The Cheaper Rewards Program Terms and Conditions

CHEAPER REWARDS PROGRAM TERMS AND CONDITIONS

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE CHEAPER LOYALTY PROGRAM.
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Welcome to the Cheaper loyalty program (“Cheaper” or the “Program”). These Program Terms and Conditions (“Terms”) contain important information about your rights and obligations in the Program.Cheaper is provided by Cheaper By The Minute which is solely responsible for the Terms of the Program. Cheaper By The Minute may modify, add or delete any of these Terms, benefits or Rewards, in whole or in part, at any time, even though such changes may affect the value or amount of your Eligible Purchase spend, Discounts, and Rewards (collectively, the “Loyalty Components”) already accumulated and/or the time for redemption. Participating in the Program means you are bound by these Terms.

1. General Information; Definitions; Changes

Participation in the Program and its benefits are offered at the sole discretion of Cheaper By The Minute. As used herein, “Cheaper By The Minute” means Cheaper By The Minute Brand Management, Inc., Cheaper By The Minute Direct, Inc., Cheaper By The Minute, LLC, Cheaper By The Minute, Inc., and all affiliates or assignees. These Terms apply to all aspects of your use of the Program, including, but not limited to, Program membership, earning Loyalty Components, Reward redemption, all other Program benefits and any purchase made using your Program account, and all disputes between you and Cheaper By The Minute. Other restrictions may apply.
CHEAPER BY THE MINUTE MAY, AT ANY TIME, CHANGE ANY AND ALL ASPECTS OF THE PROGRAM, SPECIAL PROMOTIONS, AND THESE TERMS, OR OTHERWISE END THE PROGRAM. Cheaper By The Minute will provide thirty (30) days’ notice prior to termination of the Program. See Section 18 for additional details regarding updates to the Terms.
The Program allows you to earn Rewards (each, a “Reward”) by accumulating Discounts (defined below) on the dollars you spend, as described in Section 3 below, by: (i) presenting your Program barcode (which can be accessed via the Cheaper By The Minute Mobile Application (“App”) or via your Account on www.cheaperbytheminute.com (the “Website”)) or (in some states) providing the phone number or email address associated with your Account for in-store purchases; or (ii) signing in to your Account for purchases made on the Website or via the App.
In these Terms, “Participant”, “you”, and “your” mean the Account holder. “Account” means your Program account. “We”, “our”, “ours”, and “us” mean Cheaper By The Minute. “Point(s)” means the credit you accrue or earn toward your next Reward, as detailed in Section 3 of the Terms. These Terms contain the entire understanding between you and Cheaper By The Minute regarding the Program.
The Program is intended for personal use only and commercial use is prohibited. You are limited to one Account. Your Account and membership are personal to you. You may not transfer to others your Account or membership in the Program, or any benefit of any kind. Moreover, Loyalty Components are not transferable and may not be combined or conveyed by any means to anyone, including through your estate, and may not pass to your successors and assigns and, as such, Loyalty Components are not transferable by you (i) upon death, (ii) as part of domestic relations proceedings, or (iii) otherwise.
In-store Program Participation can occur only at participating Cheaper By The Minute stores in the United States.

2. Eligibility; Enrollment

Membership in the Program and App usage is only open to residents of the United States . You must be at least eighteen (18) years old at the time of registration, except that, in Alabama and Nebraska you must be nineteen (19) years old at the time of registration and in Mississippi and Puerto Rico you must be twenty-one (21) years old at the time of registration.
Program registration is available through the App(if available) and the Website (https://cheaperbytheminute.com/rewards) without the need for a transaction. The App is available to download on the Apple App Store and Google Play Store via iPhone and Android smartphone devices. In some Participating Stores, registration for the Program may also be available when making a purchase, return, or exchange transaction at the point of sale. Inquire at Participating Stores to see if you may register at their point of sale during a transaction.
To enroll in the Program, you must provide your first name, last name, email address, phone number, ZIP code, and other information, as indicated.
If you sign up for an Account at the point of sale at Participating Stores, you will receive an email with a link to set up a password for your Account on the Website. If you cannot find this email, you will need to go to the App or Website (https://www.cheaperbytheminute.com/rewards) to complete the Account sign up process by entering the email address you provided at sign up, and following the instructions to create a password and complete the setup of your Account.
When setting up an Account you agree that: (i) You will not use an e-mail address or phone number that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any e-mail address or password for any reason in our sole discretion; (ii) You will provide true, accurate, current, and complete information about yourself in connection with the Account registration process and, as permitted, maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your Account, email address and password – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your device so that others may not access your Account or any password protected portion of the App or Website using your email address or password; (v) You will immediately notify us of any unauthorized use of your Account, email address or password or any other breach of security; and (vi) You will not sell, transfer, or assign your Account or any rights you have under the Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability, or failure for any reason, to comply with any of the foregoing obligations.
While you will be able to accrue Loyalty Components prior to completing the sign-up process by creating a password on the Website, you may not be able to redeem Rewards or Special Offers until you have completed the sign-up process and created a password. Additionally, refer to Section 6 for details regarding the expiration of Loyalty Components for Accounts that have not completed the sign-up process and created a password.
Membership is nontransferable and subject to present and future Terms. Cheaper By The Minute reserves the right in its sole discretion to approve, deny, or revoke any aspect of Participation in the Program to any individual for any reason whatsoever. This includes, without limitation, the right to cancel your Participation or suspend accrued Loyalty Components and the right to terminate your Account. Without limiting the foregoing, Cheaper By The Minute will revoke Participation in the Program (including all benefits) for evidence of fraud, abuse of privileges, violation of these Terms, transfer of Program benefits or Loyalty Components, or the holding of multiple Accounts by an individual. “Participation” includes earning Loyalty Components and Rewards redemptions, and any other benefits associated with the Program. Enrollment becomes effective, and acceptance of these Terms begins when you commence the process of enrolling in the Program via the Website or App or at the point of sale in Participating Stores (the “Enrollment Date”).

3. Earning Discounts and Rewards

You will earn value toward your next Reward for Eligible Purchase spend. “Eligible Purchases” are the actual amount paid on any purchases of goods and/or services made by you after any applicable discounts are applied, excluding shipping and handling fees, applicable taxes, gift card purchases, gift wrap, and gift-wrap fees. Discounts will be earned at the time of purchase for in-store discounts, at the time of shipment for Website or App orders, and at the time of pickup for Buy Online, Pick Up In Stores (“BOPIS”) orders. In the event a Website or App order has multiple shipments, or is a mix between shipped and BOPIS products, Discounts will be assessed based upon the price of the products in each shipment or BOPIS order.
Cheaper By The Minute may from time to time, in its sole discretion, provide select Participants the opportunity to, on a limited time basis, earn Discounts in other ways (such as through other offers and activities we make available). The terms and conditions that apply to each Bonus Opportunity will be determined by Cheaper By The Minute in its sole discretion. Cheaper By The Minute will make efforts to notify eligible Participants of any Bonus Opportunity available to them and such notification will contain the terms and conditions associated with the Bonus Opportunity. Notification of the Bonus Opportunity may be made through email, through notice in the App, through notice in stores or in any other way deemed acceptable by Cheaper By The Minute in its sole discretion. Please check the terms and conditions of any Bonus Opportunity carefully, as there may be important conditions or limitations associated with the Bonus Opportunity and/or its Discounts.
Cheaper By The Minute may from time to time, in its sole discretion, surprise select Participants by awarding Participants additional Discounts or with other special offers (each, an “Automatic Bonus”). The terms and conditions that apply to each Automatic Bonus will be determined by Cheaper By The Minute in its sole discretion. Participants may or may not be notified of the opportunity to receive the Automatic Bonus prior to the Automatic Bonus being awarded to their account. Please check any terms and conditions associated with an Automatic Bonus carefully as there may be important conditions or limitations associated with the Automatic Bonus and/or its Discounts.
Purchases made within seven (7) days prior to the Enrollment Date and after the Enrollment Date are eligible to qualify as Eligible Purchase spend toward the earning of Discounts. Discounts are not earned on purchases made more than seven (7) days prior to the Enrollment Date, international purchases, purchases made from or through third parties (including, but not limited to, Instacart), unauthorized or fraudulent purchases, or purchases made by or for a business or for a business purpose.
Unless otherwise disclosed to you in the advertising or promotion of an offer, you will need to accrue one value for each Discount threshold to earn its corresponding Reward.
You must identify yourself as a Participant at the time of transaction for the transaction to be eligible to count as an Eligible Purchase that earns Discounts toward a Reward. On the Website or App, you must be signed into your Account. In Participating Stores, you must display your Program barcode (which can be accessed via the App or via your Account on the Website). Additionally, in Participating Stores, the redemption of a Reward associated with your Account in connection with a transaction will associate your Account with that transaction for the purpose of earning Discounts, if applicable. In some Participating Stores, you may also be able to provide the phone number or email address associated with your Account to earn Discounts in connection with a purchase.
Cheaper By The Minute will endeavor to see that Discounts earned toward your next Reward will be reflected in your Account balance within seventy-two (72) hours of your store purchase, your picking up a BOPIS purchase or your Website or App purchase having shipped.
Returns will be deducted from Discounts accrued towards earning a Reward. Discounts that contributed toward the earning of a Reward that were earned in connection with purchases that are later returned or refunded or otherwise adjusted will result in a deduction of those Discounts accordingly. Such deductions may result in a negative Discounts balance, in which case, any subsequent Discounts you earn will be applied to reduce that negative Discounts balance. With a receipt, an item acquired through Reward redemption may be exchanged for another item meeting the eligibility criteria for Reward redemption. All other returns and exchanges (including items acquired through Reward redemption) will be governed in accordance with the Cheaper By The Minute Return Policy.
We reserve the right to verify and adjust Loyalty Components at any time prior to or following posting or redemption.
Loyalty Components are the property of Cheaper By The Minute. Loyalty Components are a revocable licensed right and you have no monetary interest in the Loyalty Components.

4. Redeeming Rewards

Discounts may be applied on any Standard Purchase. Standard Purchases have not had any other discounts applied. If another Standard Discount is applied, you may apply 50% of Your Loyalty Discount. Standard Discounts do not include Negotiated Prices.
Products eligible for Reward redemption must each have a regular retail unit ticket price.
You must identify yourself as a Participant at the time of transaction to redeem the Reward. On the Website or App, you must be signed into your Account and apply your Rewards code in the Rewards Code box at checkout. In Participating Stores, you must open your App or your Account on the Website and display your redemption code.
Discounts are achieved by referencing various activity like purchased within the last 365 day period. Discounts are raised and lowered dynamically based on this data.
Shipping and handling fees apply to free items redeemed with Rewards on the Website or App.
Reward details are subject to change without notice.
Rewards have no cash value and you will not receive cash or credit for the difference between the regular retail unit ticket price of the free item redeemed.
Rewards may not be redeemed on products purchased through “auto-refresh” or “auto-ship” functionality or on purchases made from or through third parties (including, but not limited to, Instacart).
You may be notified of additional eligible and ineligible products at the time of Rewards redemption.

5. Special Offers

Special offers may be available to you from time to time at Cheaper By The Minute' discretion. Terms and conditions of those special offers are outlined in the offer details. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods or exclusions).
Offers are single-use only, unless otherwise stated, and are subject to change without notice.

6. Expiration of Eligible Purchase spend and Discounts

As used in this section, “transaction activity” means purchases, returns, exchanges or adjustment to the Account point balance by Customer Care.
Eligible Purchase spend and Discounts will expire if there has been no transaction activity associated with your Account for three hundred and sixty-five (365) days.
If you sign up for an Account at the point of sale at Participating Stores and fail to complete the sign-up process (described in Section 2) by creating a password for your Account, Eligible Purchase spend and Discounts will expire if there has been no transaction activity associated with your Account for ninety (90) days. However, for a select group of Participants, Cheaper By The Minute may, from time to time and in its sole discretion, extend the length of time that Eligible Purchase spend and Discounts are valid past ninety (90) days of inactivity prior to completing the sign-up process. Once the sign-up process (described in Section 2) has been completed by creating a password for your Account, thereafter Eligible Purchase spend and Discounts will expire if there has been no transaction activity associated with your Account for three hundred and sixty-five (365) days. However, for a select group of Participants, Cheaper By The Minute may, from time to time and in its sole discretion, extend the length of time that Eligible Purchase spend and Discounts are valid past three hundred and sixty-five (365) days of inactivity after completing the sign-up process.
Once Loyalty Components expire, they may not be resurrected.

7. Cancellation and Reactivation of Account

If you wish to cancel your Account you may do so by calling Customer Care at 1-800-869-0158 or by selecting “Delete Account” in the “My Account” section of the iOS App. Immediately after cancelling your Account, all earned Loyalty Components will be forfeited. However, within seventy-two (72) hours after calling to cancel your Account, your Account can be reactivated, and all earned Loyalty Components (including Loyalty Components earned as of the time of cancellation and Loyalty Components earned since cancellation) may be restored, provided that such Loyalty Components did not expire in the time period between Account cancellation and reactivation.
You can reactivate your Account by (within seventy-two (72) hours after calling to cancel your Account) (i) clicking the reactivation link in the email you receive confirming your Account cancellation, or (ii) by calling Customer Care and requesting that your Account be reactivated. In the event that your Account is reactivated within the seventy-two (72) hour timeframe after you cancelled your Account, you understand that restoration of the Account constitutes your re-enrollment in the Program and, by virtue of requesting that your Account be restored, you are again accepting and agreeing to these Terms (as may be amended at any time).

8. Communications

By participating in the Program, you are consenting to the receiving email and sms messages.
We may email/sms you regarding any matter related to the Program or send you marketing emails regarding Cheaper By The Minute offers and the latest new arrivals. You may opt out of marketing email materials by simply following the unsubscribe link provided in each marketing email.
However, if your Account remains active, you will continue to receive relationship/operational emails primarily related to the Program unless your Account is cancelled or otherwise terminated.
In the event you cancel your Account pursuant to Section 7 of these Terms (and do not restore your Account within seventy-two (72) hours after such cancellation), within ten (10) days of Account cancellation, you will be opted-out of receiving marketing emails related to the Program, but you will continue to receive marketing emails regarding Cheaper By The Minute offers and the latest new arrivals.
E-receipts are neither marketing nor emails related to the Program, but merely confirmations of purchases.
In addition, depending on your preferences, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Cheaper By The Minute is not responsible for any lost, stolen, expired, damaged, or otherwise misdirected communications or Loyalty Components due to change of address, email address or for any other reason. Loyalty Components will not be reissued. You are solely responsible for updating any changes to your contact and Account information.
We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

9. Program Activity; Customer Service

You can view your Discounts balance through the App(if available) or in your Account on the Website. For any questions regarding the Program, help & FAQs.
In the event you believe that a purchase should have resulted in the addition of Discounts, and those Discounts are not reflected in your balance within seventy-two (72) hours of your store purchase, your picking up a BOPIS purchase or your Website or App purchase having shipped, please contact Customer Care at 1-800-869-0158.
We reserve the right to make the final decision on whether any purchase qualifies for Discounts and the amount of Discounts earned.

10. Waivers
We can delay enforcing our rights under these Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
11. Privacy; Terms of Use
All information provided by you will be handled in accordance with the Cheaper By The Minute privacy policy found here.
By Participating in the Program through the App or Website you are also agreeing to the Terms of Use which govern your use of the Website and App. In the event that the Privacy Policy or Terms of Use conflict with these Terms, these Terms will control.
12. Intellectual Property
All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from the App or our Website remains the sole and exclusive property of Cheaper By The Minute or its licensor, and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. You agree that you will not circumvent, or attempt to circumvent, any technology or methods used by Cheaper By The Minute or its licensors to prevent the unauthorized reproduction or distribution of content accessible via the Program.
13. Taxes
You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Loyalty Components. Consult your tax advisor concerning any tax consequences that may arise from your Participation in the Program.
14. Severability
If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect. An exception to this general provision is provided in Section 18.
15. Limited Time to File Claims
If you want to assert a dispute against Cheaper By The Minute, then you must commence it within two (2) years from the date of the activity that first gave rise to the dispute, or it will be forever barred. “Commencing” means filing for arbitration with the AAA as set forth in the “Binding Arbitration” section of these Terms.
16. Informal Resolution of Disputes
If any controversy, allegation, dispute or claim arises out of or relates to the Program, including, without limitation, any advertising or marketing communications regarding Cheaper By The Minute or the Program, any purchases you make using your Program account, Program benefits or restrictions, or any other controversy, allegation, dispute or claim against Cheaper By The Minute regarding any interaction or transaction between you and Cheaper By The Minute, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Cheaper By The Minute’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 21), then you and we agree to engage in good-faith informal efforts to resolve the Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 16. Your notice to us must be sent via email to: chieflegalofficer@bbw.com. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any purchase or transaction at issue (if any and if available), and the relief sought.

For a period of sixty (60) days from the date of receipt of notice from the other party, Cheaper By The Minute and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and Cheaper By The Minute in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Cheaper By The Minute to resolve the Dispute or Excluded Dispute on terms with respect to which you and Cheaper By The Minute, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
17. All Disputes are Subject to Binding Arbitration
ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH THE INFORMAL METHODS DESCRIBED IN SECTION 16 MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. This includes all Disputes as defined in Section 16, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, whether arising before or after the effective date of these Terms. Notwithstanding the foregoing, Disputes that fall within the scope of the small claims court's limited jurisdiction may be submitted to such court. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 17 if the parties mutually agree.

Following the sixty-day (60) period described in Section 16, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the applicable arbitration rules. Arbitration shall proceed in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules of the AAA, except as modified herein. The arbitration will be administered by the AAA.

If a party properly submits a Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Cheaper By The Minute consent to in writing. The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the AAA Rules; but if the AAA Rules (or other applicable arbitration rules or laws) require Cheaper By The Minute to pay a greater portion or all of such fees and costs in order for Section 16-19 of this Agreement to be enforceable, then Cheaper By The Minute shall have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Section 19, the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the applicable arbitration rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, arbitration rules, and these Terms. In no event will a claim for public injunctive relief be arbitrated. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Cheaper By The Minute will have the right to recover its attorneys’ fees and expenses.

For U.S. residents, the FAA, not state law, shall govern the arbitrability of all Disputes between Cheaper By The Minute, including this Section and the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Cheaper By The Minute and you agree, however, that Washington law shall apply to and govern all Disputes between you and Cheaper By The Minute, without regard to any jurisdiction’s choice of law principles. If you reside in the U.S. (and as applicable to U.S. residents), this Section, Section 18, and Sections 19 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Cheaper By The Minute agree that we intend Sections 17-19 of this Agreement to satisfy the “writing” requirement of the Federal Arbitration Act (“FAA”).

This Section survives the termination of the Program. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
18. No Class Action Matters
YOU AND CHEAPER BY THE MINUTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated in Section 19 below, Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. The arbitrator does not have the power to vary these class action waiver provisions.

If, for any reason, this restriction is deemed unconscionable or unenforceable, then our agreement to arbitrate (set forth in Sections 16-19) will not apply and the Dispute must be brought exclusively in a state or federal court in Washington. Accordingly, you and Cheaper By The Minute consent to the exclusive personal jurisdiction and venue of such courts for such matters. If any portion of Sections 16-19 other than the class action waiver and prohibition against class arbitration are deemed invalid or unenforceable, all other portions of this Agreement shall continue to govern. This Section survives the termination of the Program.
19. Special Additional Procedures for Mass Arbitration.
If twenty-five (25) or more similar claims are asserted against Cheaper By The Minute by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Cheaper By The Minute shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process; the parties may but are not required to agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings pursuant to this provision. In the bellwether process, a single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator during the bellwether process unless the parties agree otherwise. After decisions have been rendered in the first ten (10) cases, Cheaper By The Minute and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of twenty (20) cases, Cheaper By The Minute and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the decided bellwether cases; if a global settlement cannot be reached in the second mediation, the parties also may discuss with the mediator the process for resolving the remaining cases with the benefit of the decisions in the first two (2) rounds of bellwether cases; the parties are not required to agree to any modifications to the process set forth herein. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, in order to increase the efficiency of administration and resolution of arbitrations, the arbitration provider shall: (i) administer the arbitration demands in batches of fifty (50) demands per batch (to the extent there are fewer than fifty (50) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one (1) arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Cheaper By The Minute and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims.

This Section shall in no way be interpreted as authorizing class arbitration of any kind. Cheaper By The Minute does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except in the limited circumstances set forth in this Section. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Section from the time of the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this Section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Cheaper By The Minute. This Section survives the termination of the Program.
20. MISCELLANEOUS

Governing Law. These Terms will be governed in accordance with the laws of the State of Washington, without reference to its conflicts of laws principles.
Fraud. Fraud or abuse relating to the Account registration process, providing of personal information, or earning or redemption of Loyalty Components is a violation of these Terms. You are solely responsible for any fraudulent use that may occur due to the theft of or sharing of your Account password or your device. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. The Program is a service provided to an individual Participant, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate in the Program for anything other than individual use. Cheaper By The Minute reserves the right to take any of the actions set forth in Section 2 if you engage in fraudulent activity or otherwise use this Program other than in accordance with these Terms and applicable law. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. CHEAPER BY THE MINUTE RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT.
Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, THE PROGRAM, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US.
Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms (as updated from time to time); (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the Website, the App and/or the Program; (iv) any misrepresentation made by you; and (v) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Cheaper By The Minute.
Updates to Terms. These Terms, in the form posted at the time of your use of the Program, shall govern such use (including transactions entered during such use). AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO YOUR ACCOUNT OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE APP OR WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT, INCLUDING, BUT NOT LIMITED TO, VIA EMAIL), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program. The revised Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, except with respect to the provisions set forth in Sections 16, 17, 18, and 19, the Terms that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement to Terms occurs. You should frequently check the App and Website and the e-mail you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new or revised Terms by discontinuing use of the Program.
Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Cheaper By The Minute and our parent companies, affiliated entities and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) the Program and the Website and App that makes the Program available;
(b) the functions, features, or any other elements on, or made accessible through, the Program, the Website or the App;
(c) any products, services, or instructions offered or referenced at or linked through the Program, the Website or the App;
(d) security associated with the transmission of any content you transmit to us via the Program, the Website or the App;
(e) whether the Website or the App or the servers that make the Website and the App available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
(f) whether the information (including any instructions) on the Website or App is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Website or App will be repaired or corrected;
(h) whether your access to the Website or App will be uninterrupted;
(i) whether the Website or App will be available at any particular time or location; and
(j) whether your use of the Program, Website or App is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
This section survives the termination of the Program.

21. Prior Terms
These Terms supersede all previously published Terms in their entirety as of the date noted below, and shall apply to any pending or future Dispute between You and Cheaper By The Minute to the fullest extent permitted by applicable law.

Effective Date: January 16, 2023