the definitions ascribed to them in the New Era Rules and Procedures.

• When you initiate arbitration, the only fee you are required to pay is New Era’s consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by Fondue (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney’s fees is warranted under applicable law.

• Mass Arbitration Provisions:

• New Era ADR’s rules and procedures include unique procedures for Mass Arbitrations, which are situations in which five (5) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass Arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those Mass Arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. You understand and agree that these Procedures for Mass Arbitrations will apply and that they are designed to: (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel will meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR’s resources.

• Only the presiding Neutral may make determinations of fact or reach conclusions of law with respect to a Mass Arbitration Proceeding. Ultimate authority to determine whether cases arise out of Common Issues of Law and Fact rests with the presiding Neutral. If the presiding Neutral determines that one or more cases assigned to a Mass Arbitration Proceeding do not arise out of Common Issues of Law and Fact, or otherwise do not meet the definition of a Mass Arbitration, each such case will be removed from the Mass Arbitration Proceedings. Each party will select one Bellwether Case from all the cases that were filed. Those Bellwether Cases will proceed individually, but in parallel to the extent possible. The Neutral will issue a reasoned Lead Decision in each Bellwether Case. Although a Neutral may consider the analysis and result reached in prior Lead Decisions in deciding disputes in the same Mass Arbitration proceeding, the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding, giving due consideration to the facts and arguments advanced by the parties in each case.

• New Era ADR’s rules and procedures provide parties to Mass Arbitrations with the right to obtain certain information relating to Bellwether Cases and decisions that may impact their cases. You are encouraged to review those rules closely to understand how your rights may be impacted.

• If any provision of these Reward Program Terms is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision will be deemed unenforceable.

• The arbitrator will be selected pursuant to New Era ADR’s standard rank and strike process, as set forth in New Era ADR’s General Rules and Procedures.

• Except as otherwise provided herein, the arbitrator will apply the substantive laws of the state and Federal Judicial Circuit of Delaware without regard to its conflict of laws rules.

• By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with: (a) the Dispute Resolution provisions of these Reward Program Terms; and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.

• The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.

• The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator’s written decision may address some or all of the cases jointly. However, a written decision that jointly addresses some or all of the cases does not conflict with the requirement that the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding.

• Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator will be final and binding on both parties, but either party will have rights of appeal expressly provided in Section 10 of the FAA.

• Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in these Reward Program Terms, if any future changes are made to this arbitration provision, you may reject the change by sending Fondue written notice within thirty (30) days of the change to Stodge Inc., ATTN: Legal Department, 3370 N Hayden Road, Suite 123-251, Scottsdale AZ 85251, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fondue.

14.5 No Class Actions or Juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE REWARD PROGRAM TERMS, YOU AND FONDUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THESE REWARD PROGRAM TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in these Reward Program Terms.

15. General.

15.1 Entire Agreement. These Reward Program Terms represent the entire agreement between you and Fondue, and supersede and replace any and all prior written or oral understandings or agreements between you and Fondue, regarding your participation in any Reward Program and use of Rewards. To the extent these Reward Program Terms conflict with the Cardholder Agreement or any Merchant Terms, these Reward Program Terms will govern unless specifically superseded. You may not modify these Reward Program Terms without Fondue’s prior written consent.

15.2 Notice. You agree that we may provide you any and all required notices by posting to this website, via email to the email address we have on file for you, or through any other reasonable form of notice. All notices to Fondue must be made to: Stodge Inc., ATTN: Legal Department, 3370 N Hayden Road, Suite 123-251, Scottsdale AZ 85251, with a copy, which will not constitute notice, via email to legal@postscript.io. 

15.3 Assignment. Fondue may assign or transfer these Reward Program Terms without your consent or prior notice. You may not assign or transfer any part of these Reward Program Terms without Fondue’s prior written consent.

15.4 Governing Law. These Reward Program Terms will be governed by and construed under the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware without regard to its conflict of laws principles. Except as otherwise set forth in Section 14 (Dispute Resolution), the exclusive jurisdiction for all disputes that you and Fondue are not required to arbitrate will be the state and federal courts located in Phoenix, Arizona, and you and Fondue agree to waive all rights to challenge the foregoing.

15.5 Severability. The invalidity or unenforceability of any of the provisions of these Reward Program Terms, or the invalidity or unenforceability of the application thereof to any individual, entity, or circumstance, will not affect the application of such provisions to individuals, entities, or circumstances other than those as to which they are held invalid or unenforceable, and will not affect the validity or enforceability of any other provisions of these Reward Program Terms.

15.6 Waiver. Fondue’s failure to enforce any right or provision of these Reward Program Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in a writing signed by a duly authorized representative of Fondue. Fondue’s exercise of any of its remedies under these Reward Program Terms will be without prejudice to its other remedies under these Reward Program Terms or otherwise.

15.7 Support. For customer support, please email support@getfondue.com. Promptly contact us if you believe that an error has occurred with respect to your Reward, or if your Reward details have been stolen or compromised.