THESE TERMS AND CONDITIONS (THESE “TERMS”) INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO THE ARBITRATION PROVISION BELOW FOR MORE INFORMATION.  These Terms govern your participation in the MyBambu Cashback Rewards Program (the “Program”).  This Program is offered by Bambu Systems, LLC d/b/a MyBambu (“MyBambu”) in connection with Kard Financial, Inc. and provides cash back rewards (as described herein) on qualifying purchases with qualifying merchants to MyBambu® customers who use the MyBambu Visa® Debit Card (“Card”) issued by Community Federal Savings Bank (“CFSB” or “Bank”) (Member FDIC) pursuant to a license from Visa U.S.A. Inc.  For purposes of these Terms, “you” and “your” are intended to mean the account owner, “we,” “our,” or “us” refer to MyBambu, “Account” refers to the MyBambu Visa® Debit Card mobile banking application and/or website account used to access your MyBambu Visa® Debit Card, and “Card Account” refers to the MyBambu demand deposit account associated with your MyBambu Visa® Debit Card. 

 Your Acceptance of These Terms 

 By accessing or using your Account and by clicking to agree to these Terms when that option is made available to you, you agree to be bound by these Terms and our Privacy Policy and MyBambu Terms of Use, which are incorporated by this reference into these Terms.  If you do not agree to all these Terms, your sole recourse is to terminate your access to and use of the Account.  If your access to or use of the Services is prohibited by applicable law, you are not authorized to access the Cashback Rewards.  We are not responsible if you access or use the Account or Card in any manner that violates applicable law.  The Program is not offered or endorsed by the Bank. 

 Program Basics 

 The Program enables you to earn a cashback reward based on qualifying purchases with qualifying merchants (“Qualifying Transactions”) (see the Qualifying Transactions section below).  Cashback rewards will accrue on Qualifying Transactions and will be deposited automatically to your Card Account when the $20 threshold in accumulated cashback rewards is met (“Cashback Reward(s)”) so long as your Card Account is not closed and is in good standing or not restricted.  Cashback Rewards may be occasionally delayed.  

 MyBambu does not guarantee or otherwise represent that Cashback Rewards will be available at any given time.  Cashback Rewards will vary based on transactions and merchants so not all transactions will have the same Cashback Rewards made available to them. 

 Without limiting any of the other conditions of these Terms, if we give you a Cashback Reward to you in error (for example, we later determine that you did not comply with these Terms, or if you charge back a Qualifying Transaction), we reserve the right to remove the applicable Cashback Reward from your Account. You are responsible for making sure the Cashback Reward balance reflected in your Account is correct.  If you believe that your Account does not accurately reflect the proper Cashback Reward that you are eligible to receive, please contact us. 

 If your Card Account has a negative available balance at the time your Cashback Reward is deposited into your Card Account, your Cashback Reward will be reduced in your Card Account by the amount of (but no more than the amount of) the Cashback Reward. The Cashback Reward may only be redeemed as a deposit in your Card Account.  

 Termination of or Changes to the Program  

 At any time, subject to applicable law, we may terminate or modify this Program or change or remove the amount of a Cashback Reward or these Terms without prior notice or liability to you, including imposing limitations on your eligibility to earn Cashback Rewards from specific vendors, merchants, merchant categories, or specific types of transactions.  The amount of a Cashback Reward you will be entitled to will be the amount that applies at the time of a purchase if you meet all requirements of the Program.  When we revise these Terms, we will post a revised version on our website (www.mybambu.com) and in your MyBambu mobile application and such revised version will take immediate effect upon such posting and, subject to applicable law, become binding on you.  For the avoidance of doubt, except as otherwise expressly stated by us, your access to Cashback Rewards is subject to the version of these Terms currently in effect.    

 Qualifying Transactions 

 You can earn Cashback Rewards for Card purchases (physical and digital) for eligible goods and services for personal, family and household uses.  Cashback Rewards can only be earned for purchases made in the United States through your Card.  If you dispute, return, or chargeback a purchase or if there is a credit adjustment for a purchase that met the requirements of a Cashback Reward, MyBambu reserves the right to recover any cash back that was given in connection with that purchase or revoke any rights you may have to receive cash back in connection with that purchase.  For reversed transactions that occur before settlement, you will not be entitled to a Cashback Reward as we only distribute rewards for settled transactions. 

 To successfully earn a Cashback Reward, you must meet the reward requirements in a single transaction, after the application of any discounts or credits. If your purchase is processed in separate transactions and neither transaction meets the requirements for a Cashback Reward, you will have not met the reward requirements. Cashback Rewards may not be earned for purchases made prior to the Effective Date of these Terms.  This offer may not be combined with other offers. Purchase must be made using the Card associated with this offer. Payment must be made directly with the merchant and not through third party delivery service.  

 Forfeiture of Cashback Reward 

 No Cashback Reward will be earned, and the accumulated Cashback Reward will be forfeited if your Card Account is closed by you or us for any reason prior to the time your Cashback Reward reaches $20. 

 Taxes 

 You are solely responsible for learning about and paying any taxes that may apply to earning or using Cashback Rewards.  All Cashback Rewards paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes.  You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Program.  We are not responsible for determining whether you owe taxes in connection with your access to or use of the Program or for collecting, reporting, or remitting taxes arising from your access to or use of the Program, except for our own income taxes.  You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these Terms. 

 Depending on applicable tax laws, your receipt of rewards may be subject to reporting to certain tax authorities.  In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from accessing Cashback Rewards from your Card Account until we receive the required information. 

 Use of transaction Information 

 By using your Card in order to enable us to provide the Cashback Rewards, you authorize us to share your payment information with third-party service providers; any Payment Card Networks (such as Visa and Mastercard) with which your Card is affiliated; and banks, financial intermediaries, and providers of payment processing services (together the “Card-Related Parties”).  In particular, you authorize the Card-Related Parties to monitor transactions on your Card to identify which of your purchases qualify for Cashback Rewards in order to determine whether you have qualified for or earned an offer linked to your Card, and for the Card-Related Parties to share your Card transaction information with us to enable your Card-linked offer(s) and present offers to you.  

 You acknowledge that Payment Card Networks may be unable to monitor every transaction made with your Card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Card as a funding source but you do not present your card directly with a merchant), payments of existing balances, balance transfers, or transactions that are not submitted through a Payment Card Network’s U.S. payment system, and that these transactions are not eligible. 

 You agree that we and the Card-Related Parties may view Card transactions made by you with participating merchants in order to determine which of your transactions qualify for Cashback Rewards and to enable us to present offers that may be of interest to you.  You authorize participating merchants to provide us with historical transaction data such merchants may have to determine offer eligibility. 

 Disclaimer  

 You understand and agree that your use of the Program is at your sole risk, and the Program and our platform are provided on an “as is” and “as available” basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND TERMS (COLLECTIVELY, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM AND IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

 Applicable Law  

 Any Disputes with us about the Program or Cashback Rewards are governed by Delaware law. 

 DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER 

 For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Program or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. In the event of any such controversy, dispute, demand, claim, or cause of action, the complaining party must notify the other party in writing thereof. Within 30 days of such notice, you and we agree to use reasonable efforts to attempt to resolve the dispute in good faith.  If you and we do not resolve the dispute within 30 days after such notice, the complaining party may seek remedies exclusively through arbitration.  Except as otherwise expressly provided by applicable law, the demand for arbitration must be made within a reasonable time after the controversy, dispute, demand, claim, or cause of action in question arose, and in any event within two years after the complaining party knew or should have known of the controversy, dispute, demand, claim, or cause of action. 

 The arbitration will take place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean Bambu Systems, LLC and its subsidiaries, affiliates, predecessors, successors, and assigns and all our and their respective employees, officers, directors, agents, and representatives.  In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Program or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section. 

 Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial, financial contract disputes.  As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).  You should review this Section carefully. To the maximum extent permitted by applicable law, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence or as otherwise provided in the Rules and Procedures within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding the agreement to arbitrate included in this Section, you and we may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and you and we hereby agree to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate. 

 YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATORS’ DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. 

 You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS; MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) we will pay as much of your filing and hearing fees in connection with the arbitration as required by the Rules and Procedures and/or as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. 

 This Section will survive termination of these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (A) and (B) of this Section (prohibiting arbitration on a class or collective basis), if any part of this Section is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this Section will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (A) or (B) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this Section will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a controversy, dispute, demand, claim, or cause of action proceeds in court rather than in arbitration, the controversy, dispute, demand, claim, or cause of action will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence. 

 If you wish to opt out of the agreement to arbitrate included in this Section, you must notify us of your election in writing within 30 days of the date that you first became subject to these Terms, or within 30 days of the effective date of any material change to these Terms, by sending a written notice to us by certified mail at the following address: Bambu Systems, LLC, 221 Clematis Street, Suite 300, West Palm Beach, FL 33401; Attn: Arbitration Opt-Out.  Your opt-out notice must include your name, address, phone number, and email address. 

 For more information on the AAA, the Rules and Procedures, and the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.