Version 2.1: Last revised on July 30, 2019
PLEASE READ THESE TERMS OF SERVICES (“TERMS”) CAREFULLY. Kard Financial, Inc. (together with our affiliates, “Kard”, “Kard” “we”, or “us”) provides a rewards program that helps consumers earn more credit card rewards, as well as applications accessible at https://getkard.com
(“Site”), via our partners’ portal(s) and/or through our browser extension that is designed to help users find and earn rewards on their credit cards. (“Services”). The Services and the software and certain information and content related thereto are collectively, the “Kard Platform”).
BY CHECKING THE BOX BELOW AND CLICKING "JOIN KARD
YOU CAN LEARN MORE ABOUT THE PROGRAM HERE
AND MAY OPT OUT OF THE PROGRAM AT ANY TIME THROUGH THE "ACCOUNT" PAGE ON THE KARD WEBSITE & APPLICATIONS OR BY REACHING OUT TO KARD CUSTOMER SERVICE. I CONSENT TO LINKING MY CARD IN CONNECTION WITH THE KARD PROGRAM AND AUTHORIZE MY PAYMENT CARD NETWORK TO USE OR SHARE DETAILS OF MY TRANSACTIONS MADE AT PARTICIPATING MERCHANTS WITH KARD AND ITS THIRD PARTY SERVICE PROVIDERS (INCLUDING EMPYR) IN ORDER TO CALCULATE MY POINTS, REDEEM REWARDS, AND OTHERWISE FACILITATE MY PARTICIPATION IN THE KARD PROGRAM.
PLEASE BE AWARE THAT SECTION 11.1 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE KARD PLATFORM WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY KARD IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Kard will make a new copy of the Terms available at https://www.getkard.com/terms-of-use
. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Kard Platform and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to existing users. Kard may require you to provide consent to the updated Terms in a specified manner before further use of the Kard Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Kard Platform, the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.