Last Updated: 11/4/22
These Rewards Cards Terms (“Terms”) are a binding agreement between you and Issuer (as defined below) that govern your access to and use of the Services (as defined below). If you do not agree with these Terms, do not use or accept the Card (as defined below).
Your Card is sponsored by Reach Enterprises, Inc. (DBA Reach) (“Sponsor”) in connection with a loyalty, award, incentive, or promotional program (the “Rewards Program”). Your Card is provided as a gratuity, and you received it without paying or providing other value for it. When the Card expires, the funds on the Card expire.
Arbitration Notice and Class Action
Except for certain types of disputes described in the arbitration agreement section below, you agree that disputes between you and us will be resolved by binding individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
- “Card” means a reloadable rewards card, virtual and/or physical, issued to you by the Issuer and sponsored by the Sponsor, and includes any associated account or records associated with the Card. The Card is not a gift card, debit card, nor credit card.
- “Card Network” means the payment card network operated by MasterCard Incorporated, MasterCard Worldwide, Inc., and MasterCard International Incorporated.
- “Card Parties” means Sponsor, Issuer, any Service Provider, and any affiliates, employees, contractors, officers, and directors of any of the foregoing.
- “Issuer” means Patriot Bank, N.A., which is responsible for issuing the Card, or such other bank partners that Sponsor may determine.
- “Services” means the services Sponsor and Issuer provide to you, including any use of Cards.
- “Service Provider” means any companies Sponsor or Issuer contracts with to offer the Services, directly or indirectly.
- “You” and “your” refer to anyone who has been issued the Card by Sponsor and is authorized to use the Card and/or Services.
- “Program Merchant(s)” means specific merchant, merchant location, and/or brands identified as participating in the Rewards Program.
- “Reward Currency” means rewards offered through the Services for your participation in the Rewards Program, certain visits and/or purchases from Program Merchants, and/or for certain other activities.
- Reach Reward Cards can only be issued to cardholders who are residents of the United States and who have a verifiable physical U.S. street address (no P.O. Boxes).
- Expiration. The Card is valid through the expiration date shown on the card, except as required otherwise by applicable law. When the Card expires, if your account is still active you may request a replacement card by contacting us at email@example.com.
- Card Funds. Cards are exclusively loadable/reloadable by Sponsor. Funds associated with a card are denominated in Reward Currency, which is converted by Sponsor to U.S. Dollars at the time of an eligible transaction. You may not add funds through any deposit or transfer, and funds associated with your account may only be used on eligible transactions approved by the Sponsor at the time of the transaction. You will not receive interest on any funds associated with your Account Card.
- Activation and Spending Limits. You cannot use your Card until it is activated by the Card Parties, as applicable. The Card Parties may impose spending or other limits on your use of the Card and Services, and the Sponsor will inform you of any such limits that may apply. The maximum daily transaction total is $1,000 US Dollars per day
- Card Restrictions. We may decline a purchase for any illegal transaction, gambling, or high-risk products or services, or for fraud, legal, or security reasons. We may also decline purchases based on the status of the Program Merchant and/or rules governing the earning of the Reward Currency.
- No Cash Value or Access. Cards have no cash value and may not be redeemed for cash or otherwise monetized. The Card may not be used to access cash, for cash advances, cash back at the point of sale, gift cards, money orders, or traveler’s checks.
- Authorized Users. If you permit someone else to use your Card, you will be responsible for any transactions initiated by such a person.
- No Card Ownership. You are not the owner of the Card or any funds associated with the Card. The Card is the property of the Sponsor and must be surrendered on demand.
- Sponsor Rights. Sponsor may suspend, cancel, revoke, or restrict the use of your Card at any time, for any reason, and without notice. Sponsor is not liable if a merchant refuses to honor your Card.
- Compliant Use. You agree not to circumvent or attempt to circumvent the security of the Services for any purpose, including to use any Services for which you are not authorized. You agree to use the Services in compliance with all laws, rules, and regulations that apply to your use of the Services.
- Balance Inquiry and Transaction History. To check the balance on your Card or inquire about your transaction history, please refer to the Wallet section of the Reach mobile app or contact us at firstname.lastname@example.org.
- Replacement. If you need a replacement card, refer to the Wallet section of the Reach mobile app or contact us at email@example.com. There is no fee for a replacement card. A replacement will not be issued if the Card has expired.
- International Use. You may use your Card only with Program Merchants in the continental United States, Hawaii, and Alaska. Transactions must be in U.S. Dollars; transactions not denominated in U.S. Dollars will be declined by the Sponsor.
- No Fees. There are no fees associated with the Reach Rewards Card.
Loss, Theft, or Unauthorized Use
If your Card is lost or stolen, or an unauthorized transaction was made using your Card, notify us immediately at firstname.lastname@example.org. We may ask for the Card number and other identifying details; we may not be able to assist you if you do not have the Card number or are not the authorized user. We may need to investigate any claim with respect to a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction.
Reach and its licensors, suppliers, partners, parent, subsidiaries, affiliated entities, and parties with whom Reach contracts to offer Cards and the Services, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Reach and all such parties together, the “Reach Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Reach Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Reach Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. The services and content are provided by REACH and its licensors and suppliers on an “as-is” basis, without warranties of any kind, either expressed or implied, including without limitation, implies warranties of merchantability, fitness for a particular purpose, non-infringement, or that of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the REACH parties be liable to you or to any other person for
- Any indirect, special, incidental, punitive, or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction,
- Any substitute goods, services or technology,
- Any amount, in the aggregate, in excess of one hundred ($100) dollars or
- Any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential, or certain or certain other damages, so the above limitation and exclusions may not apply to you.
You agree to indemnify the Card Parties and/or Program Merchant(s) and hold them harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder)
Sponsor may assign or transfer these Terms without your consent. You may not assign or transfer any part of these Terms without Sponsor’s prior written consent.
These terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Connecticut, without regard to the conflicts of laws provisions thereof.
Please read the following Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Reach and parties with whom Reach contracts to offer Cards and the Services and limits the manner in which you can seek relief from Reach. Both you and Reach acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Reach’s officers, directors, employees and independent contractors and the officers, directors, employees, and independent contractors of any Reach Parties (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
- Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Santa Clara County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
- Costs of Arbitration. The Rules will govern payment of all arbitration fees. Reach will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Reach will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Small Claims Court; Infringement. Either you or Reach may assert claims, if they qualify, in small claims court in the state of Connecticut. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- Waiver of Jury Trial. You and REACH waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and Reach are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Reach over whether to vacate or enforce an arbitration award, You and REACH waive all rights to a jury, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of other customers or users. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Reach is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
- Opt-out. You have the right to opt-out of the provisions of this Section by sending written notice of your decision to opt-out to the following address: 1250 Borregas Avenue, Sunnyvale CA 94089 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt-out of these Terms’ arbitration agreement.
- Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Reach to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Reach agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Connecticut or the federal district in which that county falls.
- Severability – Arbitration Agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Reach.
Severability – these Terms
The invalidity or unenforceability of any of the provisions of these Terms, or the invalidity or unenforceability of the application thereof to any individual, entity, or circumstance, shall 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 shall not affect the validity or enforceability of any other provisions of these Terms.
These Terms (including any additional terms incorporated by reference herein) constitute the entire understanding between you and Sponsor regarding the subject matter of these Terms, and no other agreements, representations, or warranties other than those provided in these Terms will be binding unless in writing and signed by you and Sponsor.
Changes to These Terms
You may not modify these Terms without Sponsor’s prior consent. Sponsor may modify these Terms with notice at any time Sponsor deems to be reasonable in the circumstances and in accordance with the terms of any Service Provider agreement with Sponsor. If you do not accept any such modification, you must stop using the Services (including any Card). If you continue to use the Services, you will be deemed to have consented to the modifications of these Terms.
Issuer has no responsibility for the loyalty, award, incentive, or promotional programs, and you release Issuer, its affiliates, and service providers from any and all liability or claims of any nature arising out of the Rewards Program.
If you have questions about the operation of the Services or the use of your Card, contact Sponsor via email at email@example.com.