Terms of Use
Version 2.0: Last revised on April 9, 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”).

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY CLICKING ON THE "JOIN KARD" ABOVE, ACTIVATING YOUR CREDIT CARD, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES BROWSING THE SITE, YOU ("USER" OR "YOU") ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE SERVICES.

BY CLICKING "JOIN KARD," I AUTHORIZE MY PAYMENT CARD NETWORK TO USE OR SHARE DETAILS OF MY TRANSACTIONS MADE AT PARTICIPATING MERCHANT 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. KARD MY TARGET OFFERS THAT MAY BE OF INTEREST TO ME, AS SET FORTH IN OUR TERMS OF USE AND PRIVACY POLICY. YOU CAN LEARN MORE ABOUT THE PROGRAM HERE AND MAY OPT OUT OF THE PROGRAM AT ANY TIME THROUGH THE ACCOUNTS SECTION OF THE KARD WEBSITE & APPLICATIONS.

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.

  1. Accounts

    1.1. Account Creation.  To use the Services, you must be a Registered User. A “Registered User” is a user who has registered for an account on the Site (“Account”) or has a valid account on a third-party service through which the user has connected to the Kard Platform (each such account, a “Third-Party Account”). We ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts. Please read our Privacy Policy at https://www.getkard.com/privacy-policy for more information.

    1.2. Access Through a Third-Party Account.  If you access the Kard Platform through a Third-Party Account, such as your payment card provider, as part of the functionality of the Site and/or the Services, you may link your Account with Third-Party Accounts, by allowing Kard to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Kard access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Kard to pay any fees or making Kard subject to any usage limitations imposed by such third-party service providers. By granting Kard access to any Third-Party Accounts, you understand that Kard may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Kard Properties that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through Kard Platform via your Account.  Unless otherwise specified in the Agreement, all Third-Party Account Content shall be considered to be User Data (as defined in Section 5) for all purposes of these Terms.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Kard Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Kard’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content will no longer be available on and through the Kard Platform.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND KARD DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Kard makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Kard is not responsible for any Third-Party Account Content.

    Please note that we use Empyr as our service provider to help us operate the rewards program as part of our Services. Your payment card may only be enrolled in one program operated by Empyr. If you have already enrolled a payment card with a separate program, you will be unable to register that card in both Kard and the other program. You must deactivate your card in the other Empyr-operated program in order to join Kard.

    1.3. Account Responsibilities.  Kard prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your personal use.  You are responsible for all activities that occur under your Account.  You agree to immediately notify Kard of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Kard cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  2. Access to the Services

    2.1. Grant of Rights. Kard has developed a payment card rewards tool and platform where users provide certain payment card information, connected through the bank, to receive reward information, including access to merchant funded offers that users may redeem while shopping. Subject to these Terms, Kard grants you a non-transferable, non-exclusive, revocable, limited right to access the Kard Platform to use the features and functionality of the Services, in each case solely for your own personal or business purposes.

    2.2. Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Kard Platform, whether in whole or in part, or any content displayed on the Kard Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Kard Platform; (c) you shall not access the Kard Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Kard Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Kard Platform shall be subject to these Terms.  All copyright and other proprietary notices on the Kard Platform (or on any content displayed on the Service) must be retained on all copies thereof.

    2.3. Modification.  Kard reserves the right, at any time, to modify, suspend, or discontinue the Kard Platform (in whole or in part) with or without notice to you.  You agree that Kard will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Kard Platform or any part thereof.

    2.4. Support Services.  Subject to the Terms, Kard will exercise commercially reasonable efforts to (a) provide support for the use of the Kard Platform, and (b) keep the Kard Platform operational and available to users, in each case in accordance with its standard policies and procedures.

    2.5. Ownership.  Excluding any User Data that you may provide (defined in Section 5.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Kard Platform and its content are owned by Kard or Kard’s suppliers.  Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Kard and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.
  3. Payment Cards and rewards

    3.1. Registration. To use the Services, you must register a valid payment card. When you register a payment card, you acknowledge and agree that Kard may obtain, provide, and/or use your payment card transaction data in order to provide the Service, including to help you calculate your points, redeem rewards, enable card-linked offer(s), and target offers that may be of interest to you. Kard uses Empyr as the third party service provider to link your payment card to the Kard Platform.  By using the Services, you authorize your payment card network to monitor and share your transaction data made with your registered payment card at participating merchants with Kard and its third party service providers (including Empyr). You acknowledge and agree that Kard may share your payment card transaction data with participating merchants to determine if you are eligible to receive rewards.

    3.2. Card Eligibility. Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.

    3.3. Transaction Eligibility. Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.

    3.4. Debit Instructions. If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.

    3.5. Statement Credits. Statement credits will not appear or be reflected on your transaction receipt from the merchant at the time of purchase, and will instead be reflected on your periodic card statement. If your purchase is determined to be a qualified transaction, by Kard at its sole discretion, statement credits will typically appear on your card statement within approximately 14 days after the qualifying transaction, but may be subject to delays. Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer. Kard, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit. In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Kard.

    3.6. Offer Details.  Offers may be subject to certain restrictions. For example, there is a $250 cashback limit per transaction. Please read the offer details as they are presented to you carefully.

    3.7. Unlinking Your Card. To unlink your card, you must follow the steps below for each card you wish to delete:

    • Go to your account settings
    • Click on deactivate card
    • Confirm you want to deactivate card
  4. Privacy. Our Privacy Policy is located here: https://www.getkard.com/privacy-policy. Please review the Privacy Policy to learn about:

    • What information we may collect about you;
    • What we use that information for; and
    • With whom we share that information
  5. Data and Feedback

    5.1 Generally. All data that you provide or transmit into the Kard Platform (“User Data”) will be, as between you and Kard, owned by you.  You hereby grant (and you represent and warrant that you have the right to grant) to Kard an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your User Data, and to grant sublicenses of the foregoing rights, for the purposes of operating and providing the Kard Platform, and for purposes of collecting and analyzing aggregated User Data on a de-identified basis to improve and enhance the Kard Platform and for other development, diagnostic, and corrective purposes in connection with the Kard Platform and any other Kard offerings.  We may use and disclose such aggregated User Data in anonymized and de-identified form in connection with our business.  For clarity, any statistics and information regarding your use of the Kard Platform (“Usage Data”) is separate from, and will not include or be deemed, User Data and we may use and disclose Usage Data in connection with our business.

    5.2. Feedback.  You hereby grant to Kard a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Kard Platform any suggestions, enhancement requests, recommendations or other feedback you provide relating to the Kard Platform (“Feedback”). Kard will treat any Feedback you provide to Kard as non-confidential and non-proprietary.  You agree that you will not submit to Kard any information or ideas that you consider to be confidential or proprietary.
  6. Indemnification.   You agree to indemnify and hold Kard (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Kard Platform, (b) your User Data, (c) your violation of these Terms; or (d) your violation of applicable laws, rules or regulations.  Kard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Kard.  Kard will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  7. Third-Party Links, Applications & Ads

    7.1. Third-Party Links, Applications & Ads.  The Kard Platform may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”).  Such Third-Party Links, Applications & Ads are not under the control of Kard, and Kard is not responsible for any Third-Party Links, Applications & Ads.  Kard provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads.  You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
  8. Disclaimers

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND KARD (AND OUR SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. We make no warranty that any payment card reward information, or other advice, information, or recommendation we make through the Kard Platform is accurate or reliable, and do not guarantee that offers or rewards will be available to you. We are not a financial advisor, and any information or any advice or other materials provided as part of the Kard Platform should not be considered financial advice. You acknowledge and agree that our advice and recommendations are based, in part, on the accuracy and reliability of User Data that you submit, and that such data and information, and conditions, may change, which may render any advice, information, or recommendation incorrect or inadvisable. You are solely responsible for your payment card use, and do so at your own risk. Except as set forth in Section 9 below, Kard shall have no liability with respect to any injury, property damage, or death that arises from any activities in connection with your use of the Kard Platform, or any advice, information or recommendation contained thereon.
  9. Limitation on Liability


    YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KARD BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT KARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  

    OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS (U.S. $50) AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

    THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF KARD FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.

    THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KARD AND YOU.
  10. Term and Termination

    Subject to this Section, these Terms will remain in full force and effect while you use the Kard Platform.  We may suspend or terminate your rights to use the Kard Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Kard Platform in violation of these Terms.  If you want to terminate the Services provided by Kard, you may do so by (a) notifying Kard at any time and (b) closing your Account. Your notice should be sent, in writing, to Kard's address set forth below. Upon termination of your rights under these Terms, your Account and right to access and use the Kard Platform will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Data associated with your Account from our live databases.  Kard will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Data.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2-2.5, 5–11.
  11. General

    11.1 Dispute Resolution.  PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY.  It requires you to arbitrate disputes with Kard and limits the manner in which you can seek relief from us.


         a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Kard Platform or to any aspect of your relationship with Kard, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Kard may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.

         b. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: United Corporate Services, Inc., 874 Walker Road Suite C, City of Dover, County of Kent, Delaware 19904.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Kard will pay them for you.  In addition, Kard will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


          c. Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Kard.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.

          d. Waiver of Jury Trial.  YOU AND KARD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Kard are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1(a) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

         e. Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the Commonwealth of Virginia.  All other claims shall be arbitrated.

         f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Kard Financial, Inc., Attn: Legal Department, 120 East 23rd Street, New York, NY 10010 and hello@getkard.com, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the email address you used to set up your Kard account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.    If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

         g. Severability. Except as provided in subsection 11.1(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

         h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Kard.

         i. Modification.  Notwithstanding any provision in these Terms to the contrary, we agree that if Kard makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Kard at the following address: Kard Financial, Inc., Attn: Legal Department, 120 East 23rd Street, New York, NY 10010 and hello@getkard.com.


    11.2. Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Kard agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.

    11.3. Governing Law.  The Terms and any action related thereto 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 another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    11.4. Export. The Kard Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Kard, or any products utilizing such data, in violation of the United States export laws or regulations.

    11.5. Electronic Communications.  The communications between you and Kard use electronic means, whether you use the Kard Platform or send us emails, or whether Kard posts notices on the Kard Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Kard in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kard provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    11.6. Notice.  Where Kard requires that you provide an e-mail address, you are responsible for providing Kard with your most current e-mail address.  In the event that the last e-mail address you provided to Kard is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms, Kard’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Kard at the following address: Kard Financial, Inc., Attn: Legal Department, 120 East 23rd Street, New York, NY 10010.  Such notice shall be deemed given when received by Kard by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    11.7. Force Majeure.  Kard shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    11.8. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Kard Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Kard is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kard’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Kard may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

    11.9. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Kard Platform, please contact us at hello@getkard.com. We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

    11.10. Consumer Complaints.  In accordance with California Civil Code §1789.3, if you are a Consumer User, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

    11.11. Copyright/Trademark Information.  Copyright © 2018, Kard Financial, Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Kard Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

    11.12. Contact Information:
         Kard Financial, Inc.
         120 East 23rd Street
         New York, NY 10010
         hello@getkard.com
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