Terms & Conditions

Effective Date: 3/7/2024

The following Terms and Conditions (“Terms”) govern your use of the Frisbee Rewards’  mobile application(s) (“Mobile App”) and website(s) (collectively, the “Platform”) and/or the products and services offered, operated or made available through the Platform by Frisbee (collectively, the “Services”). The Platform and Services are owned and operated by Klover Holdings, Inc. d/b/a Frisbee (“Frisbee”, “We”, “Us” or “Our”). As defined in these Terms, “Frisbee Account” refers to your account with Frisbee. “You”, “Your” or “User” means any person using the Frisbee Platform or Services.

Please read these Terms carefully before using this Platform or Services or accessing any data thereon. By using, downloading or accessing the Platform or engaging with the Services, you are entering into these Terms with us and agree to comply with them. This is a legally binding agreement. If you do not agree to these Terms, you may not use the Frisbee Platform or Services. 

These Terms contain an Arbitration Agreement in Section 12 and a waiver of class action rights. By agreeing to these Terms, you agree to those provisions. 

These Terms are subject to occasional revision. Please regularly check the Site to view the most recent terms.

1. REGISTRATION AND ACCOUNT ACCURACY

1.1 Account Eligibility.

To obtain a Frisbee Account, you represent and warrant that: (i) you are a legal resident of the United States; (ii) you are over the age of 18 and are legally allowed to enter into a binding contract; (iii) you will provide us with accurate, current and complete registration information; (iv) your registration and your use of Frisbee is not prohibited by law; and (v) your registration uses an actual email address owned and operated by you. 

In order to use certain Services, Frisbee may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services or revoke any previously granted access.

1.2 Account Creation.

In order to use the Frisbee Services, you must register with us and create an account (“Frisbee Account”). When you create a Frisbee Account, you will obtain a Login ID and password. Frisbee will then prompt you to provide us with certain information, including, but not limited to, your name, email address and, bank account information, third party reward card information (collectively “Account Information”).

You may only open one Frisbee Account. You may not maintain a joint account with another person and you cannot add an authorized user to your Frisbee Account. You agree that you will not allow another person to use or access your Frisbee Account and will not share your Login ID or password with other persons. You represent that you are a legal owner of, and that you are authorized to provide us with all Account Information and other information necessary to facilitate your use of the Services.

1.3 Account Responsibilities.

You are responsible for your own registration and all use of the Frisbee Platform and Services under such registration. You shall not share your password nor use Frisbee through the Frisbee Account of any third party. Your registration is personal to you and is not transferable by you to any third party without our prior written consent.

Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Frisbee Account through some other means, you agree to notify us as soon as possible at support@frisbeerewards.com.

2. FRISBEE ACCOUNT USE

2.1 Frisbee Reward Program.

Frisbee allows its users to earn points on the Frisbee Platform which can be redeemed for gift cards at popular retailers or brands (“Frisbee Rewards”) by: (i) uploading copies of your physical receipts from your daily activities and through; (ii) participating in market research or surveys inside the Frisbee Platform; (iii) linking your bank account or debit card to the Frisbee PLatform; (iv) linking a third party rewards or loyalty membership card to the Frisbee Platform; (v) linking an email account; (vi) referring a friend (who must sign up with a code and scans at least one receipt or (vii) engaging in in-app games, sweepstakes, contests or promotions (as defined below).

2.1 Receipts Eligible for Award Redemption.

Frisbee users may upload receipts from specified eligible retailers and/or stores as detailed within the Frisbee Platform and such eligible retailers or stores may be changed from time to time in our sole discretion. These types of retailers and stores include generally, with some exceptions:

  • Supermarkets
  • Convenience Stores
  • Supercenters
  • Liquor Stores
  • Dollar Stores
  • Pet Supply Stores
  • Toy Stores
  • Drug Stores
  • Beauty Stores
  • Health Stores
  • Mom & Pop Stores / Bodegas
  • Quick Service Restaurants

Receipt images uploaded or otherwise provided through the app must legibly include the retailer name, all individual items purchased and their prices, the total amount paid and transaction date. If any of this receipt information is illegible or missing, your receipt may not be eligible to earn points towards Frisbee Rewards. 

Receipt images must be uploaded within fourteen (14) days of the in-store transaction to be eligible to earn points towards Frisbee Rewards. The same receipt may not be uploaded more than once. A maximum of forty (40) receipts per Frisbee Account per week may be eligible for points.

2.3 Ineligible Receipts.

Although Frisbee accepts many types of receipts for Frisbee users to earn points in the Frisbee Platform, the following types of receipts are examples of receipts that will not be accepted for earning Rewards:

  • Receipts from friends or family members
  • Services invoices (receipts not tied to consumable products, e.g. gasoline, haircuts)
  • Handwritten receipts
  • Movie tickets
  • Receipts with no items

2.4 Linking Bank or Debit Account.

Frisbee users may also earn a one (1) time points reward by linking their eligible bank account or debit card. Frisbee will not share your raw transaction data with any third parties, but may analyze your transaction data to provide you with more relevant offers, personalized advertising and Frisbee Services. For more information on how Frisbee uses your personal information, please see our Privacy Policy. If you have any questions or would like to unlink your bank or debit account information from Frisbee, please contact us at support@frisbeerewards.com.

2.5 Linked Third Party Loyalty Cards.

Frisbee users can earn additional points in association with a retailer or consumer account that you link to your Frisbee account. For example, if you link your Walgreens, CVS or Krogers account (collectively “Third Party Accounts”), you can earn more points towards Frisbee Rewards. 

By linking your Third Party Accounts, you authorize Frisbee to access your Third Party Accounts and you authorize Frisbee to access receipts of your transactions with those linked Third Party Accounts. In addition, you represent and agree that for all Third Party Accounts, you are an authorized user of that account and have the authority to provide Frisbee with access to that account on your behalf. 

If you have any questions or would like to unlink your Third Party Account information from Frisbee, please contact us at support@frisbeerewards.com.

2.6 Linked Email Accounts.

You may earn Frisbee Rewards points for linking your email account (“Linked Email Account”) where you may receive your digital receipts to your Frisbee app. 

By linking your email account, you authorize Frisbee to access your Linked Email Account to access receipts of your transactions. You represent and agree that for all Linked Email Accounts, you are an authorized user of that Linked Email Account and you provide Frisbee access to that account. Please note that while you are engaged with the Frisbee app, Frisbee may be able to access your Linked Email Account to retrieve receipts from that account.

2.7 Prohibited Conduct.

As a condition of your use of the Frisbee Service, you agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party) to gain points through any manner that is not conducive to the app’s intended purpose, which includes, but is not limited to:

  • Creating duplicate profiles to take advantage of point-based activities;
  • Utilizing multiple devices or technical knowledge to bypass any limitations within the app;
  • Falsifying offer redemptions;
  • Submitting any data to Frisbee that is false, inaccurate, tampered with, or otherwise inauthentic in an effort to garner points;
  • Uploading or submitting receipts that have already been redeemed by yourself or another user or falsely created; and
  • Use the app, points, or cash out gift cards for any illegal purpose, or in a manner that is in violation with any local, state, national, or international law.

We may suspend or terminate your Frisbee Account if prohibited conduct is suspected and/or if receipts submitted are not the direct result of your shopping activity. 

If you have any questions about Frisbee’s prohibited conduct policy, please contact us at support@frisbeerewards.com. 

3. HOW TO EARN FRISBEE POINTS

3.1 How to Earn Frisbee Points.

As a Frisbee user, you can earn points for the receipts that you share (up to forty (40) a week). As noted in Section 2, these receipts can be scanned or shared from or linked from Third Party Accounts or Linked Email Accounts. The more receipts you share, the more points you earn. Sharing more receipts makes you eligible for points boosts which you can cash out for gift cards to all your favorite stores. The points bonus cycle restarts at the beginning of every month.

3.2 Points Per Physical Receipt Shared.

For valid receipts (please see Section 2.2), you scan in the app receipts that have been transacted within the last fourteen (14) days and you will earn points for your receipt based on the total transaction value. Receipts must be from within fourteen (14) days, have a transaction total present, and have display of a merchant’s name. Below are the point values for scanned receipts:

  • For scanned receipts $49.99 or less - receive 5 points
  • For scanned receipts $50 - $99.99 - receive 10 points
  • For scanned receipts $100 - $149.99 - receive 15 points
  • For scanned receipts $150+ - receive 20 points

3.3 Points Per Digital Receipt Shared.

For all valid digital receipts received in the Frisbee app from the last fourteen (14) days shared from linked loyalty accounts and email accounts, you will receive five (5) points per receipt. Please note that submitted receipts must meet all of the requirements described in Section 2.1 to earn points towards Frisbee Rewards.

3.4 Points Per Additional Receipt Shared.

The more scanned and digital receipts that you share within the Frisbee Platform, the bigger your points bonuses are:

  • Share 31+ receipts - receive a bonus of 60 points
  • Share 21-30 receipts - receive a bonus of 40 points
  • Share 11-20 receipts - receive a bonus of 20 points
  • Share 6-10 receipts - receive a bonus of 10 points

3.5 Additional Ways To Earn Points.

In addition to sharing receipts, there are additional ways to earn Frisbee points towards Frisbee Rewards. For example:

  • Link a retailer account - 10 points (one-time, per account)
  • Link a bank account - 20 points (one-time, per account)
  • Link an email account - 20 points (one-time, per account)
  • Refer a friend - 200 points per person you refer who signs up with your code and scans at least 1 receipt (your friend earns 50 after those steps are complete!)
  • Play games linked to other apps (users can earn up to 1000 points)

3.6 Sweepstakes and Contests.

Frisbee holds daily and weekly sweepstakes. Each day, we will select ten (10) winners to earn 2,000 points. To enter into the sweepstakes, please see the rules below. Winners will be contacted by the email provided to Frisbee.

We will also select two grand prize winners each week to earn 25,000 points each. Please see the rules below for the weekly sweepstakes.

Daily Sweepstakes

  • Scan a valid paper receipt to enter the daily sweepstakes automatically
  • Frisbee will draw ten (10) winners each day
  • Each winner will win 2,000 points
  • There is no limit on the amount of times you can win the daily sweepstakes

Weekly Sweepstakes

  • Each receipt you submit will grant you an entry into the weekly sweepstakes (paper receipts, loyalty, and email account receipt linking)
  • Weekly sweepstakes are based on the calendar week (not a rolling 7-day period)
  • Each week we will choose two (2) grand prize winners to earn 25,000 points
  • You can win the weekly sweepstakes one (1) time in a calendar year

3.7 Expiration of Points.

Your points that you have earned with Frisbee do not expire for the duration that you keep your account active with Frisbee. If you choose to delete your account and still maintain a point balance, those points will no longer be accessible after you delete your account. Frisbee will provide you notice of the points remaining in your account prior to final deletion of your account.

4. FRISBEE REWARDS REDEMPTION

4.1 Frisbee Rewards Redemption.

From the points you earn within the Frisbee app, you may apply those points to Frisbee Reward redemptions which include using your Frisbee points to receive gift cards from some of your favourite retailers and shops. Frisbee Reward redemptions must be made within the Frisbee app and you may be asked to confirm information about yourself and/or your household in order to redeem Rewards. To learn more about how to earn points on Frisbee, please see above at Section 3.

When you redeem points from your Frisbee Account towards a Frisbee Reward, those points will be debited from your account and may not be used again. 

Please note that Frisbee reserves the right to change app functionality and Award redemption options.

4.2 Limitations.

Once you have earned enough points through the Frisbee Services, you may be able to redeem those points for Frisbee Rewards. Please note that Frisbee Rewards:

  • Cannot be redeemed for cash;
  • Cannot be transferred or sold/purchased; and
  • Will be sent via email to the email address we have on file and cannot be sent to another email address.

4.3 Duration To Receive Award.

Frisbee will attempt to process redemption requests within two to three days of their submission.

If you have not received a communication or Frisbee Reward from us within that time period, please contact support@frisbeerewards.com. 

4.4 Fraudulent Activity.

If Frisbee detects any fraudulent activity in your Frisbee Account, Frisbee may withhold delivery of your Frisbee Reward. 

If you have questions about any potential fraudulent activity associated with your Frisbee Account, please contact support@frisbeerewards.com.

5. SWEEPSTAKES, CONTESTS AND PROMOTIONS

Any sweepstakes, contests or other promotions (collectively, “Promotions”) that may be offered via the Frisbee Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of submissions, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules.

6. THIRD PARTY ACCOUNT INFORMATION AND WEBSITES

To use certain aspects of the Services, you must give Frisbee permission to retrieve your rewards or loyalty account information maintained by third party retailers or brands with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We will use this information to provide you with the Frisbee Services that you request, for our own internal business purposes and to offer you other Frisbee products and services that may be of interest to you. By using the Services, you authorize Frisbee, as well as third-party service providers acting on Frisbee’s behalf, to access your Third-Party Account Information, on your behalf as your agent, and you expressly authorize these third parties to disclose Third-Party Account Information to us. 

You agree that you are responsible for maintaining the security of the passwords and usernames that you use to access any third-party sites and will keep those passwords and usernames up-to-date on the Platform. Frisbee does not review Third-Party Account Information for accuracy, legality or non-infringement. Additionally, Frisbee is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.You understand that any Third-Party Account Information displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.Frisbee may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site.

7. PROPRIETARY MATERIAL AND OWNERSHIP

All the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on the Frisbee Platform or Services (collectively, the “Frisbee Content”), and all software embodied or used in the Frisbee Platform or Services (“Software”) is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by these Terms, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Frisbee Content is prohibited.

8. LICENSE TO USE THE FRISBEE SERVICE

We authorize you to access, view and use Frisbee Content and Software (collectively, “Property”) solely to the extent necessary for you to use the Frisbee Platform and Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Property. Except as expressly permitted by these Terms, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting the Property in any way is strictly prohibited.

You agree, and represent and warrant, that your use of the Frisbee Platform and Service and the Property will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Frisbee Platform and Service, the Property or your use of them, and that in using the Frisbee Platform and Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Frisbee Platform and Service.

You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Frisbee Platform and Service, and for paying for such equipment and any telecommunications charges.

9. FEEDBACK SUBMITTED TO FRISBEE

We would like to hear from you and welcome your comments about the Frisbee Service and ways we can improve it. Please submit any comments at support@frisbeerewards.com. If you submit ideas or suggestions for the Frisbee Service (“Service Comments”), the Service Comments will be deemed, and will remain, our sole property. None of the Service Comments will be subject to any obligation of confidence and we will not be liable for any use or disclosure of any Service Comments.

10. PRIVACY POLICY

By agreeing to these Terms, you also consent to Frisbee’s Privacy Policy, which details how we handle and protect your data. We reserve the right to update the Privacy Policy at our discretion. Any changes made to the Privacy Policy are effective when the updates are made live on the Platform.

11. WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not warrant that Frisbee will operate error-free or without downtime. We may pause or interrupt the Frisbee Service at any time, and users should expect periodic downtime for updates to the Frisbee Service. Because we do not control the security of the Internet, or other networks you use to access Frisbee, we are not responsible for the security of information that you choose to share with us while it is being transmitted. Additionally, we are not responsible for any data lost during transmission. Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of these Terms or for any other cause of action shall be (at our option) to remedy the failure or to give you a credit for the amounts that may be owed to you as an award.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND THE PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR THE PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE PROPERTY. No advice or information, whether oral or written, obtained by you from or through the Frisbee Service will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF ANY AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. ARBITRATION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Frisbee and limits the manner in which you can seek relief from us.

12.1 Applicability of Arbitration Agreement.

You agree that any dispute, claim or request for relief relating in any way to your access or use of the Site, to the Service, or to any aspect of your relationship with Frisbee, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Frisbee may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

12.2 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 dispute or claim or request for relief to our registered agent: National Registered Agents, Inc., 1209 Orange Street, Wilmington, Delaware 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief 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 disputes 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, Frisbee will pay them for you. In addition, Frisbee will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief 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.

12.3 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 assertion 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 Frisbee. 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.

12.4 Waiver of Jury Trial.

YOU AND FRISBEE 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 Frisbee are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 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.

12.5 Waiver of Class or Other Non-Individualized Relief.

ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF 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 dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.

12.6 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: support@frisbeerewards.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the phone number you used to set up your 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.

12.7 Severability.

Except as provided in subsection 12.5, 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.

12.8 Survival.

This Arbitration Agreement will survive the termination of your relationship with Frisbee.

12.9 Modification.

Notwithstanding any provision in these Terms to the contrary, we agree that if Frisbee 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 Frisbee at the following address: Frisbee Rewards, 222 W. Hubbard St, Ste 210, Chicago, IL 60654.

13. SUSPENSION, MODIFICATION OR TERMINATION

We reserve the right to suspend your Frisbee Account and/or access to the Frisbee Platform or Services at any time. We reserve the right to terminate or modify these Terms, terminate the Frisbee Service or modify any features or aspects of the Frisbee Service, or modify its policies at any time. Any such termination will not affect any Rewards you have earned prior to termination. If you earn an award or use the Frisbee Service, you shall be bound by the version of the Terms in effect at the time of your award. If we make changes that materially affect your use of the Frisbee Service, we will post a notice of the change on or within the Frisbee Platform. You are under an obligation to review the current version of these Terms and other published policies before using the Service.

14. FORCE MAJEURE

In no event shall we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control.

15. THIRD PARTY BENEFICIARIES

The provisions of these Terms are entered into for the benefit of us and our third party licensors and each of them shall have the right to enforce such provisions of these Terms directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to these Terms.

16. MISCELLANEOUS PROVISIONS

No delay or omission by us in exercising any of our rights related to noncompliance or default by you with respect to any of the terms and conditions of these Terms will impair any such right or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms sets forth the entire agreement between us regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer these Terms or any right or obligation hereunder to any third party.

17. CHOICE OF LAW

Any disputes arising out of or related to these Terms and/or your use of Frisbee shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles (except that the Arbitration provisions in Section 12 shall be governed by the Federal Arbitration Act).

18. GENERAL

18.1 Changes.

These Terms are subject to occasional revision, and we reserve the right to charge fees for accessing and using the Service in the future. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an email, as explained in Section 18.7, and/or by prominently posting notice of the changes on the Services. Any changes to these Terms will be effective upon the earliest of when you provide your acceptance of the changes, thirty (30) calendar days following our email notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Service. The changes will be effective immediately for new users of the Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.

18.2 Export.

The Service 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 use, export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Frisbee, or any products utilizing such data, in violation of the United States export laws or regulations.

18.3 Disclosures.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product 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.

18.4 Electronic Communications.

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

18.5 Questions, Complaints or Claims.

If you have any questions, complaints or claims with respect to the Service, please contact us at support@frisbeerewards.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.

18.6 Taxes.

You agree that you are solely responsible for ascertaining and complying with any tax obligations you may have in connection with your use of the Service.

18.7 Notice.

Where Frisbee requires that you provide an email address, you are responsible for providing Frisbee with your most current email address. In the event that the last email address you provided to Frisbee is not valid, Frisbee's dispatch of the email containing such notice will constitute effective notice. You may give notice to Frisbee by regular mail at the address provided in Section 18.10. Such notice shall be deemed given when received by Frisbee by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

18.8 International Users.

The Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Frisbee intends to announce such services or content in your country. The Service is controlled and offered by Frisbee from its facilities in the United States of America. Frisbee makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.

18.9 Entire Agreement.

These Terms constitute the entire agreement between you and Frisbee regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 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. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Frisbee’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Frisbee may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

18.10 Contact Information.

If you have questions regarding the Terms or the practices of Frisbee, please contact us by email at support@frisbeerewards.com or by regular mail at:

Frisbee Rewards

222 W Hubbard St Ste 210

Chicago, IL 60654

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